Zoning Board of Appeals
Regular MeetingSaratoga Springs, NY · November 26, 2018
Minutes
ZONING BOARD OF APPEALS
MINUTES
MONDAY, NOVEMBER 26, 2018
7:00 P.M.
CITY CENTER MEETING ROOM 2A
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; Susan Steer;
Cheryl Grey; Brad Gallagher; Oksana Ludd, Alternate
STAFF: Susan Barden, Senior Planner, City of Saratoga Springs
Tony Izzo, Assistant City Attorney
Justin Grassi, Counsel to the Land Use Boards
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:
#3024 FAHY RESIDENCE, 166 Lincoln Avenue area variance to construct a new single-family residence;
seeking relief from the minimum average lot size width and minimum lot size requirement for a second single-family
residence, to permit more than one principal building on a lot and minimum rear yard setback requirements in the
Urban Residential-2 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.
#3062 BYRNE RESIDENCE, 96 Union Avenue/7North Alley, area variance to construct additions to an existing
residence; seeking relief from the minimum side yard and total side yard setbacks for the main house and minimum
front yard, minimum side yard and total side yard setbacks for the carriage house/residence requirements in the
Urban Residential-4 District.
#3052 SARATOGA PIZZA, LLC, PIZZARIA, 44 Jefferson Street, use variance for an eating and drinking
establishment; seeking relief from the permitted uses in the Urban Residential-2 District.
#2914 SAMES MIXED-USE BUILDING, 20 Bowman Street, area variance to convert existing one-story building
to an eating and drinking and add a second-story for a residential unit, seeking relief from the minimum front
and side yard setbacks for the second-story addition and minimum front, side and rear yard setbacks to parking
in the Tourist Related Business District.
#3068 BRANT CARRIAGE HOUSE, 695 North Broadway, area variance to finish the interior of an existing
carriage house for sleeping accommodations; seeking relief to permit finished/habitable space in an accessory
structure in the Urban Residential-1 District.
#3071 CORBETT RESIDENCE, 45 Walton Street, area variance to construct a new front porch addition to an
existing single-family residence; seeking relief from the minimum front yard setback requirement in the
Urban-Residential-3 District.
DISCLOSURES:
Bill Moore, Chairman stated he did view the webcast from the ZBA meeting on November 19, 2018 and feels
comfortable voting on these items.
Oksana Ludd, Alternate, stated she did view the webcast from the ZBA meeting on November 19, 2018 and feels
comfortable voting on these items.
OLD BUSINESS:
1. #3047 STONE MIXED-USE, 68 Weibel Avenue, initiation of Coordinated SEQRA Review associated with
maintenance of existing improvements and uses on a mixed use property seeking relief from the minimum
frontage build-to and build-out and two-story requirements in the Transect-4 District.
This application was heard at the October 29, 2018 meeting and adjourned to November 19, 2018. The public
Hearing was opened and remains open. The Board requested that the applicant submit floor plans and leasing
information. The application was adjourned from the November 19 meeting awaiting submission of information as
requested. Information was requested and submitted on November 20, 2018.
SEQRA:
-Action appears to be an Unlisted Action.
-Planning Board (special use permit and site plan review) and DRC (architectural review) are involved agencies.
-The Board Coordinated Review and deferred Lead Agency to the Planning Board on July 23, 2018.
-The Planning Board accepted Lead Agency and issued a Negative SEQRA Declaration on October 4, 2018.
PARCEL HISTORY:
-Stipulation and Order of Settlement dated May 17, 2018.
AREA VARIANCE CONSIDERATIONS:
REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Frontage build-to: 12-18 ft. 161.2 ft 143.2 ft.
Frontage build-out: 50% 0% 50% (100%)
Minimum two story: Two-story One-story (17,450 sq. ft. total) One story (17,450 sq. ft. total)
Applicant: Tara Stone
Agent: Jon Lapper, Project Attorney; Jeff Anthony, Studio A
City of Saratoga Springs - Zoning Board of Appeals – November 26, 2018 - Page 2 of 12
Mr. Lapper stated the information the Board requested was provided, which include floor plans and description of the
leases. We have two main leases and also the remainder of the leases for the property following approval by the
lessees.
