Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, SEPTEMBER 9, 2013 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:03 P. M. PRESENT: Bill Moore, Chairman, Adam McNeill, Secretary; Gary Hasbrouck; Skip Carlson; Shirley Poppel, Oksana Ludd ABSENT: Keith Kaplan, Vice Chairman STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Assistant City Attorney – left at 9:00 P.M. SALUTE TO THE FLAG ANNOUNCEMENT OF RECORDING OF PROCEEDING: The proceedings of this meeting are being recorded for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript of the recording. ANNOUNCEMENT OF ADJOURNED PROJECTS: 8. #2714 ANW HOLDINGS, INC. 27 Jumel Place, area variance for a proposed seven-unit condominium project; seeking relief from the minimum lot size and average lot width, maximum principal building coverage and minimum front and rear yard setback requirements in the Urban Residential-3 District. Adjourned to September 23, 2013. NEW BUSINESS: 1. #2708 CELLCO/VERIZON WIRELESS, 2202 Route 50 South, consideration of Coordinated SEQR Review for a new telecommunications facility in the Highway General Business District. SEQRA: This action appears to be an Unlisted Action. The Board discussed requesting seeking Lead Agency status from the other involved agencies. Bill Moore, Chairman made a motion to seek Lead Agency Status for the Cellco/Verizon Wireless Application. Adam McNeill seconded the motion. VOTE: Bill Moore, Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor; MOTION PASSES: 6-0 2. #2707 CELLCO/VERIZON WIRELESS, 35B Nelson Avenue (Saratoga Gaming and Raceway), use variance for a new telecommunications facility in the Institutional Horse Track Related District. RECUSAL: Skip Carlson recused himself from this application. SEQRA: The Planning Board issued a Negative SEQRA Declaration on July 25, 2013. ZBA deferred Lead Agency Status to the Planning Board on June 10, 2013. DRC deferred Lead Agency status to the Planning Board on June 5, 2013. The action was classified as a Type I action "any Unlisted action occurring wholly or partially within, or substantially contiguous to, any historic building, structure, facility, site or within or substantially contiguous to, any historic building, structure, facility site or district or prehistoric site that is listed on the National Register of Historic Places or that is listed on the State Register of Historic Places", per 617.4(b)(9). The property is substantially contiguous to the Saratoga Race Track which is on the State and National Registers. The track is a contributing property within the Union Avenue National Register District. Other involved agencies include the Planning Board for Site Plan Review and DRC for Architectural Review Applicant: Cellco/Verizon Wireless Agent: Scott Olsen, Attorney Mr. Olsen stated the applicant is proposing a new telecommunications facility, including a 103' high tower disguised as a television tower. Parcel is located at the Saratoga Gaming and Raceway, a 160 acre parcel within the INST-HTR District. The new communication facility tower structure will be stealth in nature, a t.v. tower. Antenna height will be 96 feet in height. Antenna will be inside the canister. An emergency generator will also be located on this site. Mr. Olsen visually provided the Board with the proposed location as well as some photographs of the balloon float which was provided. We are requesting a Use Variance to accomplish this cell tower. Susan Barden, Senior Planner City of Saratoga Springs stated the Saratoga County Planning Board issued a decision on August 15, 2013, stated no significant County wide or intercommunity impact. They did encourage a discussion between the Board, Verizon and owner/user of the current cell tower for collocation onto the new proposed higher tower. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:08 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman stated a resolution will be prepared for presentation in two weeks. The public hearing will remain open. Board member Skip Carlson resumed his position on the Board. 3. #2699 MELVIN BED AND BREAKFAST, 102 Lincoln Avenue, use and area variance for a proposed four unit multi-family residence; seeking relief from the permitted uses in the Neighborhood Complimentary Use-2 District and from the minimum parking requirement. SEQRA: City of Saratoga Springs Zoning Board Minutes – Monday, September 9, 2013 - Page 2 of 12 This action appears to be an Unlisted Action. Part I of the short EAF was submitted. PARCEL HISTORY: Special Use Permit was issued for a 7 room bed and breakfast establishment on February 4, 2005. A waiver of four required on-site parking spaces was granted. USE VARIANCE CONSIDERATIONS: Owners purchased the property in 1986 for $100,000. Operated it as an 8 room rooming house (pre-existing nonconforming