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Zoning Board of Appeals

Regular Meeting

Saratoga Springs, NY · June 25, 2018

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Minutes

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, JUNE 25, 2018 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman, called the meeting to order at 7:00 P.M. SALUTE TO THE FLAG: PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Adam McNeill, Secretary Cheryl Grey; Brad Gallagher; Rebecca Kern, Alternate ABSENT: James Helicke FACE TIMING: Susan Steer STAFF: Bradley Birge, Administrator, Planning & Economic Development Tony Izzo, Assistant City Attorney 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 APPLICATIONS: #3039 BLACKLER RESIDENCE, 62 Van Dam, area variance to construct an addition to an existing single-family residence; seeking relief from the minimum side yard (each side), minimum total side yard setback and maximum principal building coverage requirements in the Urban Residential-3 District. #3001 ZIMMERMAN SUBDIVISION, 139 Grand Avenue, area variance with a two-lot residential subdivision; seeking relief from the minimum average lot width and minimum lot size (lot 1) and minimum lot area (lot 2) and minimum side yard setback or existing residence on proposed lot1 in the Urban Residential-3 District. #3038 BONACIO CONDOMINIUMS, 77 Van Dam, modification of previously approved use and area variance for an existing mixed use (office and residential) building to all residential (25 total units) in the Urban Residential-3 District. #3040 BAIRD RESIDENCE, 79 Lake Avenue, area variance to construct an addition to an existing three-family residence; seeking relief from the minimum side yard (each side), minimum total side yard setback and maximum principal building coverage requirements for the addition; and minimum side (each side), minimum total side yard and minimum rear yard setback to parking in the Urban Residential-4 District. #3024 FAHY RESIDENCE, 166 Lincoln Avenue, area variance to construct a new single-family residence; seeking relief from the minimum average lot width and minimum lot size requirement for a second single-family residence, to permit more than one principal building on a lot in the Urban Residential-3 District. #3022 DEVALL SUBDIVISION, 59 Franklin Street, area variance associated with a two-lot subdivision; Seeking relief from the minimum average lot width for the proposed lot and minimum side yard setback to parking in the Urban Residential-4 District. #2953 STATION PARK MIXED USE DEVELOPMENT, Washington Street and Station Lane, area variance for a proposed multi-use development containing a 110 room hotel, 88 senior housing units, 41 assisted living units, 90 townhouses, and 28,060 square feet of retail; seeking relief from the frontage build to and build out, minimum two story and maximum building height requirements in the Transect-5 District. #3032 ADIRONDACK TRUST SIGNAGE, 182 South Broadway, area variance for proposed signage; seeking relief from the maximum size for a freestanding sign, maximum height of logo for two logos on the freestanding sign, maximum height, size and logo placement on two directional signs in the Transect-5 District. #3033 ADIRONDACK TRUST SIGNAGE, 315 Church Street, area variance for proposed signage; seeking relief from the maximum size for a freestanding sign, maximum number of wall signs, maximum height, size and logo placement on two directional signs, and to permit three logos on the kiosk in the Transect-5 District. #3034 ADIRONDACK TRUST SIGNAGE, 33 Marion Avenue, area variance for proposed signage; seeking relief from the maximum number of freestanding signs, maximum size for freestanding signs in the Tourist Related Business District. COMMENTS FROM THE CHAIR: Bill Moore, Chairman, stated Board member Susan Steer will be face timing in for applications 2-4. NEW BUSINESS: RECUSAL: Susan Steer recused from the following application. Cherie Grey recused from the following application. 1. #2931 LAKE LOCAL, 550 Union Avenue, area variance for construction of eating and drinking establishment, marina and docks and tourist accommodations; seeking relief from the minimum front yard setback for expanded board shop, minimum front yard setback for two inn buildings, maximum principal building coverage for the inn buildings combined, and minimum site to remain permeable in the Water Related Business and Rural Residential Districts. SEQRA: -Planning Board issued a Negative SEQRA Declaration on June 7, 2018. -Planning Board accepted Lead Agency Status on December 14, 2017. -ZBA deferred Lead Agency Status proactively to the Planning Board on November 21, 2016. -Action appears to be a Type I action with involved agencies of ZBA, Planning Board, (special use and site plan) and DRC (architectural review). PARCEL HISTORY: -Stipulation agreement between City and owners to address outstanding violations with timeframes for completion. -Notice of Violation issued by Zoning and Building Inspector on August 19, 2016. -Site of former Tropic Hut restaurant and a number of trailers. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback: WRB 40 ft. 8 ft. 32 ft. (80%) City of Saratoga Springs - Zoning Board of Appeals – June 25, 2018 - Page 2 of 11 Expanded board shop Minimum front yard setback: 60 ft. 40.13 ft. 19.87 ft. (33%) RR Inn Building Minimum front yard setback : 60 ft. 40.94 ft. 19.06 ft. (32%) RR Inn Building Minimum front yard setback: RR Existing 60 ft. 8.06 ft. 51.94 ft. (87%) garage to be converted to Inn building Minimum side yard setback: RR Existing 30 ft. .73 ft. 29.27 ft. (98%) garage to be converted to Inn building Maximum principal building coverage: RR 15% 18.3% 3.3% (22%) Inn structures combined Minimum site to remain permeable: RR 80% 60.3% 19.7% (25%) Minimum side yard setback: RR to parking 30 ft. 1.44 ft 28.56 ft. (95%) Minimum side yard setback: WRB to parking 40 ft. 35.3 ft. 4.7 ft. (11.75%) Applicant: John Haynes, 550 Union LLC Agent: Matt Brobston, LA Group Mr. Brobston provided a visual presentation to the Board outlining where all the variances requested are located. We have been through SEQRA review with the Planning Board and received a SEQRA Negative Declaration on June 7, 2018. A visual of the survey when the property was purchased was provided to the Board noting the trailers shown on the site have been removed. Two existing buildings are on the site and they will be converted to a caretaker’s cottage/inn accommodations.. The eight buildings that comprise the 25 room inn are located on a separate parcel and are to be consolidated with the restaurant parcel which is in the RR district. The area variances within the RR zoned district are related to the proposed development within that parcel of land. Some of the variances are related to existing conditions of the residential house, garage and parking. The site has changes from a site that had dilapidated trailers and cabins to one that had a thriving restaurant, marina and rental business. The variances are being sought to expand the restaurant to a full year operation and introduce a lodging component. The site had an existing seasonal restaurant and board shop both to be expanded. The restaurant is being expanded to 444 seats indoors and out. The rental slips will expand to 108. The lodging facilities for the inn is 25 rooms and the 10 room bed and breakfast. Mr. Brobston provided the Board with a visual presentation of the site plan. Stormwater management will be handled on site using porous pavement, and green roofs on the inn buildings. Trying to maximize parking to the center of the site. Buffering to be provided adjacent to the right of way as well as in the DOT right of way. The main access is before the bridge, however there is additional access on the top of the hill, which is an existing ROW to the two parcels that are adjacent to the development now. The plan is to leave the ROW as a private entrance and direct vehicles to the main entrance. Mr. Haynes, Phinney Design Group. Mr. Haynes provided a visual of the proposed project noting the location of the Restaurant, Bed and Breakfast, the Inn cottages and the terrain of the site. As a result of this project the environmental effects from the property could be reduced due to the proposed stormwater management of new disturbed areas and existing impervious areas. Existing access and egress are to be maintained. Bill Moore, Chairman stated there was some noticing which were not received by the correct people. So, there was an incomplete noticing for this project. Keith Kaplan, Vice Chairman questioned the size of the parcels. Mr. Brobston stated the parcels total almost 4 acres. Keith Kaplan, Vice Chairman questioned access to the parcels at the end of the road. Mr. Brobston stated there is a ROW which provides access to the lots at the end of the road. Mr. Brobston stated the City of Saratoga Springs - Zoning Board of Appeals – June 25, 2018 - Page 3 of 11 three parcels will be consolidated into one parcel. The zoning demarcation line will remain even if the parcels are consolidated and they will have a split zoned parcel. The consolidation of the parcels will occur at the time of Site Plan Approval. That application will be submitted and be part of the approval to consolidate the lots with a lot line adjustment. Keith Kaplan, Vice Chairman questioned the size of the Right of Way on Union Avenue. Mr. Brobston stated 18 feet. Keith Kaplan, Vice Chairman questioned if this is the same project which initially appeared before the ZBA. Mr. Brobston stated the plan which was provided to the Board is the most recent and most current site plan application. What you have the size of the project, the size of the buildings, the shape of the buildings, and the locations of the buildings are accurate. These are relatively new and were submitted 6 weeks ago. Keith Kaplan, Vice Chairman requested more detailed information along with the elevations. Also, concerning the Board shop why not move the structure within the setback lines to be in compliance and eliminate a variance. Mr. Brobston stated because it is an existing structure, trying to keep it an existing use. Mr. Haynes stated its location right now is immediately adjacent to where the existing boat launch is. That positioning is very beneficial to the use. The parking