Brad Gallagher thanked the applicant for the information provided.
Ms. Stone stated there is only one vacant space and that was the applicant’s area which is now vacant.
Mr. Lapper stated this is a large site in a prime location. Everything that is being proposed is positive for this location.
PUBLIC HEARING:
Bill Moore, Chairman opened the public hearing at 7:10 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. A resolution will be prepared and presented at the next
ZBA Meeting scheduled for December 10, 2018.
2. #3064 CONNERS RESIDENCE, 87 Ludlow Street, area variance to construct an addition to an existing single-family
residence; seeking relief from the maximum principal building coverage requirements in the Urban Residential-3
District.
This application was heard at the October 29, 2018 meeting and adjourned to November 19, 2018. The public hearing
was opened and remains open. The Board requested that the applicant submit accessory building(s) coverage – pool
and shed and principal building coverages in the neighborhood. The application was adjourned from the November 19
meeting awaiting submission of information requested. Information requested was submitted November 20, 2018.
Agent: Bob Flansburg, Dreamscapes Unlimited
Mr. Flansburg stated the additional information which was requested has been provided to the Board as well as the pool
calculations. A survey of the neighborhood for existing lot coverages was completed. A survey of 26 properties were
reviewed noting that 9 of the properties were over 30 and 17 were under 30. The pool is 5.4% of the coverage.
The total coverage is 34%.
Keith Kaplan, Vice Chairman spoke regarding the pool and the requirement for a 3 foot buffer zone around the pool.
He was under the assumption that this was factored in to the total coverage.
Susan Barden, Senior Planner, City of Saratoga Springs spoke regarding how the calculation is computed for the pool.
Discussion ensued regarding the requested variance, concluding that there was likely dimensional relief required from
the property line to the pool.
Keith Kaplan, Vice Chairman requested a revised denial as well as the possibility of an additional variance for the pool.
Cherie Grey questioned requesting an Advisory Opinion from the DRC, since it is close to a historic district and to assure
it fits in with the neighborhood.
Discussion ensued regarding the applicability of an Advisory Opinion in this case, concluding in board consensus not to
request an Advisory Opinion, since this project is located outside of the designated area for the DRC.
PUBLIC HEARING:
City of Saratoga Springs - Zoning Board of Appeals – November 26, 2018 - Page 3 of 12
Bill Moore, Chairman stated the public hearing was opened and remains open.
Bill Moore, Chairman asked if anyone in the audience who would like to comment on this application. None heard.
Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next
ZBA meeting scheduled for December 10, 2018.
3. #3059 ASKEW MULTI-FAMILY, Station Lane, area variance for proposed multi-family residences; seeking
relief from the minimum frontage build-out in the Transect-5 District.
The application was heard at the November 19, 2018 meeting and adjourned to November 26, 2018. The public hearing
was opened and remains open. No additional information was requested.
NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL
Saratoga County Planning Board referral noted to significant or countywide impacts noted.
PUBLIC HEARING:
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 7:28 P.M.
Keith Kaplan, Vice Chairman presented the following resolution.
#3059
IN THE MATTER OF THE APPEAL OF
Richard Askew
38 Schermerhorn Drive
Lake George, NY 12845
from the determination of the Building Inspector involving the premises on Station Lane in the City of Saratoga Springs,
New York being tax parcel number 165.00-5-76.1 on the Assessment Map of said City.
The appellant having requested an area variance under the Zoning Ordinance of said City to permit the construction of a
multi-family residential development project in the T-5 district. Public notice has been duly given of a hearing on this
application, held from September 24, 2018 through November 26, 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 variance for the following amounts of relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
Minimum Frontage Build-Out 70% 42.7% 27.3% (39% relief)
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The applicant has demonstrated that the benefit cannot be achieved by other means feasible to the
applicant. The applicant notes, “Expanding the building frontage would result in NYSDEC wetland
adjacent area disturbances which have been deemed unfavorable for the project”.
City of Saratoga Springs - Zoning Board of Appeals – November 26, 2018 - Page 4 of 12
The Board notes that the areas of the site which front on Station Lane other than the buildings
themselves and the wetland areas depicted in the application materials include entrance and egress
and relatively minor spacing between the buildings.
