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 public hearing at 6:00 P.M. on June 23 on the 5th Floor of 433 River Street, to act upon the following requests for approvals & appeals from decisions made by the Bureau of Code Enforcement of the City of Troy. Due to COVID-19 the hearing will be conducted online using Zoom video conferencing software. The link and access code will be listed on the ZBA webpage: http://www.troyny.gov/government/boards-commissions/zoning-board-of-appeals/ Members of the public can submit comment prior to the meeting via email or during the public comment period. PLZB 2020-4 Clifton Casela seeks an Area Variance for 2 E Sunnyside Way (90.71-5-11) for an accessory structure with a side setback deficiency (.5’ setback proposed, 3’ required) and insufficient distance from two principal structures (0’ proposed, 12’ required). Applicant is proposing a “portable garage tent” in front driveway. R-2 PLZB 2020-15 FDC Construction seeks Area Variances for 39 Brunswick Road (101.80-2-21) for front setback deficiencies (20 ft. required, 10 ft. proposed) and a parking deficiency (12 spaces required, 3 proposed). Proposal includes three new 2-family homes, with the parcel to be subdivided into 4 lots. R-2 PLZB 2020-10 Erick Kuchar seeks an Area Variance for 388 8th St (101.23-5-46) for a parking deficiency (2 spaces required, 0 proposed). R-2 PLZB 2020-13 Kings Commons LLC seeks an Area Variance for 12 King St (101.37-3-6) for nonconforming signage. The proposed signage exceeds maximum allowed size (no signage allowed for residential, 25 square feet proposed) and is located higher than allowed. B-4 PLZB 2020-14 Redburn Development seeks an Area Variance for 701 River St (90.70-5-8) for nonconforming signage. The proposed signage exceeds the maximum letter height (5” allowed, 9” proposed) and is located higher than allowed. B-5 Additional information regarding the above listed actions is available by contacting the Department of Planning and Economic Development, email: james.rath@troyny.gov City Hall, 433 River Street, Troy, New York 12180 STAFF REPORT ZB 2020-4 Address: 2 E Sunnyside Way Zone: R-2 Applicant: Clifton Casela Project description: Clifton Casela seeks an Area Variance for 2 E Sunnyside Way for an accessory structure with a side setback deficiency (.5’ setback proposed, 3’ required) and insufficient distance from principal building (0’ proposed, 12’ required). Applicant is proposing a “portable garage tent” in front driveway. Staff Notes:  Portable garage tent is proposed, opposed to a permanent carport as previously stated.  Proposed location would protrude from other neighboring structures, applicant should address the need for this location, rather than setting it back further in the driveway.  Applicant should address the need for a portable garage tent, rather than a fixed, built garage or carport.  Proposed location/site may be out of character with the existing neighborhood- no nearby properties have accessory structures for vehicle storage in front of the principal structure  Applicant had an existing structure, a temporary carport erected on site. It was reported by a neighbor and cited by code enforcement for being out of compliance  Applicant should elaborate on proposed form of the proposed structure Approvals needed: 1) Per Zoning Code Section § 285-70D(1) an Area 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.) 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  Appox Location Applicant Information Applicant Type  Owner Applicant Name Clifton Casela Applicant Address 2 east sunny side st Email ccasela@aol.com Phone (518) 365-6130 Application Details Troy Property Location (include tax map ID if available) 90.71-5-11 Zoning Code Section(s) 285-53 d3c 1. Describe your application as proposed. It is a portable garage used for storage My classic cars 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 portable garage has been up for three years with no affect to traffic or neighbors we put this up due to the fact that our driveway is lower than our neighbor to our right and their children has broken windshields mirrors with no response to them so we put this up to stop the kids from jumping off potentially getting hurt and to protect my personal 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. We have tried multiple things to stop the next-door neighbors from jumping into the driveway with no success after we put up the portable garage three years ago we have not had an issue sense 4. Explain why you believe the proposed variance is not substantial. I am just trying to do when I am asked to do by code 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. This is a portable garage so it does not harm the environment