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Zoning Board of Appeals

Regular Meeting

Troy, NY · April 7, 2021

Agenda

Agenda

Wm. Patrick Madden Steven Strichman Mayor Commissioner of Planning Monica Kurzejeski Phone: (518) 279-7166 Deputy Mayor steven.strichman@troyny.gov Zoning Board of Appeals 433 River St., Ste. 5001 Troy, New York 12180 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 Wednesday, April 7, 2021 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/agenda-minutes/ Members of the public are encouraged to submit comments prior to the meeting via email or during the public comment period. New Business PLZBA20210009 Area Variance - 391 2nd St (111.36-7-11) R-4 Zone Sophia Subbaya Vastek seeks a variance for a parking deficiency at an existing structure (3 spaces required, 0 proposed) PLZBA20210010 Special Use Permit - 17 102nd St (90.39-5-27) B-2 Zone Joe Johnson seeks a Special Use Permit to convert the first floor of an existing structure into a residence PLZBA20210011 Area Variances - 23 13th St (101.71-9-32) R-3 Zone Graciela Monroy seeks area variances for parking deficiency (4 spaces required, 0 proposed) and exceeding density the maximum allowed density (21.5 units allowed per acre) Additional information regarding the above listed actions is available by contacting the ZBA’s Executive Secretary at james.rath@troyny.gov Page 1 of 1 City of Troy Application for Area Variance of Chapter 285; Zoning Code TO THE BOARD OF ZONING APPEALS: We, I, Sophia Vastek & Sam Torres ________________________________________ the owner of the property located at, __________________________, 391 2nd Street, Troy Tax map number, Sec. 111.36 ______ Block_____7 Lot 11 _____, hereby petition the Zoning Board of the City of Troy to grant a variation of the Zoning Code Section(s)_________________________________________, 285-55 F.(1) (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: We propose to convert the existing, vacant Ukrainian Church Hall into a single-family, 1- bedroom residence with a home occupation. We are musicians, and will use space in the hall for rehearsals, recording, producing, teaching, & recitals. We are making no changes to the exterior of the building or the site. The site currently has no off-street parking spaces, and we do not intend to add any, as doing so would reduce the lot's existing green space to below the required minimum 25% and leave us with no usable backyard. 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: Our variance request will not create an undesirable change in the character of the neighborhood because it is an existing condition; rather,we believe it will result in an improvement to the parking situation, as we are converting from a high-density assembly use to a low-density residential use. 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 benefit we seek is retaining the required minimum 25% green space on the lot and a usable backyard. As the backyard is the largest green space and the only location on the lot where off-street parking could be provided, the variance is needed. There are no other alternatives except to maintain the existing condition of on-street parking only. Form 20060814 Page 1 of 2 4. Explain why you believe the proposed variance is not substantial. The proposed variance is not substantial because the most recent, high-density use of this building did not provide off-street parking, so our low-density residential use will be an improvement. 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 physical or environmental conditions in the neighborhood because our proposed residential use for this building will have a reduced on-street parking load compared to the building's most recent use as an assembly space/social hall. 6. Explain why you believe the difficulty that requires the variance was not “self-created.” The required variance is not self-created because the lot size is small compared to the building size, and off-street parking cannot be provided while still maintaining the minimum required 25% green space. Since all allowed uses require some off-street parking, any proposed use, including a single-family residence, would require the parking variance. Date: 3/3/21 Signed: Address: 2140 5th Ave., Apt. G City: Troy, NY Zip Code: 12180 Sam: (917) 447-5788 Phone: Sophia: (202) 487-3624 Email: sophiavastek@gmail.com samtorresnoise@gmail.com Form 20060814 Page 2 of 2 Applicant Information Applicant Type  Owner Applicant Name Joe Johnson Applicant Address 17 102nd st Email johnsonelectrical@yahoo.com Phone (518) 423-7628 Application Details Property Location (include tax map ID if available)* 17 102nd 90.39-5-27 Zoning Code Section(s) 481 1. Describe your application as proposed. Convert 1st floor commercial into residential apartment 2. Explain why you believe that your project will not create substantial injury to the value of the surrounding property values. Surrounding Homes are multifamily 3. Explain why you believe that your project meets the landscaping and screening criteria established for Special Use Permits, if applicable. Second floor is residential and we are seeking to convert old store front to residential 4. Explain why you believe that your project will not impair the public