does take up a lot of area and we are trying to fit as much parking on the site as possible. Mr. Brobston stated currently there are 190 spaces for parking on the site, based on the 444 number. Rebecca Kern questioned the number of people arriving by boat. Mr. Brobston stated there are currently 31 boat spaces for restaurant customers only. Keith Kaplan, Vice Chairman questioned moving some structures further inside the property lines. Mr. Haynes stated the garage is in good shape, and the house is in great shape fully renovated. As part of the process for the Planning Board an archeological study needed to be completed which revealed archeologically sensitive areas around the home and are not to be disturbed. Keith Kaplan, Vice Chairman questioned the buffering to be provided for the residents in the area. DISCLOSURE: Keith Kaplan, Vice Chairman stated Mr. Garrett is a long time acquaintance, sons were in scouting together. Mr. Brobston stated there will be no tree clearing at all. No modification to the driveway as it appears today. The entry to the driveway will not be changed as part of this application. It needs to stay as a ROW but will be widened to accommodate emergency vehicle access to that area. The will be minimal clearing on the site. There is a sanitary sewer line which runs in this ROW area in this location and that is the reason for some clearing on this side. Adding any buffering or planting in this area will not be feasible. Buffer along Union will remain as is. The existing paved area in some locations when it was purchased did extend into the ROW. That will be corrected as part of this application and it will be pulled back and no parking will be in the setback area. We are proposing the addition of trees along the grass swale which will be used for drainage. Looking into planting some trees in the ROW down Union into the site which could be problematic and would require DOT approval. DOT has visited the site however we have received no further communication from them. Stormwater planters will be located in several areas on the site to handle stormwater. City of Saratoga Springs - Zoning Board of Appeals – June 25, 2018 - Page 4 of 11 Keith Kaplan, Vice Chairman questioned permeability on the site for the larger parcel. Mr. Brobston stated 44% permeability and the requirement in this zone is 15%. Adam McNeill, Secretary requested elevation drawings to be submitted to the Board including the hotel and the northwest property parcel. Is there any parking for the Inn? Mr. Brobston provided a visual as to where the parking would be located for the Inn. Adam McNeill, Secretary requested the applicant provide anecdotally a restaurant in town with 292 seats as a reference point. Mr. Brobston stated he will research and provide to the Board. Becky Kern questioned the parking for the marina use. Mr. Brobston stated there is no designated parking for the marina use. It is within the 190 spaces on the site. Becky Kern stated that would remove 31 parking spaces away from the restaurant use. Considering the amount of activity on this site, how is the parking accommodated. How many new spots are provided compared to what is currently there now. Has there been a study done on capacity of your current parking based on the current activity. Mr. Brobston stated we will be increasing the number to 190. For Site Plan we are required to provide the number of parking spaces provided based on the number of uses. The total number of parking spaces required is 204 based on the uses. This information will be provided to the ZBA. This was a concern as we progressed through SEQRA with the Planning Board and is a concern of ours. We did have an opportunity to have an agreement with an adjacent leased campground for some additional spaces. Valet parking to that area. However, due to the fire this year will not be utilized but we will continue with it in the future. We have also discussed providing valet parking on the site to obtain additional spaces as well as speaking with SRA. Mr. Haynes stated we have also added additional boat slips which will be contributing to restaurant patrons. Currently there are 95 with the current rental slips will go to 108. 31 parking slips spaces reserved for restaurant parking only. Becky Kern questioned the entrance and exit to the site how is that being handled. Proposed traffic light perhaps. Mr. Brobston stated there was a traffic study completed. As part of the traffic report done by Creighton Manning, the western entrance has been designed as an entrance only which should cut down on people exiting that area. DOT has recently completed improvements in this area. Pedestrian accommodation will be considered since there is no safe crossing point at this time. A standard striped crosswalk is not sufficient. We are in conversation with DOT. Mr. Brobston stated the first phase - Phase I - Restaurant, parking and stormwater management. The remainder of the projects will be phased in over about 8 years. Brad Gallagher questioned if the buildings containing the Inn could be moved to meet the setbacks. Mr. Haynes stated where the Inn buildings is located is the steepest part of the site. The