Zoning Board of Appeals

Catherine Conroy Steven Strichman Chairperson Commissioner of Planning Phone (518) 279-7166 Fax (518) 268-1690 Zoning Board of Appeals 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, May 28 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. PLZB 2019-34 Imran Sadiq seeks a Special Use Permit for 3076 Sixth Ave (90.63-8-1) to convert an existing bodega to office and storage space. R-4 Zone PLZB 2019-35 Troy Area United Ministries Inc. seeks an Area Variance for 392 Second St (111.36-8-27) to construct an addition to the principal structure for storage and truck access with a rear setback deficiency (24.5’ proposed, 40’ required), side setback deficiency (3’ proposed, 30’ required), and exceeding the maximum lot coverage (77% proposed, 50% maximum). R-4 Zone PLZB 2019-36 Joseph Lynch seeks an Area Variance for 335 Fourth St (112.21-3-5) to convert the second level of an existing garage into a single family dwelling unit with a parking deficiency (1 space proposed, 3 required). R-4 Zone PLZB 2019-37 The Troy Community Land Bank seeks an Area Variance for 791 River St (90.62-6-8) to construct a mixed use building (1st floor neighborhood commercial, 2nd & 3rd floor with 1 single family unit each) in place of the existing structure with a parking deficiency (4 proposed, 7 required), deficient lot area (3016 sq ft proposed, 6000 sq ft required), front building line deficiency (25.17’ proposed, 40’ required), setback deficiencies (0’ front & 5’ side proposed, 10’ & 10’ required). R-4 Zone PLZB 2019-38 Daniel Sanders seeks a Use Variance and Area Variance for 523-525 Fourth Ave (80.63-4-2) to amend an approval granted on 4/17/18, for 4 additional dwelling units, resulting in a parking deficiency of 4 spaces. R-2 Zone PLZB 2019-39 Solar Energy Resources seeks a Use Variance for 142 Mann Ave (112.-4-7) to install a 70 kW ground mount solar array. CON Zone PLZB 2019-40 R. Wells Covington Packard seeks a Special Use Permit for 184 Fourth St (101.61-12-14.1) to allow residential occupancy on the first floor of the lot’s principal structure. B-4 Zone 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 weekdays 8:30 A.M. to 4:30 P.M. 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 Hall, 433 River Street, Troy, New York 12180 STAFF REPORT ZB 2019-34 Address: 3076 Sixth Ave (90.63-8-1) Zone: R-4 Applicant: Imran Sadiq Project description: Imran Sadiq seeks a Special Use Permit for 3076 Sixth Ave (90.63-8-1) to convert an existing bodega to office and storage space. R-4 Zone Staff Notes:  Parcel includes 3 car garage, (which could supply) sufficient parking- no area variance is needed because of this  During site visit: one car parked on sidewalk in front of gargage, another parked on grass. Similar scenarios shown in satellite images/Google Streetview  Sidewalk along Douw St is uneven and potential ADA concern  Dumpster on sidewalk on Douw St  Unclear why there is no on-street parking on Douw St (internal note for City), allowing parking on- street could help mitigate illegal parking  Illegal parking/pedestrian obstructions and accessibility concerns should be addressed by applicant  Per application’s 4. Response “N/A to be discussed”, the board can suggest tree plantings and other greenspace requirements to mitigate illegal parking concerns Approvals needed: 1) Per Zoning Code Section § 285-55C(1) & § 285-54C(3) a Special Use Permit is needed for Professional offices for no more than four professionals, conducting business collectively or individually and not employing more than 1.25 persons each. SPECIAL USE PERMIT I move to 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 a Unlisted action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact On Douw St looking West On Douw looking South STAFF REPORT ZB 2019-35 Address: 392 Second St (111.36-8-27) Zone: R-4 Applicant: Troy Area United Ministries Inc. Project description: Troy Area United Ministries Inc. seeks an Area Variance for 392 Second St (111.36-8-27) to construct an addition to the principal structure for storage and truck access with a rear setback deficiency (24.5’ proposed, 40’ required), side setback deficiency (3’ proposed, 30’ required), and exceeding the maximum lot coverage (77% proposed, 50% maximum). R-4 Zone Staff