BOARD OF ZONING APPEALS

AGENDA

Wednesday, January 13, 2010

5:30 PM

Common Council Chambers

Second Floor, City Hall

1. Case # 11-09, 1780

The case of Nicholas M. Borden regarding the premises located at 10 Orlando Avenue requesting a Use Variance pursuant to Sections 375-26 and 375-63A of the City of Albany Zoning Ordinance to allow for the change of use from a single-family dwelling to a two (2)-family dwelling, which is not a permitted use in the district. The property is located in an R-1B Single-Family? Medium-Density? Residential zoning district.

2. Case # 1-10, 1795

The case of Richard Franklin regarding the premises located at 179 Fairlawn Avenue requesting an Area Variance pursuant to Sections 375-26 and 375-63D of the City of Albany Zoning Ordinance to allow for the construction of a garage that exceeds the maximum permitted height of 16 feet for an accessory structure. The property is located in an R-1B Single-Family? Medium-Density? Residential zoning district.

3. Case # 1-10, 1796

The case of Desiree Leary regarding the premises located at 214 Clinton Avenue requesting a Use Variance pursuant to Sections 375-26 and 375-65A of the City of Albany Zoning Ordinance to allow for the establishment of four (4) dwelling units, which is not a permitted use in the district, in a vacant building. The property is located in an R-2B One- and Two-Family? Medium-Density? Residential zoning district.

4. Case # 1-10, 1797

The case of Samuel & Velma Peynado regarding the premises located at 183 Delaware Avenue requesting an Interpretation and Use Variance pursuant to Sections 375-25, 375-26 and 375-64A of the City of Albany Zoning Ordinance to determine if an existing three (3)-family dwelling is a legal nonconforming use or if determined otherwise, to permit such

use, which is not a permitted use in the district. The property is located in an R-2A One- and Two-Family? Residential zoning district.

5. Case # 1-10, 1798

The case of Jagannath Jagathalaprathaban regarding the premises located at 524 Hamilton Street requesting a Special Use Permit pursuant to Sections 375-27 and 375-65B of the City of Albany Zoning Ordinance to allow for the conversion of a single-family dwelling to a two (2)-family dwelling. The property is located in an R-2B One- and Two-Family? Medium-Density? Residential zoning district.

6. Case # 1-10, 1799

The case of Philip Stein & Christopher Soden d/b/a Pepper Jack’s, LLC regarding the premises located at 192 North Allen Street requesting a Special Use Permit pursuant to Sections 375-27, 375-71A and 375-71C of the City of Albany Zoning Ordinance to allow for the establishment of a take-out and delivery restaurant with hours of operation until 12AM. The property is located in a C-1 Neighborhood Commercial zoning district.

7. Case # 1-10, 1800

The case of Martin Doherty regarding the premises located at 290 Manning Boulevard requesting an Interpretation and Area Variance pursuant to Sections 375-25, 376-26 and 375-175 of the City of Albany Zoning Ordinance to determine if an existing parking area within the required front yard is a legal nonconforming situation or if determined otherwise, to permit the parking area, which is prohibited by 375-175. The property is located in an R-2A One- and Two-Family? Residential zoning district.

8. Case # 1-10, 1801

The case of Merit Plumbing & Heating, LLC regarding the premises located at 178-180 Catherine Street requesting an Area Variance and Parking Lot Permit pursuant to Sections 375-26, 375-75D and 375-174 of the City of Albany Zoning Ordinance to allow for a 7,314 square foot addition to an existing use that does not meet the minimum required rear yard setback of (20) feet for the district, and an eight (8)-space accessory parking lot. The property is located in a C-M Light Industrial zoning district.

9. Case # 1-10, 1802

The case of Faisal D. Nagi d/b/a IBB Food Mart regarding the premises located at 615 Clinton Avenue requesting a Special Use Permit pursuant to Sections 375-27 and 375-71C of the City of Albany Zoning Ordinance to allow for the addition of take-out food service to an existing gas station and food market. The property is located in a C-1 Neighborhood Commercial zoning district.

BZA PENDING CASES

Wednesday, January 13, 2010 Meeting

1. Case # 5-88, 515

The reapplication of Lawrence Sloman regarding the premises located at 484 Yates Street AKA 304 Ontario Street requesting an amendment to a conditionally approved Use Variance pursuant to Sections 375-23 and 375-26C of the City of Albany Zoning Ordinance that proposes the removal of a condition specific to the permitted means of ingress to an accessory parking lot. The property is located in an R-2A One- and Two-Family? Residential zoning district. AMENDED

2. Case # 4-09, 1693

The reapplication of Waste Management regarding the premises located at 100 Boat Street AKA Port of Albany requesting a Special Use Permit pursuant to Sections 375-27F and 375-76C of the City of Albany Zoning Ordinance to allow for the expansion of an existing Special Use Permit to add municipal solid waste to the types of waste currently authorized for acceptance at the facility. The property is located in an M-1 General Industrial zoning district.