use) – zoning district UR-2 (B&B not permitted). Zoning changed from UR-2 to NCU-2 in 2004. Special Use Permit (2005) to operate as a B&B zoning district NCU-2. Applicant: Robert & Stephanie Melvin, owners. Agent: John Carusone, Attorney Mr. Carusone attorney for the applicant questioned if the Board received the petition from the neighbors. Bill Moore, Chairman assured Mr. Carusone and the applicant the Board is in receipt of the petition. Mr. Carusone stated the property has become a financial hardship to the applicant. They have been actively trying to sell the property since 2007. The uses permitted by the Special Use Permit include Convenience Sales, Art Gallery, Artist Studios, Service Establishments and Office. The neighborhood is characterized by a mix of residential and small scale commercial uses. When the Melvin's opened this business there were 996 hotel rooms in the City. Now there are many more rooms available in the City with many more amenities than the Bed and Breakfast can provide. There will be no exterior changes to the building and the use is less intrusive than a Bed and Breakfast. The layout of the building makes sense going to multi-family residential with three floors. Four units are being requested. The problem the applicants are facing is the stairway runs through the center of the units. We are requesting relief from the number of parking spaces from 8 to 5 with a relief of 3. AREA VARIANCE: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum parking spaces: 2 per unit 8 5 3 (37.5% Adam McNeill, Secretary requested an aerial map of the neighborhood showing single family, two family, etc., homes for approximately a block in either direction of the home. Also, an appraisal or market study and financial documentation as to why four-units would realize a reasonable return and not fewer units. A listing of expenses would also be helpful as well as the uniqueness of the property. Discussion ensued regarding the building and number of apartments and living spaces within and access to those same apartments. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:38 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. City of Saratoga Springs Zoning Board Minutes – Monday, September 9, 2013 - Page 3 of 12 Bill Moore, Chairman stated the public hearing will remain open. Bill Moore, Chairman stated please forward the information requested to Susan Barden and the application will then be placed back on the agenda. The Board recessed at 8:39 P.M. The Board reconvened at 8:58 P.M. 4. #2722 STRAUSS CARPORT, 26 Fifth Avenue, area variance for construction of an attached carport, seeking relief from the minimum side and rear yards and maximum principal building coverage requirements in the Urban Residential -1 District. SEQRA: Action appears to be a Type II action. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum principal building coverage 20% 24.9% 4.9% (24.5%) Minimum side yard setback 12 feet 4.33 feet 7.67 feet (63.9%) Minimum rear yard setback 30 feet 23.1 feet 6.9 feet (23%) Agent: Matt Hurff, Frost Hurff Architecture Mr. Hurff stated the applicant is seeking to construct an attached carport while maintaining the character and feel of the neighborhood. The carport will house two vehicles. The walkway will be a 100 square foot covered walkway. The second floor usage above the garage has no interior connection to the house. Shirley Poppel requested the amount of the property to remain permeable. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 9:04 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Susan Barden stated the following correspondence was received by the Board. An email was received on September 4, 2013 from Kenneth Hapeman, Kathryn Gallien who are in full support of this project. Bill Moore, Chairman stated there will be a resolution prepared for the next meeting in two weeks. 5. #2723 VARLEY STUDIO, 101 Walworth Street, area variance for construction of a detached garage with second story living space; seeking relief to permit habitable space in an accessory structure in the Urban Residential-3 District. City of Saratoga Springs Zoning Board Minutes – Monday, September 9, 2013 - Page 4 of 12 SEQRA: Action appears to be a Type II action. Applicant: Scott Varley Agent: Michael Perri Mr. Perry stated the applicant is looking to construct a detached garage with second story living space. There is a two family home on the property. This will be a two car garage. The applicant is looking to heat the second story living space and add a ½ bath. Oksana Ludd stated to ensure the second story living space is not habitable we will request a stipulation no kitchen and no tub or shower. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 9:08 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman stated there will be a resolution presented at the next meeting. 