at all kind of helps as I do have a bird nest in the middle of it that we leave alone and it is great education for my children to watch the robins have a nest in the portable garage and this is the second year they have done it 6. Explain why you believe the difficulty that requires the variance was not “self-created.” Really not sure what to say here I just do as I’m asked and follow the law Attention Troy STAFF REPORT ZB 2020-15 Address: 39 Brunswick Road (101.80-2-21) Zone: R-2 Applicant: FDC Construction, represented by Brian Sipperly at Verity Engineering Project description: FDC Construction seeks Area Variances for 39 Brunswick Road (101.80-2-21) for front setback deficiencies (20 ft. required, 10 ft. proposed) and a parking deficiency (12 spaces required, 3 proposed). Proposal includes three new 2-family homes, with the parcel to be subdivided into 4 lots. R-2 Staff Notes:  39 Brunswick Road is the Troy Masonic Community Center. While 39 Brunswick Road is the current address for parcel 101.80-2-21, this project is centered around 3 new homes on Highland Ave, between the existing structures at 1836 and 1886 Highland Ave  Applicant states they cannot meet the front setback requirement due to the steep grade in the rear  Most structures on Highland Ave are setback between 5 and 15ft. 10 foot setbacks are appropriate for these new structures  Parking deficiency is not expected to have a significant impact on the neighborhood  The Complete Streets Advisory Board asks: “Has a walking path, to connect residents on Highland Ave to Brunswick Ave where they can access the Poestenkill River, been explored as an aspect of this project?” o The ZBA can stipulate this, or instruct the applicant to work with the Planning Commission to explore this  The site includes several large trees, the applicant should address how development can occur without removal Approvals needed: 1) Per Zoning Code Section § 285-53D(3)(a) Area Variance required for front setback deficiency 2) Per Zoning Code Section § 285-53F(2) Area Variance required for parking deficiency 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  City of Troy Application for Area Variance of Chapter 285; Zoning Code TO THE BOARD OF ZONING APPEALS: Brian T. Sipperly - Agent for applicant, FDC Construction LLC, who is a Contract Vendee for I, ________________________________________ the owner of the property located at, __________________________, Tax map number, Sec. 101.80 39 Brunswick Road 2 ______ Block_____ Lot 21 _____, hereby petition the Zoning Board of the City of Troy to grant a variation of the Zoning Code Section(s)_________________________________________, 285-53-D-3(a) AND 285-81-A 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: The applicant proposes a 4-lot subdivision of 39 Brunswick Road with three (3) new lots fronting Highland Avenue. Three (3) two (2) Family structures will be constructed along with appurtenant utility connections. Given the nature of the existing topography and the City's Steep Slope setback, the applicant proposes to site the foundations ten (10) feet from the Right-Of-Way where twenty (20) feet is required. 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: Although R-2 zoning calls for a twenty (20) foot front yard setback, the existing houses along Highland Avenue are not setback twenty feet from the right of way boundary. Siting the new foundations at the proposed ten (10) foot front yard setback would maintain the integrity of the existing traditional single and two-family residential units along Highland Avenue. Street parking occurs in and along Highland Avenue today and would not create an undesirable change to the underlying character of the neighborhood character. 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. No. Siting the foundations with a reduced front yard setback helps to balance the existing character of the neighboring properties and proper buffer to the steep slopes on the parcel. In addition to the City of Troy's twenty-five (25) foot setback from slopes greater than 20%, the applicant's Geotechnical Engineer performed a slope stability analysis that also established a safe slope setback line. Albeit the two lines differ slightly, the requirement to avoid encroachment into the safe slop setback line prevails. All attempts were made to site the required parking in the rear of the structures. Given the steep slopes in the southern portion of the project area and that parking is disallowed in the front yard per 285-81-B(1), all attempts have been made to avoid storm water runoff down gradient and placement of fill along top of slope. Form 20060814 Page 1 of 2 4. Explain why you believe the proposed variance is not substantial. The requested variance is not substantial in that the applicant is proposing a 50% reduction in the required front yard setback and the project post development will actually appear more in character with the homes to the east along Highland Avenue with respect to distance from right of way. Given that street parking occurs in and along Highland Avenue, adding the required street parking incorporating a relief from current curb-edge is not substantial. The offset parking will allow the travel lanes to remain intact and avoid the neck-down feeling that occurs when local streets allow incorporate parking parallel along each curb line. 