Zoning Board of Appeals

THE CITY OF Catherine Conroy Steven Strichman Chairperson Commissioner of Planning Phone (518) 279-7152 Phone (518) 279-7166 Fax (518) 268-1690 Zoning Board of Appeals Fax (518) 268-1690 NOTICE OF PUBLIC HEARING Notice is hereby given that the Zoning Board of Appeals of the City of Troy, New York will conduct a REGULAR PUBLIC HEARING at 6:00 P.M. on Tuesday, December 4th, 2018 the 5th Floor of 433 River Street, to act upon the following requests for approvals and appeals from decisions made by the Bureau of Code Enforcement of the City of Troy. Old Business PLZB 2018-86 Nigro Companies seeks an Area Variance for 75 Vandenburgh Ave (123.21-1-23.1), Rite Aid, for an additional sign on the south side of the building, exceeding the maximum area of signage allowed. PLZB 2018-87 Sean Meagher seeks an Area Variances for 28-32 Humiston Ave (90.49-2-22) to subdivide the property, creating front and side setback deficiencies, and a road frontage deficiency. PLZB 2018-88 Adam Wilke seeks an Area Variance for 561-565 Congress St (101.80-2-44) to add a parking lot to the rear of the existing building, exceeding the maximum lot coverage by 21% (max is 60%). New Business PLZB 2018-96 The American Legion seeks a Special Use Permit for 1304 Park Blvd (90.80-3-2) to convert a former medical office into non-healthcare related professional offices and add two exterior flagpoles. PLZB 2018-97 Astra Wijaya seeks a Special Use Permit and an Area Variance and for 348 Second St (111.36- 3-25) to create a Cat Lounge, “a place to relax and hang out with adoptable cats”. The Area Variance is for a parking deficiency of one space (3 provided where 4 are required). PLZB 2019-98 Richard Hisert seeks a Use Variance for 460 Pawling Ave (112.58-7-1) to create a bed and breakfast with 3 rooms (guests can stay no longer than 4 consecutive nights) in their owner-occupied home. Additional information regarding the above listed actions is available in the Department of Planning and Community Development located on the 5th floor of Troy City Hall, 433 River Street, Troy, New York 12180. Telephone: 279-7169. E-mail: james.rath@troyny.gov. Office hours are from 8:30 A.M. to 4:30 P.M. on weekdays. As required by Americans with Disabilities Act, auxiliary aids and services are available upon request. Please give one-week advance notice for services needed. City of Troy Zoning Board of Appeals Catherine Conroy, Chairperson James Rath, Executive Secretary City Hall, 433 River Street, Troy, New York 12180 STAFF REPORT ZB 2018-87 Address: 28-34 Humiston Ave (90.49-2-22) Zone: R1 Applicant: Sean Meagher Project description: Sean Meagher seeks an Area Variances for 28-34 Humiston Ave (90.49-2-22) to subdivide the property, creating front and side setback deficiencies, and a road frontage deficiency. Staff notes: While the applicant’s proposal requires large deficiencies, these setback deficiencies are unlikely to cause an unwanted impact on the neighborhood or harm neighboring property value. Each deficiency is for an internal setback, where the new property lines would be drawn between the applicant’s existing buildings. Approvals needed: 1) Area Variance for front setback deficiency on Lot 1:  14.3’ setback proposed (25 required per ZC Section § 285-52D(3)(a)) 2) Area Variance for rear setback deficiency on Lot 2:  16.5’ setback proposed (30 required per ZC Section § 285-52D(3)(b)) AREA VARIANCE I move to approve/deny the Area Variance based on the following findings of fact: 1. An undesirable change will / will not be produced in the character of the neighborhood, or a detriment to nearby properties will / will not be created by the granting of the area variance, because ___________________________________________________________________ 2. The benefit sought by the applicant can / cannot be achieved by some method feasible for the applicant to pursue, other than an area variance, because __________________________________________________________________________ 3. The requested area variance is / is not substantial, because __________________________________________________________________________ 4. The proposed variance will / will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, because ___________________________________________________________________________ 5. The alleged difficulty was / was not self-created, because ___________________________________________________________________________ (Consideration 5 shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.) SEQRA: Staff recommends that the Board find this proposal to be a TYPE 2 action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact STAFF REPORT ZB 2018-86 Address: 75-81 Vandenburgh Ave (123.21-1-23.1) Zone: B3 Applicant: Nigro Companies Project description: Nigro Companies seeks an Area Variance for 75-81 Vandenburgh Ave (123.21-1-23.1), Rite Aid, for an additional sign on the south side of the building, exceeding the maximum area of signage allowed. Approvals