6. #2724 MUSOLFF ADDITION, 3 Robinhood Court, area variance for construction of an addition to an existing single-family residence; seeking relief from the minimum total side yard setback requirement in the Urban-Residential -1 District. SEQRA: Action appears to be a Type II action, exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum total side yard setback 30 feet 23 ft. 5in. 6ft. 7in. (22%) Applicant: George and Carmel Musolff Agent: Ethan Hall, Rusinski Hall Architects Mr. Hall stated the applicants are looking to construct an addition to their single family residence incorporating a master bedroom suite. This is the only location feasible since it does meet the required 12' side yard setback. The relief requested and required is due to an existing nonconforming setback of 10' 11" on the south side. No alternative design can be achieved due to the site and building conditions. The addition is 315 square feet and meets the side yard setback to the north. The relief from the minimum total side yard setback should not result in an undesirable change in the neighborhood character. The proposed addition will match existing conditions of the house aesthetically. Also, the permeability of this site will be 65.8% which exceeds the minimum 30% for the district. PUBLIC HEARING: City of Saratoga Springs Zoning Board Minutes – Monday, September 9, 2013 - Page 5 of 12 Bill Moore, Chairman opened the public hearing at 9:14 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman closed the public hearing at 9:15 P.M. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF George and Carmel Musolff 3 Robinhood Court Saratoga Springs, New York 12866 From the Building Inspector’s determination for the same premises, identified as Tax Parcel Section 165.17, Block 2, Lot 16, Outside District of the City of Saratoga Springs, New York. WHEREAS, the appellant has applied for an AREA VARIANCE for relief from the current City Zoning Ordinance for Minimum Total Side Yard Setback in an Urban Residential – 1 zoning district for a single story addition to an existing residence; and public notice having been duly given of a hearing on said application held on September 9, 2013. WHEREAS, in consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, the Board makes the following resolution that the requested AREA VARIANCE for the following relief or lesser dimensions be APPROVED: Required Existing Proposed Relief Requested Minimum Total Side Yard 30’ 35’ 23’ 5” 6’ 7” or 22% Setback 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The application states “no alternative design can be achieved due to site and building conditions.” The addition, a single bedroom and full bath, appears to be situated near existing bedrooms according to plans filed with the application. If constructed at the opposite end of the home, an additional variance would be needed since the existing home is only 10’ 11” from the property line. An in-ground pool with wooden deck exists closely behind the house. 2) The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The application states, “The proposed addition will match existing conditions of house aesthetically.” According to the applicant’s plans, the new addition will meet the side setback requirement of 12’ and will be approximately 315 sq’ in size. 3) The relief requested is not substantial. The house is a pre-existing, nonconforming structure. The applicant is maintaining all proper setbacks except for the total side yard. 4) The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. As per submitted plans, permeable land will be reduced from an existing 68.1% to 65.8% which is well above the required 30%. 5) The difficulty may be considered self-created. This, however, is not necessarily fatal to the application. City of Saratoga Springs Zoning Board Minutes – Monday, September 9, 2013 - Page 6 of 12 Shirley Poppel seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor MOTION PASSES: 6-0 OLD BUSINESS: 7. #2712 LLOYD ROOF, 12 Newark Street, area variance for construction of a front patio roof to an existing single family residence; seeking relief from the minimum front yard setback requirement in the Urban Residential-1 District. This application was heard at the June 10, 2013 meeting and adjourned pending additional information. The applicant provided a survey dated July 29, 2013. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. Applicant: Thomas Lloyd Jr. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing remains open. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman closed the public hearing at 9:19 P.M. Oksana Ludd presented the following resolution. IN THE MATTER OF THE APPEAL of Thomas R. Lloyd, Jr. 12 Newark Street Saratoga Springs, New York From the Building Inspector’s determination for the same premises, identified as Tax Parcel No.: 178.48-1-8 in the outside district of the City. The Applicant has applied for an area variance for construction of a front patio roof to an existing single family residence seeking relief from the current City Zoning Ordinance regarding the minimum front yard and minimum side yard setbacks for a principal structure in a Urban Residential-1 zoning district, and public notice having been duly given of a hearing on said application on June 10, 2013 and September 9, 2013. City of Saratoga Springs Zoning Board Minutes – Monday, September 9, 2013 - Page 7 of 12  Action appears to be a Type II action, “Granting an area variance(s) for a single-family, two-family or three- family residence,” and therefore exempt from further SEQRA review per 6 NYCRR Part 617.5 C(13). In consideration of the balance between the benefit to the Applicant with the detriment to the health, safety and welfare of the community, the Board makes the following resolution that the requested area variance for the following relief or lesser dimensions, as described in the submitted application, BE APPROVED Type of Requirement Required Existing Proposed Total Relief Requested Minimum Front Yard Setback 30 feet setback Approximately 8.6 feet 21.4 feet ( 71%) 16.6 feet Minimum Side Yard Setback 12 foot setback 8.6 feet 8.6 feet 3.4 feet (28 %) 1. The Applicant has demonstrated that this benefit cannot be achieved by other means feasible. The current physical location of the principal residence and the lack of additional land available for purchase within the front or side yard prohibits any other means to achieve installation of a front porch. Due to the existing residence encroaching into the front yard and side yard setbacks, any proposed construction in this area would require a variance. The Applicant has considered the construction of a shorted roof, but has indicated that he is requesting this variance to provide a roof that will create a safe access to the front of his residence by providing proper protection from weather conditions, including ice and snow buildup. 2. The Applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or a detriment to nearby properties. Applicant has provided documentation that the location of the proposed front porch roof is a replacement to a previously constructed roof and is in keeping with the character of the neighboring homes and therefore, that granting the variance from the minimum front yard setback and the minimum side yard setbacks will not detrimentally impact on neighboring properties. 3. The relief requested may be considered substantial at 71% and 28%, but is mitigated by the fact that most of the nearby residences have porches located within the 30 foot minimum front yard setback requirement and granting the variances is in keeping with the general character of the neighborhood. 4. The Applicant has demonstrated that the variances will not have a significant adverse physical or environmental effect on the neighborhood. The size of the roof has been reduced to the minimum possible to achieve safety and an esthetic dimension conforming to the current size of the residence. 5. The alleged difficulty may be considered self-created in that the Applicant desires to construct the front porch within the required front yard setback area; however, this is not necessarily fatal to the application. Notifications/Approvals/Conditions of Approval: None Neighbor Input: None Gary Hasbrouck seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: City of Saratoga Springs Zoning Board Minutes – Monday, September 9, 2013 - Page 8 of 12  Bill Moore, Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor MOTION PASSES: 6-0 9. #2704 BASONE DEMO, 75 Fifth Avenue, area variance for demolition of existing home and construction of new single family residence; seeking relief from the minimum side yard setback (both sides), minimum total side yard setbacks, minimum rear yard setback and maximum (principal) building coverage in the Urban Residential – 1 District. This application was heard at the May 13, 2013 meeting and adjourned to May 20, 2013. The application has been further adjourned at the request of the applicant. The Board requested additional information including feasible alternatives, elevation drawings of other perspective, comparables of lot coverages in the neighborhood, and a streetscape view including the proposed house. Additional information was provided via email on July 12, and forwarded to the Board. This application was heard at the July 22, 2013 meeting and adjourned to September 9, 2013. Additional information was received via email by the applicant on August 23 and forwarded to the Board. The public hearing remains open. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. NEIGHBORHOOD HISTORY: 73 Fifth Avenue – area variance for construction of a carport to be attached to the east side of the existing residence; seeking relief from the minimum side yard, total side yard setbacks and maximum percent lot coverage for the principal building in an Urban Residential-1 District withdrawn by the applicant 09/17/09. 73 Fifth Avenue – area variance to demolish existing house and construct a new single family residence – relief from the minimum side yard, total side yard and front yard setbacks – approved 07/25/05. 81 Fifth Avenue – area variance to demolish existing rear porch and patio and construct a one story addition relief from the minimum side yard and total side yard setbacks and maximum lot coverage principal building approved 03/15/2005. 80 Fifth Avenue – area variance to construct additions approximately 174 sq ft to the existing house in order to enlarge the master bedroom, enlarge the garage and add an open deck to the residence – relief from maximum lot coverage principal front yard, rear yard, side and total side yard setbacks approved 07/08/1998. 56 Fifth Avenue – area variance to construct a single story addition for a family room, eating area and a small exterior deck approximately 750 sq. feet relief from the maximum lot coverage principal building in UR-1 approved 04/12/95. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED 07/22 REVISED Minimum side yard setback west side 12' 5.1' 6.9'(57.5%) 5.5' Minimum side yard setback: east side 12' 6.4 5.6' (47%) 9' Minimum total side yard setback 30' 11,5' 18.5'(62%) 14.5' Minimum rear yard setback 30' 25.8' 4.2' (14%) 32.6' City of Saratoga Springs Zoning Board Minutes – Monday, September 9, 2013 - Page 9 of 12 Maximum principal building coverage 20% 39.2% 19.2% (96%) 33.5% Applicant: Michael and Pia Basone Agent: John Witt, Contractor Mr. Witt stated the applicant has realigned the design which results in a small house. The front has been moved back a few feet. Originally the home was 3737 sq ft, and now is 3199.5 sq. ft., covering 33.5% of lot coverage. We do meet the front yard setback. Permeability remains the same at 54.4%. We do have a letter from Mrs. Basone's physician stating her physical condition. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing remains open. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Rod Sutton, 12 5th Avenue, and 74 5th Avenue. Opposed to this project based on the Mass and Scale of the home. Buildings stay people come and go. This has tremendous impact on the street. Joseph Brady, 95 5th Avenue. Mr. Brady questions the mold, and if there can be any remediation. This has never even been considered. Richard Bellinger, 98 5th Avenue. The character of this neighborhood does not support this design. It does not add value to my property. Richard Hansen, 83 5th Avenue. Neighborhood makes changes which will last forever. History of flippers who buy renovate and resell. This is a really large home for the size of the lot. The Basone's have been in this home this summer. They have stayed on some weekends. Michael Okby, 79 5th Avenue. I have watched Saratoga restore itself. This neighborhood has people who are respectful of the neighbors. The applicant has a credibility issue. She indicated she gets her way. Central air conditioning was installed in this home this summer. Richard Sellers, 73 5th Avenue. Concerned regarding snow and ice moving on to their property. Mike Toohey, The purpose of the zoning code is designed to create neighborhoods with certain common traits or uniformity. This area has common traits regarding the front yard setbacks. The standards for an area variance have not been addressed. Mr. Toohey provided the Board with some background information. This buyer knew exactly what they were buying when they purchased the lot. Mr. Toohey informed the Board that they were not uninformed buyers. Mrs. Basone has had more than 19 years of real estate expertise. She has received many accolades in her career. Mr. Toohey reviewed the standards required for an area variance. Area variance relief requested is substantial at 28% and 71% respectively. There are concerns regarding snowfall and ice build up. It appears by the photos that the home will create an undesirable change in the neighborhood. The hardship is self created. Mr. Toohey also stated there is no reason why they could not build or buy a home in an area on a lot which could accommodate this home. PUBLIC HEARING: Bill Moore, Chairman closed the public hearing at 10:28 P.M. Oksana Ludd presented the following resolution: City of Saratoga Springs Zoning Board Minutes – Monday, September 9, 2013 - Page 10 of 12  IN THE MATTER OF THE APPEAL OF Mike and Pina Basone 523 East Putnam Ave, Apt C Cos Cob, CT 06807 from the determination of the Building