3. Case # 8-09, 1746

The case of Albany Medical Center regarding the premises located at 43 AKA 137 New Scotland Avenue requesting a Special Use Permit and Area Variances pursuant to Sections 375-26, 375-27, 375-72D and 375-96 of the City of Albany Zoning Ordinance to allow for the construction of a six (6)-story, 325,000 square foot addition to an existing hospital that does not meet the minimum required front yard setback of twenty (20) feet and exceeds both the maximum lot coverage of 60% and maximum height of 85 feet for the district, and an elevated pedestrian walkway connecting the addition to an accessory parking garage at 40 New Scotland Avenue. The property is located in a C-O Commercial Office zoning district.

4. Case # 8-09, 1752

The case of Edgar & Glen Eggelhoefer regarding the premises located at 67 Lexington Avenue requesting a Use Variance and Area Variance pursuant to Sections 375-26, 375-64A and 375-179 of the City of Albany Zoning Ordinance to allow for the change of use to a parking lot for three (3) vehicles and a commercial storage trailer, which is not a permitted use in the district and does not provide a sufficient means of ingress / egress. The property is located in an R-2A One- and Two-Family? Residential zoning district.

5. Case # 10-09, 1768

The case of Ballingers Ltd. regarding the premises located at 42 Howard Street requesting a Special Use Permit pursuant to Sections 375-27 and 375-74C of the City of Albany Zoning Ordinance to allow for the establishment of a nightclub d/b/a Ballingers. The property is located in a C-3 Central Business zoning district.

6. Case # 11-09, 1771

The case of Allen Landon regarding the premises located at 69 Ten Broeck Street requesting a Use Variance pursuant to Sections 375-26 and 375-65A of the City of Albany Zoning Ordinance to allow the change of use from a four (4)-unit apartment building to a five (5)-unit apartment building, which is not a permitted use in the district. The property is located in an R-2B One and Two-Family? Medium-Density? Residential zoning district.

7. Case # 11-09, 1787

The case of Columbia 16 NS, LLC regarding the premises located at 96 Dana Avenue and 123 Morris Street requesting a Use Variance, Area Variance and Parking Lot Permit pursuant to Sections 375-26, 375-64A, 375-174 and 375-176 of the City of Albany Zoning Ordinance to allow for the expansion of a proposed temporary parking lot approved in Case #7-08, 1587 onto contiguous, adjacent properties, that does not meet the required ten (10)-foot setback from adjacent residential properties. The properties are located in an R-2A One- and Two-Family? Residential zoning district.

8. Case # 12-09, 1790

The case of Cusano Family Enterprises, LLC regarding the premises located at 458 Delaware Avenue requesting a Special Use Permit pursuant to Sections 375-27 and 375-71C of the City of Albany Zoning Ordinance to allow for the establishment of a take-out restaurant. The property is located in a C-1 Neighborhood Commercial zoning district.

9. Case # 12-09, 1791

The case of Harold B. Veeder regarding the premises located at 92 Shaker Road requesting a Use Variance pursuant to Sections 375-26 and 375-63A of the City of Albany Zoning Ordinance to allow for the change of use to a three (3)-family dwelling, which is not a permitted use in the district. The property is located in an R-1B One- and Two-Family? Medium-Density? Residential zoning district.

BOARD OF ZONING APPEALS

ACTIONS TAKEN

Wednesday, December 9, 2009

Members Present: Apostol; Moran; Tucker-Ross?; Viele

Case # 12-09, 1792

The case of Paul Gross and Faina Gross regarding the premises located at 43 Dove Street AKA 120 Chestnut Street requesting a Use Variance pursuant to Sections 375-26 and 375-66A of the City of Albany Zoning Ordinance to allow for the change of use from a six (6)-unit apartment building to a seven (7)-unit apartment building, which is not a permitted use in the district. The property is located in an R-2C One- and Two-Family? Row House Residential zoning district.

Denied

Vote: 4-0

Case # 12-09, 1793

The case of Albany Housing Authority regarding the premises located at 99, 101 and 103 Broad Street, 33, 35 and 37 Catherine Street, 99 and 105 Clinton Street and 16, 26, 30, 64, 86 AKA 84 and 90 Morton Avenue requesting Use Variances pursuant to Sections 375-26 and 375-68A of the City of Albany Zoning Ordinance to allow for the rehabilitation of two (2) vacant three (3)-family dwellings and the construction of a single, new three (3)-family dwelling, which are not permitted uses in the district, and Area Variances pursuant to Sections 375-26, 375-68D, 375-132 and 375-181 to allow for the construction of six (6) single-family dwellings, a two (2)-family dwelling, a three (3)-family dwelling, two (2) six (6)-unit apartment buildings and a nine (9)-unit apartment building that do not conform to the yard requirements and/or parking requirements for the district. The properties are located in an R-3B Multifamily Medium-Density? Residential zoning district.

Approved w/Conditions

Vote: 4-0 CONDITIONS

• The applicant shall obtain the required Certificates of Appropriateness from the Historic Resources Commission.

• The applicant shall obtain the required Site Plan Approvals from the City Planning Board.