needed: 1. Area Variance for exceeding maximum signage area:  An additional 68.12 square feet of signage is proposed, where over 235 square feet of signage already exists. (100 square feet allowed Per Zoning Code Section § 285-102A) AREA VARIANCE I move to approve/deny the Area Variance based on the following findings of fact: 1. An undesirable change will / will not be produced in the character of the neighborhood, or a detriment to nearby properties will / will not be created by the granting of the area variance, because ___________________________________________________________________ 2. The benefit sought by the applicant can / cannot be achieved by some method feasible for the applicant to pursue, other than an area variance, because __________________________________________________________________________ 3. The requested area variance is / is not substantial, because __________________________________________________________________________ 4. The proposed variance will / will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, because ___________________________________________________________________________ 5. The alleged difficulty was / was not self-created, because ___________________________________________________________________________ (Consideration 5 shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.) SEQRA: Staff recommends that the Board find this proposal to be an UNLISTED action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact STAFF REPORT ZB 2018-88 Address: 561-565 Congress St (101.80-2-44) Zone: B2 Applicant: Adam Wilke Project description: Adam Wilke seeks an Area Variance for 561-565 Congress St (101.80-2-44) to add a parking lot to the rear of the existing building, exceeding the maximum lot coverage by 21% (max is 60%). Staff Notes: Will drivers be able to turn around in the lot? There are no handicap-accessible spaces. Approvals needed: 1. Area Variance for exceeding maximum lot coverage  Applicant is proposing to cover an additional 21% of the lot, where 60% is already covered (60% maximum Per Zoning Code Section § 285-59D(4)) AREA VARIANCE I move to approve/deny the Area Variance based on the following findings of fact: 1. An undesirable change will / will not be produced in the character of the neighborhood, or a detriment to nearby properties will / will not be created by the granting of the area variance, because ___________________________________________________________________ 2. The benefit sought by the applicant can / cannot be achieved by some method feasible for the applicant to pursue, other than an area variance, because __________________________________________________________________________ 3. The requested area variance is / is not substantial, because __________________________________________________________________________ 4. The proposed variance will / will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, because ___________________________________________________________________________ 5. The alleged difficulty was / was not self-created, because ___________________________________________________________________________ (Consideration 5 shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.) SEQRA: Staff recommends that the Board find this proposal to be a TYPE 2 action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact STAFF REPORT PLZB 2018-96 Address: 1304 Park Blvd (90.80-3-2) Zone: INST Applicant: The American Legion Project description: The American Legion seeks a Special Use Permit for 1304 Park Blvd (90.80-3-2) to convert a former medical office into non-healthcare related professional offices and add two exterior flagpoles. Their application notes, besides the addition of two new flagpoles, no other exterior changes will be made, except for sidewalk repairs.  A stipulation ensuring sidewalk repairs will be made is suggested Approvals needed: 1. Special Use Permit for non-conforming use:  Per Zoning Code Section § 285-53, non-health related professional offices require a Special Use Permit in an INST zone. SPECIAL USE PERMIT I move to deny/approve deny the Special Use Permit based on the following findings of fact: 1. The proposed project will / will not cause substantial injury to the value of the surrounding property values, because ______________________________________________________. 2. The applicant does / does not meet the landscaping and screening criteria established for Special Use Permits, because __________________________________________________. 3. The Special Use Permit is / is not expected to impair the public health, safety, convenience, aesthetic quality, or environmental quality of the surrounding neighborhood, because ____________________________________________________________________. SEQRA: Staff recommends that the Board find this proposal to be an UNLISTED action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact 1304 Park Blvd STAFF REPORT PLZB 2018-97 Address: 348 Second St (111.36-3-25) Zone: R-4 Applicant: Astra Wijaya Project description: Astra Wijaya seeks a Special Use Permit and an Area Variance and for 348 Second St (111.36-3-25) to create a Cat Lounge, “a place to relax and hang out with adoptable cats”. The Area Variance is for a parking deficiency of one space (3 provided where 4 are required). As stated in the application, guests can also “buy some drinks and small bites while they are there.”  While a “cat lounge” is not defined in the city’s zoning code, this application is being considered a restaurant (which includes cafés), as it will be serving guests food and drink. Approvals needed: 1. Special Use Permit for a non-conforming use  Per Zoning Code Section § 285-55, restaurants accommodating less than 25 patrons at a time require a special use permit in R-4 districts 2. Area Variance for a parking deficiency  3 parking spaces provided where 4 are required (per Zoning Code Sections § 285-55 and 285-91) SPECIAL USE PERMIT I move to deny/approve deny the Special Use Permit based on the following findings of fact: 1. The proposed project will / will not cause substantial injury to the value of the surrounding property values, because ______________________________________________________. 2. The applicant does / does not meet the landscaping and screening criteria established for Special Use Permits, because __________________________________________________. 3. The Special Use Permit is / is not expected to impair the public health, safety, convenience, aesthetic quality, or environmental quality of the surrounding neighborhood, because ____________________________________________________________________. AREA VARIANCE I move to approve/deny the Area Variance based on the following findings of fact: 1. An undesirable change will / will not be produced in the character of the neighborhood, or a detriment to nearby properties will / will not be created by the granting of the area variance, because ___________________________________________________________________ 2. The benefit sought by the applicant can / cannot be achieved by some method feasible for the applicant to pursue, other than an area variance, because __________________________________________________________________________ 3. The requested area variance is / is not substantial, because __________________________________________________________________________ 4. The proposed variance will / will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, because ___________________________________________________________________________ 5. The alleged difficulty was / was not self-created, because ___________________________________________________________________________ (Consideration 5 shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.) SEQRA: Staff recommends that the Board find this proposal to be an UNLISTED action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact  City of Troy Application for Area Variance of Chapter 285; Zoning Code TO THE BOARD OF ZONING APPEALS: We, ​Astra Wijaya and Sindy Limin​, the owners of the property located at, 348 2ND ST​, Tax map number, Sec. ​111.36​ Block ​3​ Lot ​25​, hereby petition the Zoning Board of the City of Troy to grant a variation of the Zoning Code Section(s) ​285-55​, to allow the following as described below or shown on the accompanying drawings which have been denied by the Building Inspector, as specified on the attached Notice of Noncompliance (attach additional sheets as necessary to address any of the following sections). 1 Describe your application as proposed: We plan to create a Cat Lounge, a place to relax and hang out with adoptable cats. Normally people reserve slots and pay nominal entry fees. They could also buy some drinks and small bites while they are there. The cats would come from the local shelters and if the visitors like any of them, they can fill out adoption applications. Think of it as an extension to the shelters. The Area Variance Application pertains to the Lot Deficiency, Parking Deficiency, and Area Deficiency of the property. 2. Explain why you believe that your variance request will not create an undesirable change in the character of the neighborhood or be a detriment to nearby properties if it is granted: The variance will not alter the total area lot deficiency inherited. Should the business be running, we will keep the property’s facade clean and presentable. This will result in creating a better looking neighborhood and be beneficial to the business as well. 3. Can the benefit you seek by virtue of this variance application be achieved by revising your proposal? If not, explain why there are no other alternatives. As a dream project, this location of the cat lounge is a low-risk proposal for the owner-occupied building. Should there be a different and more suitable location for the cat lounge in the future, the owners have backup plans for alternative uses. Form 20060814 Page 1 of 2 4. Explain why you believe the proposed variance is not substantial. The proposed variance does not alter anything that is inherited. The cat lounge itself will have minimal disturbance to the neighbors. 