Notes:  Trucks access will only exist in rear  Extended efforts to bring positive activity into the alleyways can be a positive for the community  Site plan shows cistern/stormwater retention, which could mitigate concerns over lot coverage. Applicant should explain how this will work. Approvals needed: 1) Per Zoning Code Section § 285-55D an Area Variance is needed for:  Rear Setback Deficiency (24.5’ proposed, 40’ required),  Side setback deficiency (3’ proposed, 30’ required)  Exceeding the maximum lot coverage (77% proposed, 50% maximum) 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 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 2019-36 Address: 335 Fourth St (112.21-3-5) Zone: R-4 Applicant: Joseph Lynch Project description: Joseph Lynch seeks an Area Variance for 335 Fourth St (112.21-3-5) to convert the second level of an existing garage into a single family dwelling unit with a parking deficiency (1 space proposed, 3 required). R-4 Zone Staff Notes:  Applicant claims garage can fit two vehicles, but by code can only count one space  One unit is being added, but parking is now required for existing units due to increase  Adding density to neighborhood and reusing an existing structure  Alleyway has scattered garbage and trash bins. Applicant should address trash removal/storage Approvals needed: 1) Per Zoning Code Section § 285-55F(1)(b) an Area Variance is needed for:  Parking deficiency (1 space proposed, 3 required) 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 II 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 2019-37 Address: 791 River St (90.62-6-8) Zone: R-4 Applicant: Troy Community Land Bank Project description: The Troy Community Land Bank seeks an Area Variance for 791 River St (90.62-6-8) to construct a mixed use building (1st floor neighborhood commercial, 2nd & 3rd floor with 1 single family unit each) in place of the existing structure with a parking deficiency (4 proposed, 7 required), deficient lot area (3016 sq ft proposed, 6000 sq ft required), front building line deficiency (25.17’ proposed, 40’ required), setback deficiencies (0’ front & 5’ side proposed, 10’ & 10’ required). R-4 Zone Staff Notes:  Current ordinance is not condusive to mixed-use development, which is sought by the Comprehensive Plan and is often considered a positive change for communities  Existing structure on site is unsound and likely needs to be torn down for any new development Approvals needed: 1) Per Zoning Code Section § 285-55 an Area Variance is needed for:  Parking deficiency (4 proposed, 7 required)  Deficient lot area (3016 sq ft proposed, 6000 sq ft required)  Front building line deficiency (25.17’ proposed, 40’ required)  Front setback deficiency (0’ proposed, 10’ required)  Side setback deficiency (5’ proposed, 10’ required) 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 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 2019-38 Address: 523-525 Fourth Ave (80.63-4-2) Zone: R-2 Applicant: Daniel Sanders Project description: Daniel Sanders seeks a Use Variance and Area Variance for 523-525 Fourth Ave (80.63- 4-2) to amend an approval granted on 4/17/18, for 4 additional dwelling units, resulting in a parking deficiency of 4 spaces. R-2 Zone Staff Notes:  Initial application was approved for 27 units  All walkways/sidewalks including corners must be ADA compliant, featuring accessible curb ramps with Tacticle Warning Strips  Midblock crosswalk on 4th (just south of 114th St) could create a potential pedestrian-auto conflict and removal should be discussed o Removal of crosswalk will create two additional on-street (public) parking spaces in the project area Approvals needed: 1) Per Zoning Code Section § 285-53F an Area Variance is needed for:  Parking deficiency (4 additional spaces now required) 2) Per Zoning Code Section § 285-53B a Use Variance is required 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.) USE VARIANCE I move to approve/deny 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 a Type II action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact Image from 114th St intersection looking south on 4th Ave showing noncompliant ramp, illegal parking, and midblock crosswalk STAFF REPORT ZB 2019-39 Address: 142 Mann Ave (112.