Case # 12-09, 1794

The case of 17 Chapel, LLC regarding the premises located at 17 Chapel Street requesting an Area Variance pursuant to Section 307-12 of the City of Albany Sign Ordinance to allow for the provision of a temporary wall sign that extends above the second floor of the building. The property is located in a C-3 Central Business zoning district.

Approved w/Conditions

Vote: 4-0 CONDITIONS

• The sign shall be permitted on a temporary basis for a period not longer than six (6) months, at which time the applicant shall be required to obtain an extension, if desired, from this Board.

PENDING CASES

Case # 11-09, 1777

The case of Serap Konur regarding the premises located at 271 West Lawrence Street requesting a Use Variance pursuant to Sections 375-26 and 375-64A of the City of Albany Zoning Ordinance to allow for the change of use from a two (2)-family dwelling to a three (3)-family dwelling, which is not a permitted use in the district. The property is located in an R-2A One- and Two-Family? Residential zoning district.

Denied

Vote: 4-0

Case # 11-09, 1778

The case of Mitchell Gelman regarding the premises located at 223 Western Avenue requesting a Use Variance pursuant to Sections 375-26 and 375-64A of the City of Albany Zoning Ordinance to allow for the change of use from a two (2)-family dwelling to a three (3)-family dwelling, which is not a permitted use in the district. The property is located in an R-2B One- and Two-Family? Medium-Density? Residential zoning district.

Denied

Vote: 4-0

Case # 11-09, 1781

The case of Tony D’Adamo? on behalf of Nagi Nasr regarding the premises located at 471 Clinton Avenue requesting a Use Variance pursuant to Sections 375-26 and 375-65A of the City of Albany Zoning Ordinance to allow for the establishment of a retail beauty supply store in a vacant structure. The property is located in an R-2B One- and Two-Family? Medium-Density? Residential zoning district.

Approved w/Conditions

Vote: 4-0 CONDITIONS

• The approval shall be temporary for a period of one (1) year, at which point the Board will reconvene and evaluate the operation of the use. The Board will hold a public hearing and may request the applicant’s attendance at this hearing. The Board shall retain the right to hold subsequent reviews of the use and its operation if it is compelled to do so by evidence of adverse impacts of the use.

• Products sold at the establishment shall be limited to beauty supply and related products only. The sale of additional retail items and/or food service is prohibited.

• The applicant shall ensure that any outstanding environmental issues are resolved prior to occupancy.

• The applicant shall receive a Certificate of Appropriateness from the Historic Resources Commission.

Case # 11-09, 1782

The case of Stanley Adelman regarding the premises located at 48 Eileen Street requesting an Area Variance pursuant to Sections 375-26 and 375-63D of the City of Albany Zoning Ordinance to allow for the addition of a carport that does not meet the minimum side yard setback of eight (8) feet for the district. The property is located in an R-1B Single-Family? Medium-Density? Residential zoning district.

Approved w/Conditions

Vote: 4-0 CONDITIONS

• The proposed carport addition shall adhere to guidelines for the Traditional Neighborhood Design Overlay District, as specified in 375-45.

Case # 11-09, 1783

The case of Mina Agaibi regarding the premises located at 136 North Allen Street requesting a Special Use Permit pursuant to Sections 375-27 and 375-71C of the City of Albany Zoning Ordinance to allow for the addition of take-out food service to an existing grocery store d/b/a Ralph Deli Grocery. The property is located in a C-1 Neighborhood Commercial zoning district.

Approved w/Conditions

Vote: 4-0 CONDITIONS

• The property shall adhere to C-1 District Design Guidelines for all exterior work.

• The applicant shall meet or exceed the applicable building code requirements for the proposed use. Any required venting shall be directed away from adjacent properties and be as visibly inconspicuous as possible.

• There shall be mandatory daily trash cleanup of the property’s exterior grounds, the adjacent public right-of-way and any other affected areas.

Case # 11-09, 1784

The case of Marcus F. Buckley on behalf of the College of Saint Rose regarding the premises located at 334 Ontario Street requesting an Interpretation and Use Variance or Special Use Permit pursuant to Sections 375-7, 375-25, 375-27, 375-64A and 375-64C of the City of Albany Zoning Ordinance to determine if the proposed records and furniture storage facility for a college requires a Use Variance or a Special Use Permit, and to permit the use accordingly. The property is located in an R-2A One- and Two-Family? Residential zoning district.

Interpretation

Favorable (SUP required): 4-0

Approved w/Conditions

Vote: 4-0 CONDITIONS

• The property shall adhere to C-1 District Design Guidelines, as per 375-46B(1). The applicant shall submit a design elevation for façade redesign and plans for signage to the City Planning Department for review and approval.

Case # 11-09, 1785

The case of Marcus F. Buckley on behalf of the College of Saint Rose regarding the premises located at 334 Ontario Street requesting an Interpretation and Use Variance or Special Use Permit pursuant to Sections 375-7, 375-25, 375-27, 375-64A and 375-64C of the City of Albany Zoning Ordinance to determine if the proposed records and furniture storage facility for a college requires a Use Variance or a Special Use Permit, and to permit the use accordingly. The property is located in an R-2A One- and Two-Family? Residential zoning district.