Inspector involving the lot at 75 Fifth Avenue, in the City of Saratoga Springs, New York being tax parcel number 166.13-2-22, in the Inside District, on the Assessment Map of said City. The appellant having applied for an area variance under the Zoning Ordinance of said City to permit the demolition of an existing single-family residence and construction of a new single-family residence in a UR-1 District and public notice having been duly given of a hearing on said application held on the 6th of May, 22nd of July and 9th of September 2013. In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, I move that the requested area variances for the following relief: TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED DIMENSIONAL REQUIREMENT MAXIMUM PRINCIPAL BUILDING COVERAGE 20% 33.5% 13.5%, OR 67.5% RELIEF MINIMUM SIDE YARD SETBACK (WEST/LEFT) 12’ 5.5’ 6.5 FT, OR 54.2% MINIMUM SIDE YARD SETBACK (EAST/RIGHT) 12’ 9’ 3 FT, OR 25% MINIMUM TOTAL SIDE YARD SETBACK 30’ 14.5’ 15.5 FT, OR 52% As per the submitted application materials, be denied, after weighing the following considerations: 1. The Board notes the applicant has not demonstrated this benefit cannot be achieved by other means feasible to the applicant. In this case, the proposal is to demolish the existing home and build a new home on this parcel. The lot is smaller than the district requirements (9,541 SF vs. 12,500 SF) thereby greatly increasing the degree of percentage relief required, however, the Board notes that a conforming home with a footprint of up to approximately 1900 SF, plus an accessory building of approximately 760 SF, could be built on this property. Given the 60 foot wide lot and the need for driveway space, some side setback relief may be required in that scenario, but likely less than in this proposal. The Board does note that land is not available to be purchased from adjacent properties to reduce or eliminate the required variances. 2. The applicant has not demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The applicant has provided information including a map of lot shape, sizes and principal building coverage among the neighboring houses on the north and south sides of Fifth Avenue, for about a block east and west of the subject property. Among the comparably deep (approx. 160’) lots that are found on the same side of the street, this proposal would have the largest lot coverage and smallest proportion of unbuilt area. Among the lots on the other side of the street, which are approximately 100 feet deep due to their proximity to the Oklahoma Track, there are two houses with comparable lot coverages. The north side lots are comparable in shape and size, leading to a conclusion that this proposal is not in proportion with the neighborhood. Again the Board notes that this is a proposal to demolish an existing residence and build a new residence; there are unquestionably many alternative scenarios in which a proposed new home could be built consistent with neighborhood character. One such scenario was included by the applicants in materials submitted to the board. Given the allowable 1900 square foot footprint in this case, other construction more consistent with the neighborhood can certainly be contemplated. 3. The Board considered the substantiality of the proposed variances listed in the table above. All are substantial, City of Saratoga Springs Zoning Board Minutes – Monday, September 9, 2013 - Page 11 of 12  ranging as noted above from 25% relief on the east side yard, to 67.5% for lot coverage. The size of these variances is excessive in this case. Again, since this proposal is for a new building, the applicant has available options with lesser impact. 4. The Board evaluated physical and environmental effect on the neighborhood / district and notes that permeability requirements would be met, with 54.4% permeability proposed and 30% required. 5. The alleged difficulty is self-created as the applicant cites no reason other than personal wishes to build a home on this lot that exceeds district zoning dimensions. While self-creation by itself is not fatal to an area variance application, it is a consideration weighed by the Board. Shirley Poppel seconded the motion. Bill Moore, Chairman asked if there was any further discussion. Discussion ensued regarding lot coverage. VOTE: Bill Moore, Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, opposed; Gary Hasbrouck, in favor; Skip Carlson, in favor; Shirley Poppel, in favor MOTION PASSES: 5-1 APPROVAL OF MINUTES: Bill Moore, Chairman deferred approval of meeting minutes until the next meeting. MOTION TO ADJOURN: Bill Moore, Chairman adjourned the meeting at 10:40 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 9/23/13 City of Saratoga Springs Zoning Board Minutes – Monday, September 9, 2013 - Page 12 of 12