health, safety, convenience, aesthetics, or environmental quality of the surrounding neighborhood. Existing building with no additions. Currently a vacant structure to be rehabbed. Applicant Type  Other Applicant Name Graciela Monroy Applicant Address 53 3rd Street Troy NY 12180 Email gm@mestudiodesign.com Phone (954) 478-4525 Application Details Property Location (include tax map ID if available) 23 13th Street, Tax ID 101.71932 Zoning Code Section(s) 285-54 R-3 Multiple Family Residential, Medium Density 1. Describe your application as proposed. The building is currently zoned as a 3-Family building. The project proposes re-instating a previously inhabited garden level unit to increase the total number of units to 4. In addition, the whole building will be renovated and brought back to working order. The current zoning code, 285-54, for R-3 Multiple Family Residential Buildings would require a single parking space be provided for each rehabbed unit, requiring 4 parking spaces that cannot be accommodated on the site. We are requesting a parking area variance to allow the project to move forward with no parking spaces provided. 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 will not create an undesirable change since the project does not require any exterior site work or change to the existing neighborhood infrastructure. Furthermore, this building, and most surrounding buildings, is already part of an urban center that promotes walkability and public transport over car parking convenience. The proposed additional garden level unit will be a one bedroom unit thus having a negligible impact on the surrounding parking volume. The building will be updated to include all new windows throughout - thus beautifying the surrounding neighborhood. 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 urban condition of the building and site does not allow for parking spaces to be provided on site. The rear yard provides much needed and valued green space and shading trees that would be a detriment to the neighborhood if removed. 4. Explain why you believe the proposed variance is not substantial. The proposed variance is not substantial since the current 3 family unit building already does not provide parking. The additional single bedroom unit would have a negligible impact on the surrounding parking load. 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 or impact on the physical or environmental conditions of the neighborhood because it proposes no change to the existing site and surroundings. The variance would actually have a positive effect on the environment by maintaining the limited urban green space and promoting more environmentally friendly behaviors like walking, biking and the use of public transport. 6. Explain why you believe the difficulty that requires the variance was not “self-created.” The difficulty requiring this variance was not "self-created" because of the already existing urban conditions of the building and site, being that this is a rehabilitation project, rather than a new construction project. 23 13TH STREET BUILDING RENOVATION GENERAL NOTES LOCATION: 23 13TH STREET TROY, NY 12180 TAX MAP: 101.71 LOT: 34 ZONING MAP: D6 ZONING DISTRICT: R3 OCCUPANCY: 4 RESIDENTIAL UNITS VARIANCE: PARKING SCOPE OF WORK: 1.RENOVATIONS TO EXISTING 4 UNIT BUILDING. NO CHANGE OF USE 53 3RD STREET OR EGRESS. TROY, NY 12180 2. RECONFIGURATION OF GARDEN LEVEL UNIT PER PLANS. 786.287.6222 4. NEW APPLIANCES, CABINETRY, PLUMBING FIXTURES THROUGHOUT. 5. REPLACE WINDOWS PER PLANS. 6. NEW ELECTRICAL WORK PER PLANS. 2-WAY TRAFFIC PARKING LOT NOT BELONGING TO MH 23 13TH STRET (VARIANCE APPLICANT) MAN HOLE 1-WAY TRAFFIC CATCH BASIN C H R IS TIE S T R E E T CATCH BASIN CB POWER POLE PROJECT LP / PP FH CB 23 13TH ST RENOVATION MASONRY WALL WATER VALVE PP 23 13TH STREET TROY, NY 12180 LIGHT POLE / POWER POLE GAS VALVE FIRE HYDRANT COURTYARD +/- 83' DISTANCE TO WV 3 STORY MASONRY BLDG ISSUED FOR 23 13TH STREET VARIANCE APPLICATION GV S T R E E T 1-WAY TRAFFIC A L L E Y 3 STORY MASONRY BLDG DATE: 03/07/2021 PL REVISION: 23 13TH STREET 3 STORY MASONRY BLDG 25' 1 3 T H WV AREA OF PROPOSED INTERIOR WORK 2 STORY MASONRY BLDG 100' PL DRAWING TITLE LED FLOOD LIGHTING PROPERTY LINE AT ENTRY SITE PLAN WATER VALVE PARKING LOT CONCRETE NOT BELONGING TO DRAWING NUMBER ON STREET PARKING SIDEWALK, TYP 23 13TH STRET AREA OF WORK, NO CHANGE S-100 LP LIGHT POLE (VARIANCE APPLICANT) N TO USE OR EGRESS 6" GRANITE CURB, TYP N SITE PLAN TAX MAP 1 Scale: 1" = 30'-0" 2 NOTE: THERE IS NO PROPOSED NEW WORK TO ANY EXTERIOR SITE CONDITIONS NTS COPYRIGHT 2021 GRACIELA M ONROY ARCHITECT PLLC. M AY NOT BE REPRODUCED WITHOUT W RITTEN PER MISSION. 23 13TH STREET 23 13TH STREET 53 3RD STREET TROY, NY 12180 786.287.6222 APPROACH FACING NORTH APPROACH FACING NORTH PARKING LOT NOT BELONGING TO 23 13TH STREET (VARIANCE APPLICANT) PROJECT 23 13TH ST RENOVATION 23 13TH STREET 23 13TH STREET TROY, NY 12180 ISSUED FOR VARIANCE APPLICATION NEAREST ACCESSIBLE DATE: 03/07/2021 FIRE HYDRANT REVISION: +/- 83' DISTANCE FROM 23 13TH STREET DRAWING TITLE SITE PLAN DRAWING NUMBER APPROACH FACING SOUTH S-101 COPYRIGHT 2021 GRACIELA M ONROY ARCHITECT PLLC. M AY NOT BE REPRODUCED WITHOUT W RITTEN PER MISSION.

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