Interpretation

Favorable (SUP required): 4-0

Approved w/Conditions

Vote: 4-0 CONDITIONS

• The property shall adhere to C-1 District Design Guidelines, as per 375-46B(1).

Case # 11-09, 1789

The case of Rehabilitation Support Services, Inc. regarding the premises located at 306 AKA 308 Central Avenue requesting an Interpretation pursuant to Sections 375-7, 375-25 and 375-73B of the City of Albany Zoning Ordinance that a proposed day-care facility be permitted as an accessory use. The property is located in a C-3 Central Business zoning district.

Interpretation

Favorable: 4-0

BZA PENDING CASES

Wednesday, December 9, 2009 Meeting

1. Case # 4-09, 1693

The reapplication of Waste Management regarding the premises located at 100 Boat Street AKA Port of Albany requesting a Special Use Permit pursuant to Sections 375-27F and 375-76C of the City of Albany Zoning Ordinance to allow for the expansion of an existing Special Use Permit to add municipal solid waste to the types of waste currently authorized for acceptance at the facility. The property is located in an M-1 General Industrial zoning district.

2. Case # 8-09, 1746

The case of Albany Medical Center regarding the premises located at 43 AKA 137 New Scotland Avenue requesting a Special Use Permit and Area Variances pursuant to Sections 375-26, 375-27, 375-72D and 375-96 of the City of Albany Zoning Ordinance to allow for the construction of a six (6)-story, 325,000 square foot addition to an existing hospital that does not meet the minimum required front yard setback of twenty (20) feet and exceeds both the maximum lot coverage of 60% and maximum height of 85 feet for the district, and an elevated pedestrian walkway connecting the addition to an accessory parking garage at 40 New Scotland Avenue. The property is located in a C-O Commercial Office zoning district.

3. Case # 8-09, 1752

The case of Edgar & Glen Eggelhoefer regarding the premises located at 67 Lexington Avenue requesting a Use Variance and Area Variance pursuant to Sections 375-26, 375-64A and 375-179 of the City of Albany Zoning Ordinance to allow for the change of use to a parking lot for three (3) vehicles and a commercial storage trailer, which is not a permitted use in the district and does not provide a sufficient means of ingress / egress. The property is located in an R-2A One- and Two-Family? Residential zoning district.

4. Case # 10-09, 1768

The case of Ballingers Ltd. regarding the premises located at 42 Howard Street requesting a Special Use Permit pursuant to Sections 375-27 and 375-74C of the City of Albany Zoning Ordinance to allow for the establishment of a nightclub d/b/a Ballingers. The property is located in a C-3 Central Business zoning district.

5. Case # 11-09, 1771

The case of Allen Landon regarding the premises located at 69 Ten Broeck Street requesting a Use Variance pursuant to Sections 375-26 and 375-65A of the City of Albany Zoning Ordinance to allow the change of use from a four (4)-unit apartment building to a five (5)-unit apartment building, which is not a permitted use in the district. The property is located in an R-2B One and Two-Family? Medium-Density? Residential zoning district.

6. Case # 11-09, 1777

The case of Serap Konur regarding the premises located at 271 West Lawrence Street requesting a Use Variance pursuant to Sections 375-26 and 375-64A of the City of Albany Zoning Ordinance to allow for the change of use from a two (2)-family dwelling to a three (3)-family dwelling, which is not a permitted use in the district. The property is located in an R-2A One- and Two-Family? Residential zoning district.

7. Case # 11-09, 1778

The case of Mitchell Gelman regarding the premises located at 223 Western Avenue requesting a Use Variance pursuant to Sections 375-26 and 375-64A of the City of Albany Zoning Ordinance to allow for the change of use from a two (2)-family dwelling to a three (3)-family dwelling, which is not a permitted use in the district. The property is located in an R-2B One- and Two-Family? Medium-Density? Residential zoning district.

8. Case # 11-09, 1781

The case of Tony D’Adamo? on behalf of Nagi Nasr regarding the premises located at 471 Clinton Avenue requesting a Use Variance pursuant to Sections 375-26 and 375-65A of the City of Albany Zoning Ordinance to allow for the establishment of a retail beauty supply store in a vacant structure. The property is located in an R-2B One- and Two-Family? Medium-Density? Residential zoning district.

9. Case # 11-09, 1782

The case of Stanley Adelman regarding the premises located at 48 Eileen Street requesting an Area Variance pursuant to Sections 375-26 and 375-63D of the City of Albany Zoning Ordinance to allow for the addition of a carport that does not meet the minimum side yard setback of eight (8) feet for the district. The property is located in an R-1B Single-Family? Medium-Density? Residential zoning district.

10. Case # 11-09, 1783

The case of Mina Agaibi regarding the premises located at 136 North Allen Street requesting a Special Use Permit pursuant to Sections 375-27 and 375-71C of the City of Albany Zoning Ordinance to allow for the addition of take-out food service to an existing grocery store d/b/a Ralph Deli Grocery. The property is located in a C-1 Neighborhood Commercial zoning district.