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 variance will not have an adverse impact on the physical and environmental conditions of the neighborhood because the proposed use and proposed house locations is consistent with the predominant character of the street. No wetlands, watercourses, steep slopes or other critical environs are effected by granting the variance Adding additional pavement and curbing along Highland Avenue will contribute additional stormwater runoff to the combined storm sewers, however this will be mitigated with an off-site disconnection to mitigate increases to the nearest outfall location and therefore will not have an adverse physical and environmental impact. 6. Explain why you believe the difficulty that requires the variance was not “self-created.” The applicant is not a property owner and therefore the variance request is not self-created. 03/10/20 Agent for Applicant Date: Signed: Address: P.O. Box 474 City: Troy, NY Zip Code: 12181 Phone: 518.389.7200 x2 Email: brian@verityeng.com Form 20060814 Page 2 of 2  6,7(67$7,67,&6 $''5(66 %5816:,&.52$' 7$;0$3  $5($ s6) s$& 1 =21( 7:2)$0,/<5(6,'(17,$/ 5  6,7( 86( 6,1*/()$0,/<5(6,'(17,$/'(7$&+(' 5 7:2)$0,/<5(6,'(17,$/ 68%',9,6,21 +& 6,7( 0,1/27$5($  6)81,7 ! 6)81,7 0,1/27:,'7+  )7  )7 9HULW\(QJLQHHULQJ'3& 0,1)52176(7%$&.  )7  )7 0,15($56(7%$&.  )7 s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s  s /27&29(5$*( (;,67,1* 352326(' %8,/',1*6  6)  6)  3$9(0(176  6)  6)  *5((163$&(  6)  6)   6)  6) Z Z Z Z 5 Z 39& .&233( 5 Z 39& .&233( 6'5 Z 6'5 Z 0,1 /)# 7<3( Z  39& 0,1 /)# 7<3( 5 6'5 Z .&233(  Z 0,1 66 /)#  : Z 66 63$&(6 7<3( : Z  Z  :,'(&21&  &85%67237<3 6,'(:$/.  66  :  &.  (7%$ )52176   63$&(6     6,'(6(7%$&. ,76   %581 7:2  4)7 ,76 s6 &/($12877<3 %581  7:2  4)7 ))(      s6  ))( ,76 %581 7:2  4)7 6$)(6/23( s6 (     6(7%$&.3(5 )) 63$&(6  % *(27(&+1,&$/ % 7$1'(0 ,19(67,*$7,21 ,7 ,6 $ 9,2/$7,21 2) 1(: <25. 67$7( ('8&$7,21 /$: $57,&/(  )25 $1<  3(5621 81/(66 7+(< $5( $&7,1* 81'(5 7+( ',5(&7,21 2) $ /,&(16('  )767((3 352)(66,21$/(1*,1((572$/7(57+,6'2&80(17,1$1<:$<,)$/7(5('7+( 6/23(6(7%$&. $/7(5,1* (1*,1((5 6+$// $)),; 72 7+( '2&80(17 7+(,5 6($/ 7+( 127$7,21   $/7(5('%<)2//2:('%<7+(,56,*1$785(7+('$7(2)68&+$/7(5$7,21$1' 3(5=21,1*&2'( $63(&,),&'(6&5,37,212)7+($/7(5$7,21      &23<5,*+7k9(5,7<(1*,1((5,1*'3&$//5,*+765(6(59('     '(6,*1('%< $-9   . (6(7%$& '5$:1%< $-9 6(7%$&.    6,'( 6,' &+(&.('%< %76  (6   6,'  $33529('%< $-9 (7%   $&. 6&$/(   /27 64)7 '$7(  s$& /27 64)7 s$& /27 $-9 s 64)7          %< s$& 68%0,77(')256,7(3/$1$33529$/  5($ 56(7% $&.  5($ 56(7% '(6&5,37,21 $&. 3??&$'?B02'(/?6,7(':*_$0              '$7(                   $ 5(9 6,7(87,/,7<$1' *5$3+,&6&$/( *5$',1*3/$1       LQFK ,1)((7  IW & RI STAFF REPORT ZB 2020-10 Address: 388 8th St (101.23-5-46) Zone: R-2 Applicant: Erick Kuchar Project description: Erick Kuchar seeks an Area Variance for 388 8th St (101.23-5-46) for a parking deficiency (2 spaces required, 0 proposed). R-2 Staff Notes:  Parking deficiency is not expected to have a significant impact on the neighborhood Approvals needed: 1) Per Zoning Code Section § 285-53F(2) Area Variance required for parking deficiency 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 Applicant Information Applicant Type  Other Applicant Name AJ Signs Applicant Address 842 Saratoga Rd Burnt Hills Email Kristen@ajsigns.com Phone (518) 399-9291 Application Details Property Location (include tax map ID if available) 10 King St 101.37-3-6 Zoning Code Section(s) 285-103-B-2 1. Describe your application as proposed. We propose to install a 25 Sq Ft Blade sign at a height 14 ft from grade. This would require that the top of the sign be located above the bottom of the second floor window line. 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.  We do not believe that raising the height of the sign to 14 ft above grade will create any undesirable change. To place the sign below the second floor window line would put the sign too close to the sidewalk for pedestrians to pass by safely. 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. To lower the sign would make it unsafe for pedestrians to utilize the sidewalk. The sign needs to be located at a height of 14 feet from grade for maximum visibility to the public. 4. Explain why you believe the proposed variance is not substantial. The variance should not be seen as substantial. The entire building complex is represented by the sign. We would not be infringing on rights of others by locating the sign on an upper level of the building. 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 wall sign will have no impact on the physical or environmental conditions of the area ot neighborhood. 6. Explain why you believe the difficulty that requires the variance was not “self-created.” The need for change in height for the proposed sign could be seen as self created.  City of Troy Application for Area Variance of Chapter 285; Zoning Code TO THE BOARD OF ZONING APPEALS: I, __________ Damien Pinto-Martin ___________ the owner of the property located at,_________701 River St._________________, Tax map number, Sec. _90.70_ Block_5 Lot __8.1 ___, hereby petition the Zoning Board of the City of Troy to grant a variation of the Zoning Code Section(s)_____141-34B, 285-104B_________________________, 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 propose mounting a 10' x 5'5'' business sign on the Southeast corner of 701 River St., soon to be the Collar Factory Lofts. The current sign limitations will limit the height of the letters to 5'' which will result in a sign that can only be read by all at a 50' distance with a maximum impact of 125'. This creates a hardship for commercial tenants with respect to bringing in customers. The proposed variance will allow for 9'' letters and a maximum reading distance of 400'. This ties directly in with the next businesses on River St that drive traffic from downtown. (Picture of sign attached.) 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: This variance request is an essential part of the overall redevelopment of 701 River St. and the infusion of economic activity into the Central Troy neighborhood. The increased distance ties directly in with connecting to neighboring businesses, The Ale House and The Hanger. The Collar Factory Lofts sign is a symbol of the neighborhoods resurgence and a tribute to it's historical roots. The large sign will serve as a landmark for all properties on the corner of River and Middleburgh. 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. No, any revision of the proposal will reduce the distance from which the sign can be read. The proposed variance will allow the commercial tenants sign to be read by all at 90' and a maximum impact distance of 400'. In order to keep with our overall goal of connecting downtown to North Central we must proceed with the proposal as is. Form 20060814 Page 1 of 2 4. Explain why you believe the proposed variance is not substantial. The proposed variance is not substantial, it is minimal. It does not encroach on the lower height requirement above the sidewalk in the zoning code and does not extend higher than the original sign that was removed from the building. The total square feet of the face of the proposed sign is within the limits set forth by the City's code. The sign will still be constructed of fireproof material, properly protected from the elements and firmly and permanently attached to the southeast corner of the building. 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 not have an adverse effect on the environmental conditions of the Central Troy neighborhood. The physical conditions of the neighborhood will not be adversely affected, there is an existing sign that is a similar si ze to the one we are proposing. The only building that will be affected by the proposed variance is the one located at 701 River St. 6. Explain why you believe the difficulty that requires the variance was not “self- created.” Upon the purchase of 701 River St, a large sign was hung along the Southeast corner of the building that, in it's hayday, connected the old factory to the economic activity of downtown. Our proposal intends to do the same. The proposed sign is a critical element of the rehabilitation of 701 River St, and the North Central Troy neighborhood. Date: 7/1/19 2/17/20 Signed: Address: 204 Lafayette St. City: Schenectady Zip Code: 12305 (518)- 631-3722 Phone: dpintomartin@redburndev.com Email: Form 20060814 Page 2 of 2  Sign: 5.5' x 10' Circe: 5' Bottom Bracket to Ground: 22 Overhang: ' 5' 9'' TENANT #1 TENANT #2 10.00 ft TENANT #3 TENANT #4 TENANT #1 TENANT #2 TENANT #3 TENANT #4 8.01 ft  78'' 6.49 ft 66'' 60'' 120'' 180'' TENANT #1 9.00 ft TENANT #1 TENANT #2 TENANT #2 TENANT #3 TENANT #3 TENANT #4 New Tenant Panels: 11.5'' high x 51.5'' wide TENANT #4 90'' Tenant Panels: 15'' high x 66'' wide