5. Explain why you believe the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. The proposed variance will likely be a relaxing destination for the neighborhood while keeping the area’s quiet nature. 6. Explain why you believe the difficulty that requires the variance was not “self-created.” The Area Deficiency, Lot Deficiency, and Parking Deficiency are inherited. The variances are within the requirements of the R-4 Zoning District. The Osgood neighborhood is known for its mixed-use character that allow residential and commercial buildings to coexist. There is no existing regulation in regards to a cat lounge. The Osgood neighborhood is a great location because it is a quiet area Date: Signed: Address: City: Zip Code: Phone: Email: Form 20060814 Page 2 of 2  City of Troy, New York Application for Special Use Permit for Chapter 285 (Zoning Code) We, Astra Wijaya and Sindy Limin, the owners / tenant / proposed owner / proposed tenant / developer / other ( ) of the property located at 348 2nd Street, Tax Map ID number 111.36-3-25, hereby petition the Zoning Board of the City of Troy to grant a Special Use Permit pertaining to Zoning Code Section(s) 285-55 - C, to allow the following as described below or shown on the accompanying documents. If the space below the following questions is insufficient to adequately answer any of the questions, please feel free to use additional sheets of paper. 1. Describe your application as proposed: We plan to create a Cat Lounge, a place to relax and hang out with adoptable cats. Normally people reserve slots and pay nominal entry fees. They could also buy some drinks and small bites while they are there. The cats would come from the local shelters and if the visitors like any of them, they can fill out adoption applications. Think of it as an extension to the shelters. 2. Explain why you believe that your project will not create substantial injury to the value of the surrounding property values: We plan to preserve the exterior of the current property as much as possible. The business will have a friendly, welcoming, and uplifting look that should complement the surrounding houses. The Cat Lounge has a maximum capacity of 15 customers at any given time. The low capacity and quiet nature of cat cafes allow the business to operate well in a residential area. Alcohol will not be served at the premise. The lounge will also serve as a great community space for small, family-friendly events. This includes popular cat cafe activities such as yoga with cats, paint and sip, book club, knitting club, and more. 3. Explain why you believe that your project meets the landscaping and screening criteria established for Special Use Permits, if applicable: We will maintain the existing landscaping on the property. 4. Explain why you believe that your project will not impair the public health, safety, convenience, aesthetics, or environmental quality of the surrounding neighborhood: The cats will be kept with utmost care and will have their shots updated from the shelter. We hope to provide beneficial relaxation and working place for the neighborhood and beyond. In time, we plan to improve and refresh the exterior of the house with tactful, friendly, and welcoming look. 348 Second St STAFF REPORT PLZB 2018-98 Address: 460 Pawling Ave (112.58-7-1) Zone: R-2 Applicant: Richard Hisert Project description: Richard Hisert seeks a Use Variance for 460 Pawling Ave (112.58-7-1) to create a bed and breakfast with 3 rooms (guests can stay no longer than 4 consecutive nights) in their owner-occupied home. Approvals needed: 1. Use Variance for a non-conforming use  Per Zoning Code Section § 285-53, a bed and breakfast is a non-conforming use in an R-2. USE VARIANCE I move to deny/approve the Use Variance based on the following findings of fact: 1. The land, property, structure, or building in question can/cannot yield a reasonable economic return if used only for a purpose allowed in the zone, because _________________________________________________________________ 2. The need for the variance was / was not caused by the applicant, because ____________________________________________________________________________ 3. The use shall / shall not alter the essential character of the neighborhood, nor depreciate aesthetic or property values of the locality, because ____________________________________________________________________________ 4. The plight of the owner is / is not due to unique circumstances instead of the general conditions in the neighborhood, which may reflect the unreasonable uses of the zoning ordinance itself, because ______________________________________________________________________ SEQRA: Staff recommends that the Board find this proposal to be an UNLISTED action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact 460 Pawling Avenue