11. Case # 11-09, 1784

The case of Marcus F. Buckley on behalf of the College of Saint Rose regarding the premises located at 334 Ontario Street requesting an Interpretation and Use Variance or Special Use Permit pursuant to Sections 375-7, 375-25, 375-27, 375-64A and 375-64C of the City of Albany Zoning Ordinance to determine if the proposed records and furniture storage facility for a college requires a Use Variance or a Special Use Permit, and to permit the use accordingly. The property is located in an R-2A One- and Two-Family? Residential zoning district.

12. Case # 11-09, 1785

The case of Marcus F. Buckley on behalf of the College of Saint Rose regarding the premises located at 556 Yates Street AKA Rear 571 Morris Street requesting an Interpretation and Use Variance or Special Use Permit pursuant to Sections 375-7, 375-25, 375-27 375-64A and 375-64C of the City of Albany Zoning Ordinance to determine if the proposed facilities shop and storage space for a college requires a Use Variance or a Special Use Permit, and to permit the use accordingly. The property is located in an R-2A One- and Two-Family? Residential zoning district.

13. Case # 11-09, 1787

The case of Columbia 16 NS, LLC regarding the premises located at 96 Dana Avenue and 123 Morris Street requesting a Use Variance, Area Variance and Parking Lot Permit pursuant to Sections 375-26, 375-64A, 375-174 and 375-176 of the City of Albany Zoning Ordinance to allow for the expansion of a proposed temporary parking lot approved in Case #7-08, 1587 onto contiguous, adjacent properties, that does not meet the required ten (10)-foot setback from adjacent residential properties. The properties are located in an R-2A One- and Two-Family? Residential zoning district.

14. Case # 11-09, 1789

The case of Rehabilitation Support Services, Inc. regarding the premises located at 306 AKA 308 Central Avenue requesting an Interpretation pursuant to Sections 375-7, 375-25 and 375-73B of the City of Albany Zoning Ordinance that a proposed day-care facility be permitted as an accessory use. The property is located in a C-3 Central Business zoning district.

BOARD OF ZONING APPEALS

ACTIONS TAKEN

Monday, November 23, 2009

Members Present: Apostol; Cronin; Moran; O’Connor?; Ray; Tucker-Ross?; Viele



Case # 11-09, 1786

The case of Albany Housing Authority regarding the premises located at 42 North Swan Street requesting a Special Use Permit pursuant to Sections 375-27 and 375-71C of the City of Albany Zoning Ordinance to allow for the establishment of an office in a commercial storefront. The property is located in a C-1 Neighborhood Commercial zoning district.

Approved w/Conditions

Vote: 7-0 CONDITIONS

• The property shall adhere to C-1 District Design Guidelines for all exterior work.



Case # 11-09, 1788

The case of Pashko, Inc. d/b/a Pasquale’s regarding the premises located at 261 New Scotland Avenue requesting a Special Use Permit pursuant to Sections 375-27 and 375-71C of the City of Albany Zoning Ordinance to allow for the change of use from a restaurant to a restaurant serving alcohol. The property is located in a C-1 Neighborhood Commercial zoning district.

Approved w/Conditions

Vote: 7-0 CONDITIONS

• There shall be no substantial change in service or physical alteration to the premise that directly or indirectly relates to the provision of alcohol beverage.

• Alcoholic beverage shall be served via table service only and shall be subordinate to the provision of food service at the establishment.



PENDING CASES

Case # 11-09, 1772

The case of Saiyd Abdo Alsalmi regarding the premises located at 1215 Broadway requesting a Special Use Permit pursuant to Sections 375-27 and 375-71C of the City of Albany Zoning Ordinance to allow for the establishment of a grocery store. The property is located in a C-1 Neighborhood Commercial zoning district.

Denied

Vote: 7-0



Case # 11-09, 1773

The case of Solveig J. Hughes regarding the premises located at 789 Western Avenue requesting an Interpretation and Use Variance pursuant to Sections 375-25C, 375-26 and 375-63A of the City of Albany Zoning Ordinance to determine if an existing two (2)-family dwelling is a legal nonconforming use or if determined otherwise, to permit such use, which is not a permitted use in the district. The property is located in an R-1B Single-Family? Medium-Density? Residential zoning district.

Interpretation (Favorable)

Vote: 7-0

The following public hearing has been rescheduled to 1/13/09:



Case # 11-09, 1780

The case of Nicholas M. Borden regarding the premises located at 10 Orlando Avenue requesting a Use Variance pursuant to Sections 375-26 and 375-63A of the City of Albany Zoning Ordinance to allow for the change of use from a single-family dwelling to a two (2)-family dwelling, which is not a permitted use in the district. The property is located in an R-1B Single-Family? Medium-Density? Residential zoning district. RESCHEDULED TO 1/13/09



The text of the following agenda item has been revised:



Case # 12-09, 1793

The case of Albany Housing Authority regarding the premises located at 99, 101 and 103 Broad Street, 33, 35 and 37 Catherine Street, 99 and 105 Clinton Street and 16, 26, 30, 64, 86 AKA 84 and 90 Morton Avenue requesting Use Variances pursuant to Sections 375-26 and 375-68A of the City of Albany Zoning Ordinance to allow for the rehabilitation of two (2) vacant three (3)-family dwellings, which are not permitted uses in the district, and Area Variances pursuant to Sections 375-26, 375-68D, 375-132 and 375-181 to allow for the construction of six (6) single-family dwellings, a two (2)-family dwelling, a three (3)-family dwelling, two (2) six (6)-unit apartment buildings and a nine (9)-unit apartment building that do not conform to the yard requirements and/or parking requirements for the district. The properties are located in an R-3B Multifamily Medium-Density? Residential zoning district.

BOARD OF ZONING APPEALS

AGENDA

Wednesday, December 9, 2009

5:30 PM

Common Council Chambers

Second Floor, City Hall

1. Case # 12-09, 1790

The case of Cusano Family Enterprises, LLC regarding the premises located at 458 Delaware Avenue requesting a Special Use Permit pursuant to Sections 375-27 and 375-71C of the City of Albany Zoning Ordinance to allow for the establishment of a take-out restaurant. The property is located in a C-1 Neighborhood Commercial zoning district.

2. Case # 12-09, 1791

The case of Harold B. Veeder regarding the premises located at 92 Shaker Road requesting a Use Variance pursuant to Sections 375-26 and 375-63A of the City of Albany Zoning Ordinance to allow for the change of use to a three (3)-family dwelling, which is not a permitted use in the district. The property is located in an R-1B One- and Two-Family? Medium-Density? Residential zoning district.

3. Case # 12-09, 1792

The case of Paul Gross and Faina Gross regarding the premises located at 43 Dove Street AKA 120 Chestnut Street requesting a Use Variance pursuant to Sections 375-26 and 375-66A of the City of Albany Zoning Ordinance to allow for the change of use from a six (6)-unit apartment building to a seven (7)-unit apartment building, which is not a permitted use in the district. The property is located in an R-2C One- and Two-Family? Row House Residential zoning district.

4. Case # 12-09, 1793

The case of Albany Housing Authority regarding the premises located at 99-103 Broad Street, 31-33, 35 and 37 Catherine Street, 99 and 105 Clinton Street and 16, 26-28, 30-32 64, 86 AKA 84 and 90-92 Morton Avenue requesting Use Variances and Area Variances pursuant to Sections 375-26, 375-68A, 375-68D, 375-132, 375-135 and 375-181 of the City of Albany Zoning Ordinance to allow for the construction of six (6) single-family

dwellings, one (1) two-family dwelling, one (1) three-family dwelling, two (2) six-unit apartment buildings and one (1) nine-unit apartment building, and the rehabilitation of two (2) three-family dwellings, which are not permitted uses and/or do not conform to the yard requirements, parking requirements or restrictions on the number of building per lot for the district. The properties are located in an R-3B Multifamily Medium-Density? Residential zoning district.

5. Case # 12-09, 1794

The case of 17 Chapel, LLC regarding the premises located at 17 Chapel Street requesting an Area Variance pursuant to Section 307-12 of the City of Albany Sign Ordinance to allow for the provision of a temporary wall sign that extends above the second floor of the building. The property is located in a C-3 Central Business zoning district.

BZA PENDING CASES

Monday, November 23, 2009 Meeting

1. Case # 4-09, 1693

The reapplication of Waste Management regarding the premises located at 100 Boat Street AKA Port of Albany requesting a Special Use Permit pursuant to Sections 375-27F and 375-76C of the City of Albany Zoning Ordinance to allow for the expansion of an existing Special Use Permit to add municipal solid waste to the types of waste currently authorized for acceptance at the facility. The property is located in an M-1 General Industrial zoning district.

2. Case # 8-09, 1746

The case of Albany Medical Center regarding the premises located at 43 AKA 137 New Scotland Avenue requesting a Special Use Permit and Area Variances pursuant to Sections 375-26, 375-27, 375-72D and 375-96 of the City of Albany Zoning Ordinance to allow for the construction of a six (6)-story, 325,000 square foot addition to an existing hospital that does not meet the minimum required front yard setback of twenty (20) feet and exceeds both the maximum lot coverage of 60% and maximum height of 85 feet for the district, and an elevated pedestrian walkway connecting the addition to an accessory parking garage at 40 New Scotland Avenue. The property is located in a C-O Commercial Office zoning district.

3. Case # 8-09, 1752

The case of Edgar & Glen Eggelhoefer regarding the premises located at 67 Lexington Avenue requesting a Use Variance and Area Variance pursuant to Sections 375-26, 375-64A and 375-179 of the City of Albany Zoning Ordinance to allow for the change of use to a parking lot for three (3) vehicles and a commercial storage trailer, which is not a permitted use in the district and does not provide a sufficient means of ingress / egress. The property is located in an R-2A One- and Two-Family? Residential zoning district.

4. Case # 10-09, 1768

The case of Ballingers Ltd. regarding the premises located at 42 Howard Street requesting a Special Use Permit pursuant to Sections 375-27 and 375-74C of the City of Albany Zoning Ordinance to allow for the establishment of a nightclub d/b/a Ballingers. The property is located in a C-3 Central Business zoning district.

5. Case # 11-09, 1771

The case of Allen Landon regarding the premises located at 69 Ten Broeck Street requesting a Use Variance pursuant to Sections 375-26 and 375-65A of the City of Albany Zoning Ordinance to allow the change of use from a four (4)-unit apartment building to a five (5)-unit apartment building, which is not a permitted use in the district. The property is located in an R-2B One and Two-Family? Medium-Density? Residential zoning district.

6. Case # 11-09, 1772

The case of Saiyd Abdo Alsalmi regarding the premises located at 1215 Broadway requesting a Special Use Permit pursuant to Sections 375-27 and 375-71C of the City of Albany Zoning Ordinance to allow for the establishment of a grocery store. The property is located in a C-1 Neighborhood Commercial zoning district.

7. Case # 11-09, 1773

The case of Solveig J. Hughes regarding the premises located at 789 Western Avenue requesting an Interpretation and Use Variance pursuant to Sections 375-25C, 375-26 and 375-63A of the City of Albany Zoning Ordinance to determine if an existing two (2)-family dwelling is a legal nonconforming use or if determined otherwise, to permit such use, which is not a permitted use in the district. The property is located in an R-1B Single-Family? Medium-Density? Residential zoning district.

8. Case # 11-09, 1777

The case of Serap Konur regarding the premises located at 271 West Lawrence Street requesting a Use Variance pursuant to Sections 375-26 and 375-64A of the City of Albany Zoning Ordinance to allow for the change of use from a two (2)-family dwelling to a three (3)-family dwelling, which is not a permitted use in the district. The property is located in an R-2A One- and Two-Family? Residential zoning district.

9. Case # 11-09, 1778

The case of Mitchell Gelman regarding the premises located at 223 Western Avenue requesting a Use Variance pursuant to Sections 375-26 and 375-64A of the City of Albany Zoning Ordinance to allow for the change of use from a two (2)-family dwelling to a three (3)-family dwelling, which is not a permitted use in the district. The property is located in an R-2B One- and Two-Family? Medium-Density? Residential zoning district.

BOARD OF ZONING APPEALS

ACTIONS TAKEN

Wednesday, October 14, 2009

Members Present: Apostol; Cronin; Moran; O’Connor?; Ray; Tucker-Ross?; Viele

Case # 11-09, 1770

The case of John O’Neil? regarding the premises located at 2 Marion Avenue requesting an Area Variance pursuant to Sections 375-26 and 375-98B of the City of Albany Zoning Ordinance to allow for the provision of an eight (8)-foot fence along the side and rear lot lines, which exceeds the maximum permitted height of six (6) feet for fences in yards without street frontage. The property is located in an R-1B Single-Family? Medium-Density? Residential zoning district.

Approved

Vote: 7-0

Case # 11-09, 1775

The case of Teresian House Housing Corp. regarding the premises located at 30 Columbia Circle requesting a Parking Lot Permit pursuant to Section 375-174 of the City of Albany Zoning Ordinance to allow for the construction of a 66-space parking lot as accessory to a proposed 44-unit senior living residence. The property is located in an R-4 Multifamily Medium-Density? Residential zoning district.

Approved

Vote: 7-0

Case # 11-09, 1776

The case of Turner Engineering on behalf of Time Warner Capital News 9 regarding the premises located at 104 Watervliet Avenue requesting an Area Variance pursuant to Sections 375-26 and 375-73D of the City of Albany Zoning Ordinance to allow for the construction of a 590 square foot addition to an existing 36,497 square foot structure that does not meet the minimum required rear yard setback of thirty (30) feet. The property is located in a C-2 Highway Commercial zoning district.

Approved

Vote: 7-0

PENDING CASES

Case # 4-09, 1686

The reapplication of Robert Gibson regarding the premises located at 420 AKA 418 and 418A Third Street requesting an amendment to a conditionally approved Use Variance pursuant to Sections 375-23, 375-26 and 375-64A that proposes the removal of conditions relative to the required physical improvement of an auto storage lot and the required subdivision of the premise to compliment the restoration of a vacant residential structure. The property is located in an R-2A One- and Two-Family? Residential zoning district.

Approved

Vote: 7-0

Case # 4-09, 1687

The reapplication of Robert Gibson regarding the premises located at 422, 426 and 428 Third Street requesting an amendment to an Interpretation pursuant to Sections 375-23, 375-25 and 375-90 relative to the specificities of the permitted nonconforming use. The property is located in an R-2A One- and Two-Family? Residential zoning district.

Approved

Vote: 7-0

Case # 10-09, 1769

The case of Salah Osman regarding the premises located at 25 Lark Street requesting a Use Variance pursuant to Sections 375-26 and 375-64A of the City of Albany Zoning Ordinance to allow for the establishment of a hair and beauty retail supply store in a vacant storefront. The property is located in an R-2A One- and Two-Family? Residential zoning district.