-4-7) Zone: CON Applicant: Solar Energy Resources Project description: Solar Energy Resources seeks a Use Variance for 142 Mann Ave (112.-4-7) to install a 70 kW ground mount solar array. CON Zone Staff Notes:  Proposal on edge of St. Joseph’s Cemetery  Project would eliminate vegetation, applicant has discussed planting trees to offset this and plans should be discussed with the board  Solar was not considered in current zoning, but minimal negative impace is expected Approvals needed: 1) Per Zoning Code Section § 285-65B a Use Variance is required USE VARIANCE I move to approve/deny 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 a 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: I, Rev. James Sidoti 0.Carm, Pastor the owner of the property located at, 156 Mann Ave, Troy NY _________ , Tax map number, Sec. ____ Block ____ Lot ___ St. Joseph's Cemetery, Troy Tax ID # 112.-4-7 — 39.25 acres Tax ID # 112.-4-8 — 6.40 acres Tax ID # 112.-4-9.1 — 14.11 acres hereby petition the Zoning Board of the City of Troy to grant a variation of the Zoning Code Section(s) 285 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: install two rows of photovoltaic modules on the NW edge of the oldest portion of the cemetery 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 solar array will be placed between two stands of medium old growth Ash and Poplar trees, replacing brush, hemlock, poison oak etc. on the border between burial places proximal to a fence which outlines our property. It will virtually only be visible to those who visit the old I mausoleum portion of our property. 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. The required system size for offsetting our electric utility usage is too large to be roof mounted. The location chosen for this ground mount is discrete and unusable for any other purpose. 4. Explain why you believe the proposed variance is not substantial. Installation of the array is in an area not travelled by the public and backs up to a parking overflow and trash storage area on neighboring property. 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 solar array is totally passive, produces no sound and has no moving parts. It will sit discretely on the border of the main burial grounds on the outer ring of a maintenance road and backs up to an 8 foot chain link fence bordering the neighboring parking and trash storage area. The system is semi-permanent and can be removed with no impact at the end of its useful life. 6. Explain why you believe the difficulty that requires the variance was not "self-created." The variance is required because there is no current ordinance covering the installation of ground mounted solar arrays Date: Signed: 4/23/2019 Address: 416 3rd St. City: Troy, NY Zip Code: 1 21 8 0 Phone: 518-274-6720 Email: Form 20060814 Page 2 of 2  PV Point of Interconnection Occurs in proposed transformer on ground mount near solar array Proposed Utility Transformer Solar Modules and Power Optimizers (optimizers located behind modules) Inverter Location - in field with modules and racking Solar PV Disconnect Switch, located in field with solar array Solar Array Location With Respect to Main Building Prepared for: Saint Joseph's Church Preparer: Solar Energy Resources LLC Rev 2.0 416 3rd St. 76 Waterrtown Rd Troy, NY, 12180 Thomaston, CT 06787 860-880-8300 3/13/2019 www.energy resourcesusa.net STAFF REPORT ZB 2019-40 Address: 184 Fourth St (101.61-12-14.1) Zone: B-4 Applicant: R. Wells Covington Packard Project description: R. Wells Covington Packard seeks a Special Use Permit for 184 Fourth St (101.61-12- 14.1) to allow residential occupancy on the first floor of the lot’s principal structure. B-4 Zone Staff Notes:  Former church  Parcel has been subdivided and does not include adjacent parking lot  Applicant is seeking to live on site while assessing options for future use  Board should inquire about timeline for future use, as property was once a community resource Approvals needed: 1) Per Zoning Code Section § 285-61C & § 285-58C(7)a Special Use Permit is required for a dwelling unit below the second floor of the principal structure on the lot SPECIAL USE PERMIT I move to 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 a Unlisted action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact