George E. Primeau Sr.
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Cohoes, NY 12047

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MINUTES OF THE COHOES ZONING BOARD OF APPEALS HELD IN THE COMMON COUNCIL CHAMBERS OF COHOES CITY HALL ON WEDNESDAY, JANUARY 23, 2008

 

MEMBERS PRESENT:      Mr. Arthur Roberts, Chairman

                                                Mr. John Hughes, Vice-Chairman

                                                Mr. Francis Houle

                                                Mr. Mark Cotch

 

MEMBERS ABSENT         Ms. Jerilee Beaudoin

 

ALSO PRESENT:                Ms. Melissa Ashline-Heil, City Planner

                                                Mr. Edward Tremblay, Community Development Officer

                                                Ms. Carol Shufelt, Recording Secretary

                                               

CONSIDERATION OF THE MINUTES FROM DECEMBER 19, 2007.

 

            Chairman Roberts called the meeting to order at 6:30 p.m. Chairman asked the recording secretary to take attendance.  Member Hughes made a motion to table the minutes of March 26, 2007.  Member Houle seconded the motion, roll of call was taken and the motion passed unanimously.

 

                                                YES                NO

Arthur Roberts                     X

John Hughes                         X

Francis Houle                       X

Mark Cotch                           X

 

            Chairman Roberts outlined the manner in which the meeting would be conducted.  Each proposal would be read and then those in favor of the proposal would speak first and those in opposition second, followed by a rebuttal period.  Portion will be closed to public discussion and the Board would make their decision.  He cautioned that all who wished to speak must stick to the issues pertaining to the proposals.

 

CONSIDERATION OF A USE VARIANCE FOR 8 CONDOMINIUMS AT EAGLE NEST, SUBMITTED BY JAMES KRUG

 

PROPOSAL

 

            Mr. James Krug proposes to construct two additional structures containing 4 units each on a landlocked parcel behind his approved PDD on James Street. The proposal is located in an R-2 Residential District.  The complete plans include creating a street maintained and owned by the Eagle Nest Home Association.

ZONING REQUIREMENTS

 

            According to Section 285-148 of the Cohoes Code, the R-1 zoning district prohibits multi family housing.

 

CONSIDERATIONS

 

           

            A use variance shall not be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:

1.      The applicant cannot realize a reasonable return, provided that lack of return is substantial, as demonstrated by competent financial evidence;

2.      That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;

3.      That the requested use variance, if granted, will not alter the essential character of the neighborhood; and

4.      That the alleged hardship has not been self-created.

 

Chairman Roberts asked if there were anyone present who would like to speak in favor of the proposal.  Mr. Joe Bianchini of ABD Engineering gave a brief overview of the project.  He indicated that the applicant did not create the hardship, nor will the proposal alter the character of the neighborhood since it is adjacent to the approved PDD on James Street.  Finally, Mr. Bianchini showed the board that the land’s unique topography makes it unsuitable for any other development than that adjacent to Mr. Krug’s PDD.  Steep slopes and grading pass east to west through the north side thereby preventing road access from the north side.  Along this edge the stormwater for area homes flows toward the existing City storm sewers.  On the far east border, a stream and more steep ravines prohibit access.  On the south side the parcel abuts City land flanked by single family homes.  Mr. Krug’s lot has clear access to the small portion of buildable land on the parcel.

 

Chairman Roberts asked those in opposition to speak.  There was no one to speak in opposition.

 

Member Hughes asked if the PDD was approved.  It is approved by the Common Council and Planning Board.  Mr. Krug began grading the land.

 

            Member Hughes made a motion to approve Resolution #6 as per plans submitted.  The motion was seconded by Member Houle.  Roll of call was taken and the motion passed unanimously.

 

                                                YES                NO

Arthur Roberts                     X

John Hughes                         X

Francis Houle                       X

Mark Cotch                           X

 

Member Hughes made a motion to adjourn at 7:00PM seconded by Member Houle.






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