Denied

Vote: 7-0

OTHER BUSINESS

1. Case # 4-09, 1693

Declaration of Intent to act as SEQRA Lead Agency for the reapplication of the case of Waste Management regarding the premises located at 100 Boat Street AKA Port of Albany requesting a Special Use Permit to allow for the expansion of an existing Special Use Permit to include municipal solid waste to the types of waste currently authorized for acceptance at the facility.

Motion Carried

Vote: 7-0

BOARD OF ZONING APPEALS

AGENDA

Monday, November 23, 2009

5:30 PM

Common Council Chambers

Second Floor, City Hall

1. Case # 11-09, 1780

The case of Nicholas M. Borden regarding the premises located at 10 Orlando Avenue requesting a Use Variance pursuant to Sections 375-26 and 375-63A of the City of Albany Zoning Ordinance to allow for the change of use from a single-family dwelling to a two (2)-family dwelling, which is not a permitted use in the district. The property is located in an R-1B Single-Family? Medium-Density? Residential zoning district.

2. Case # 11-09, 1781

The case of Tony D’Adamo? on behalf of Nagi Nasr regarding the premises located at 471 Clinton Avenue requesting a Use Variance pursuant to Sections 375-26 and 375-65A of the City of Albany Zoning Ordinance to allow for the establishment of a retail beauty supply store in a vacant structure. The property is located in an R-2B One- and Two-Family? Medium-Density? Residential zoning district.

3. Case # 11-09, 1782

The case of Stanley Adelman regarding the premises located at 48 Eileen Street requesting an Area Variance pursuant to Sections 375-26 and 375-63D of the City of Albany Zoning Ordinance to allow for the addition of a carport that does not meet the minimum side yard setback of eight (8) feet for the district. The property is located in an R-1B Single-Family? Medium-Density? Residential zoning district.

4. Case # 11-09, 1783

The case of Mina Agaibi regarding the premises located at 136 North Allen Street requesting a Special Use Permit pursuant to Sections 375-27 and 375-71C of the City of Albany Zoning Ordinance to allow for the addition of take-out food service to an existing grocery store d/b/a Ralph Deli Grocery. The property is located in a C-1 Neighborhood Commercial zoning district.

5. Case # 11-09, 1784

The case of Marcus F. Buckley on behalf of the College of Saint Rose regarding the premises located at 334 Ontario Street requesting an Interpretation and Use Variance or Special Use Permit pursuant to Sections 375-7, 375-25, 375-27, 375-64A and 375-64C of the City of Albany Zoning Ordinance to determine if the proposed records and furniture storage facility for a college requires a Use Variance or a Special Use Permit, and to permit the use accordingly. The property is located in an R-2A One- and Two-Family? Residential zoning district.

6. Case # 11-09, 1785

The case of Marcus F. Buckley on behalf of the College of Saint Rose regarding the premises located at 556 Yates Street AKA Rear 571 Morris Street requesting an Interpretation and Use Variance or Special Use Permit pursuant to Sections 375-7, 375-25, 375-27 375-64A and 375-64C of the City of Albany Zoning Ordinance to determine if the proposed facilities shop and storage space for a college requires a Use Variance or a Special Use Permit, and to permit the use accordingly. The property is located in an R-2A One- and Two-Family? Residential zoning district.

7. Case # 11-09, 1786

The case of Albany Housing Authority regarding the premises located at 42 North Swan Street requesting a Special Use Permit pursuant to Sections 375-27 and 375-71C of the City of Albany Zoning Ordinance to allow for the establishment of an office in a commercial storefront. The property is located in a C-1 Neighborhood Commercial zoning district.

8. Case # 11-09, 1787

The case of Columbia 16 NS, LLC regarding the premises located at 96 Dana Avenue and 123 Morris Street requesting a Use Variance, Area Variance and Parking Lot Permit pursuant to Sections 375-26, 375-64A, 375-174 and 375-176 of the City of Albany Zoning Ordinance to allow for the expansion of a proposed temporary parking lot approved in Case #7-08, 1587 onto contiguous, adjacent properties, that does not meet the required ten (10)-foot setback from adjacent residential properties. The properties are located in an R-2A One- and Two-Family? Residential zoning district.

9. Case # 11-09, 1788

The case of Pashko, Inc. d/b/a Pasquale’s regarding the premises located at 261 New Scotland Avenue requesting a Special Use Permit pursuant to Sections 375-27 and 375-71C of the City of Albany Zoning Ordinance to allow for the change of use from a restaurant to a restaurant serving alcohol. The property is located in a C-1 Neighborhood Commercial zoning district.

10. Case # 11-09, 1789

The case of Rehabilitation Support Services, Inc. regarding the premises located at 306 AKA 308 Central Avenue requesting an Interpretation pursuant to Sections 375-7, 375-25 and 375-73B of the City of Albany Zoning Ordinance that a proposed day-care facility be permitted as an accessory use. The property is located in a C-3 Central Business zoning district.