inns are positioned to act as retaining walls and are close to the archeologically sensitive area. Bill Moore, Chairman stated there is a lot going on and lot of uses for this parcel. PUBLIC HEARING: City of Saratoga Springs - Zoning Board of Appeals – June 25, 2018 - Page 5 of 11 Bill Moore, Chairman opened the public hearing at 8:04 P.M. Barbara Frank, I am the owner of the second cabin in from the lake. We have no problem with the work that they are doing. Concerned regarding the stormwater management and also is concerned regarding their small dock in the ROW. Also the sound barrier, will this interview with my view of the lake. Tom Garrett, lives across the street from the structure. He was not notified of the project. He has lived at this location for 1983 and has always had an issue with speeding. Concern about the safety, noise, parking and too much density on the site. Bradley Birge, Administrator, Planning and Economic Development stated the project will be re-noticed in advance of the next Zoning Board of Appeals Meeting scheduled for July 9, 2018. Bill Moore, Chairman stated the public hearing will remain open. Board Member Cherie Grey resumed her position on the Board. Board Member Susan Steer face timed in. 2. #3046 DIEM RESIDENCE, 4 Nelson Avenue, area variance to construct additions to an existing single-family Residence and a detached garage; seeking relief from the minimum front yard and minimum total side yard Setbacks for the master suite addition, minimum front yard setback for the front porch, minimum rear yard setback for the mudroom addition and minimum rear and side yard setbacks for the detached garage in the Rural Residential District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback: Master suite addition 60 ft. 34.1 ft. 25.9 ft. (43.2%) Minimum total side yard setback: Master suite addition 100 ft. 63.3 ft. 36.7 ft. (36.7%) Minimum front yard setback: Front porch addition 60 ft. 31.5 ft. 28.5 ft. (47.5%) Minimum rear yard setback: Mudroom addition 100 ft. 69.8 ft. 30.2 ft. (30.2%) Minimum side yard setback: Garage 30 ft. 15.1 ft. 14.9 ft. (49.7%) Minimum rear yard setback: Garage 50 ft. 15.4 ft. 34.6 ft. (69.2%) Minimum site to remain permeable: 80% 74% 6% (7.5%) Applicant: Eric Diem Agent: Brett Balzer, Balzer – Tuck Architecture Mr. Balzer provided a visual presentation of the proposed project. The property is located at the corner of Nelson Avenue and Crescent. The applicant is proposing the addition of a small front porch, a small master suite addition to the north of the home and small mudroom addition to the rear of the home. The applicant is also proposing a detached two car garage. We are proposing the removal of the current garage and portico along with additional pavement. When speaking of lot permeability we are currently at 74%. This was achieved through the removal of vast amounts of impervious areas – the southern and eastern driveways. This project sits in a RR District with a minimum of 2 acres The variances are not substantial in relation to the existing lots and improvements located along Nelson Avenue. The existing lot is substandard in both lot area and lot width to the lot requirements of the RR. The existing house is nonconforming with many of the dimensional requirements of the RR. The proposed additions to the existing residence City of Saratoga Springs - Zoning Board of Appeals – June 25, 2018 - Page 6 of 11 would increase the nonconformance. Floor plans were provided to the Board along with design alternatives which were considered such as locating the master suite addition to the east. These explorations were not feasible due to site constrictions, the driveway configuration and the proposed detached garage. Adding a second story to the home to provide for the master suite was considered but was not economically feasible due to the disruption for the first floor areas and undersized attic floor structure. The one story garage will be demolished since it structurally unsafe. We are proposing a two car garage with a stairway to a woodshop. We have spoken to the neighbors and they are in support of the project. Adam McNeill, Secretary stated he likes that the applicant is removing the second curb cut. He questioned the placement of the new garage and if the applicant considered an alternate location. Mr. Balzer stated they did consider alternatives. Siting the garage elsewhere on the site would reduce the green space in the rear and would also add to the pavement. Location of carriage houses along Nelson Avenue are often placed in the location we are seeking approval for. Keith Kaplan, Vice Chairman questioned if the space over the garage would be considered finished space. Mr. Balzer stated it will not. It will remain a raw interior. It will be an artist studio. Cherie Grey questioned the height of the master suite and the garage. Also what is the overall lot coverage on the buildings? Mr. Balzer stated what we are looking at is well within the 35 foot height. The master suite addition will be 18 feet at the ridge and the garage will be 21 feet. This is not a full second story so as not to dominate the main structure. We are allowed 20%, we are at 10.4% and we will be going to 16.4%. Brad Gallagher stated the project looks good. He is very happy with the 2nd driveway removal. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:40 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman stated the public hearing will remain open. Mr. Balzer stated he would like clarification on the allowable use for the space over the garage. Keith Kaplan, Vice Chairman stated recommended the applicant modify the application with the Building Inspector to include the space over the garage as finished space. Adam McNeill, Secretary stated he would need the inside dimensions of the space over the garage to draft a resolution. Mr. Balzer stated he will send the needed information to the Board. Bill Moore, Chairman stated a resolution will be prepared and presented at the next ZBA meeting scheduled for July 9, 2018. OLD BUSINESS: 3. #2995.1 ROSECRANS RESIDENCE MODIFICATION, 748 North Broadway, area variance to construct an exterior stair addition to a previously approved attached garage; seeking relief from the minimum side yard setback and City of Saratoga Springs - Zoning Board of Appeals – June 25, 2018 - Page 7 of 11 maximum principal building coverage requirements in the Urban Residential-1 District. The application was heard at the June 11, 2018 meeting and adjourned to June 25, 2018. The public hearing was opened and remains open. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing was opened and 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 8:41P.M. Brad Gallagher presented the following resolution. #2995.1 IN THE MATTER OF THE APPEAL OF PETER AND LARISSA ROSECRANS 748 NORTH BROADWAY SARATOGA SPRINGS, NY 12866 From a determination of the Building Inspector involving the premises located at 748 North Broadway in the City of Saratoga Springs, New York, tax parcel number 165.28-2-13.1 on the Assessment Map, of said City. The Applicant having applied for area variances under the Zoning Ordinance of said City to permit the construction of a staircase on an addition that was previously approved on October 16, 2017 to an existing single-family residence in a UR-1 District and public notice having been duly given of hearings on said application held on June 11, and June 25, 2018. 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 following area variances for the following amount of relief: AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PREVIOUSLY PROPOSED TOTAL RELIEF REQUESTED APPROVED MODIFICATION Max. principal building coverage: 20% 23.85% 30.98% 31.58% Additional .6% (3%) Min. side yard setback: North 12 ft. 3.5 ft. 3.5 ft. 5.67 ft. to stairs 6.33 ft. (53%) Min. total side yard setback: 30 ft. 15.5 ft. 15.5 ft. No change 14.5 ft. (48%) As per the submitted plans on June 8, 2018, or lesser dimensions, BE APPROVED for the following reasons: 1. The Applicant has demonstrated this benefit cannot be achieved by other means feasible to the Applicant. The Applicant has demonstrated that they considered alternative designs for the staircase leading from the upper deck to the ground level to reach the backyard/pool area, but those designs would not meet the Applicants needs. The applicant stated that alternative designs, which included shifting the staircase from the middle of the deck to another location or changing the angles of access did not make logistical sense for point of access needs. The Applicant stated that the other staircases to access the upper deck do not provide direct access to the backyard/pool area. 2. The Applicant has demonstrated the granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The proposed stairway addition has little mass, as it is 8’1” by 13’5½” in total coverage area, and will align with the rear of the existing residence and not be visible from the street. 3. The Board does not find the variances requested substantial. The proposed staircase requires an additional City of Saratoga Springs - Zoning Board of Appeals – June 25, 2018 - Page 8 of 11 0.6% of principal building coverage and, thus, the request is not substantial. Moreover, the proposed stairway will not encroach any further into the existing house setback and the variance previously approved on October 16, 2017. 4. The Applicant has demonstrated that the variance will not have significant adverse physical or environmental effect on the neighborhood or district. According to the Applicant, the proposed stairway has “little mass and is small and not very significant when placed beside the proposed and ZBA-approved garage.” Again, the total coverage area of the staircase is 8’1” by 13’5½”. Thus, the Applicant established the stairway will have little visual effect on the adjacent neighbors when placed in the context of the addition that was previously approved on October 16, 2017. 5. The alleged difficulty is self created insofar as the Applicant desires to construct an additional stairway, but this is not necessarily fatal to the application. CONDITIONS: No additional accessory structures beyond the finished size of the pool. Cherie Grey seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Becky Kerns, Alternate, in favor; Adam McNeill, Secretary, in favor; Brad Gallagher, in favor; Cherie Grey, in favor; Susan Steer, in favor MOTION PASSES: 7-0 4. #3045 PARK GARAGE, 34 Stafford Bridge Road, area variance to construct additions to an existing single family residence and a detached garage; seeking relief from the minimum rear yard setback for the e4xisting deck and master suite addition and minimum front yard setback for the garage in the Urban Residential-3 District. This application was heard at the June 11 meeting and adjourned to June 25, 2018. The public hearing was opened on June 11, 2018 and remains open. The Board requested additional information from the applicant including the proposed height of the garage, consideration for moving the garage further from the front property line and closer to the existing house and any comparable front yard setbacks for like structures in the neighborhood. Additional information was provided by the applicant on June 19, 2018. Applicant: Debra and Jim Park Agent: Tonya Yasenchak, Engineering America Ms. Yasenchak stated the Board had three requests at the last appearance before the Board. The first was if the applicant could move the garage further from the front property line. We researched where the water line was located. In further investigating the applicant would like to save the one large tree at the edge of the woods. The water line is placed around the tree. This limits the placement of the garage. We are asking for the 20 foot setback for the garage due to that condition. We will investigate during construction to try to move the garage as close as possible to within 5 feet of the line. We are just not sure where it is right now we only have an approximation. The second item was other properties on Stafford Bridge Road with the comparable front yard setbacks. Ms. Yasenchak stated along this road there are six to eight properties which have accessory buildings that are closer to the road than where the house is located to the side or the rear. We feel this is consistent with the character of the neighborhood. We did reaffirm the depth of the property from the road to the property line. This was accomplished in two different ways. The first was scaled off the certified survey we had 132 feet from the garage to the road, subtracting out 14 feet from the garage to the porch and the setback was 70.7 ft. That actually leaves 46 feet from the property to the road. I also laser measured City of Saratoga Springs - Zoning Board of Appeals – June 25, 2018 - Page 9 of 11 135 feet from the existing garage to the white line. Taking out the garage and the porch the setback was 121, there is a one foot overhang and from the survey is 70.7 feet from the overhang to the property line. Keith Kaplan, Vice Chairman questioned if the applicant is willing to alternate designs that would make it more acceptable. Jim Park stated they have discussed shrinking the width of the garage. Cheryl Grey stated her biggest issue is the precedent setting of 20 feet from the property line. It is a pretty substantial building. This is a very large piece of property and we are creating a building very close to the road. Ms. Yasenchak stated they could possibly play with the pitch of the roof to bring the height down possibly 2 feet and that would increase the setback to 24 feet. Becky Kern, Alternate questioned if any trees will be removed for this project. Ms. Yasenchak stated no trees will be removed. Keith Kaplan, Vice Chairman stated there are other homes that are pretty close to the road. He is uncomfortable with the 20 feet, and really uncomfortable with the height. If you do reconfigure and shrink it and show us a new reconfiguration that would be great. Currently I am voting against it. Susan Steer stated I am very comfortable with the application because the applicant demonstrated the difficulty of alternative placement due to the water line. It is a substantial variance but the size of the lot and the fact that it is smaller than should be for the zone and the large Right of Way that makes her much more comfortable with it. Bill Moore, Chairman stated he is ok with it as it is. I understand the use of the existing driveway and the location of the water line and well. Bill Moore, Chairman asked if the applicant was agreeable to bringing the height of the new garage structure down in size or scale. Ms. Yasenchak stated the applicant is asking for a 10 -12 roof pitch perhaps we can go to a 9-12. Keith Kaplan, Vice Chairman stated perhaps revised drawings can be submitted prior to the next meeting. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing was opened and remains open. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman stated they will leave the public hearing open. A resolution will be prepared and presented at the next ZBA meeting scheduled for July 9, 2018. MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 9:05 P.M. Respectfully submitted, City of Saratoga Springs - Zoning Board of Appeals – June 25, 2018 - Page 10 of 11 Diane M. Buzanowski Recording Secretary APPROVED 7-23-18 City of Saratoga Springs - Zoning Board of Appeals – June 25, 2018 - Page 11 of 11

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