The Board finds that the applicant has minimized the degree of the variance requested while
conforming to the intent of the T-5 district: “To accommodate a wide variety of residential and non-
residential uses, building and frontage types. This district also focuses on providing quality streetscape
amenities and civic spaces to enhance pedestrian activity.” Along these lines, public space has been
provided for in the project plan; this has a small incremental impact on this variance, but the Board
finds that eliminating this would be counter to district intent.
Furthermore, the applicant demonstrated that a lesser degree of frontage variance could not have
been achieved by consolidating two of the buildings into one and eliminating the space in between
them; per the applicant, the entrance and egress into the parking area would have had to be moved to
another portion of the road frontage- resulting in the same area not built-out.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The Board notes that the only area of relief
sought by the applicant is on frontage.
As noted by the applicant, “The proposed development is consistent with designs for surrounding
parcel developments and would not create a detriment to said nearby properties or an undesirable
change in the neighborhood character”. The applicant notes this refers to the fact that the arrangement
of buildings fronting the street with spaces between them for access to parking, as proposed in this
project is consistent with the housing project underway nearby on Washington Street, as well as the
Station Park development on the property to the south, currently on hold.
3. The Board notes that the substantiality is mitigated by the fact while the dimensional relief sought is
42% relative to the lot size, if only the portion of the lot allowing improvements was being considered,
the amount of frontage to be built-out would be 86% as per measurements provided with the
application materials.
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood
or district. As noted above, this area of variance is the result of wetlands protection being required on
this property, with a portion of the frontage precluded from development thereby triggering the need for
frontage build-out relief. Confinement of the development from these sensitive areas will limit the
project’s environmental effects.
5. The alleged difficulty is partly self-created insofar as the applicant desires to construct the proposed
multifamily project; however much of the variance is due to wetlands protection requirements which
are outside of the control of the applicant. In any case, self-creation by itself is not necessarily fatal to
an application.
Notes:
• Planning Board special use permit and site plan review required
• Saratoga County Planning Board referral response, “No Significant Countywide or Intercommunity
Impact”, dated Nov. 26, 2018.
• DRC architectural review required
City of Saratoga Springs - Zoning Board of Appeals – November 26, 2018 - Page 5 of 12
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; Susan Steer, in favor; Oksana Ludd, Alternate, in
favor; Cherie Grey, in favor; Brad Gallagher, in favor
MOTION PASSES: 6-0
4. #3066 GIANNINI RESIDENCE, 19 Jumel Place, area variance to construct an addition to an existing single-family
residence; seeking relief from the minimum side yard setback and minimum distance from an accessory to
principal building requirements in the Urban Residential-3 District.
This application was heard at the November 19, 2018 meeting and adjourned to November 26, 2018. The public
Hearing was opened and remains open.
PUBLIC HEARING:
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 7:43 P.M.
Brad Gallagher presented the following resolution.
#3066
IN THE MATTER OF THE APPEAL OF
Adam & Laura Giannini
19 Jumel Place
Saratoga Springs, NY 12866
From a determination of the Building Inspector involving the premises located at 19 Jumel Place in the City of
Saratoga Springs, New York, tax parcel number 166.54-1-4 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 a two-story addition to the rear an existing single-family residence in a UR-3 District and public notice
having been duly given of hearings on said application held on November 19 and 26, 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:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
Minimum Side Yard Setback 4 ft. 2 ft. 2 ft. (50%)
Minimum Distance Accessory 5 ft. 4.1 ft. 0.9 ft. (18%)
As per the submitted plans, or lesser dimensions, be APPROVED for the following reasons:
City of Saratoga Springs - Zoning Board of Appeals – November 26, 2018 - Page 6 of 12
1. The Applicant has demonstrated this benefit cannot be achieved by other means feasible to the Applicant. The
existing residence is pre-existing/non-conforming, as it was constructed at 0.8 feet from the east property line in
approximately 1875. The Applicant advised the Board that there is no additional land available for purchase to
minimize the requested variance. The Applicant has demonstrated that the proposed addition cannot be shifted
to the west because of the existing garage location, and access to the backyard would be limited. Furthermore,
the proposed addition--a family room--has an interior dimension of 13’6” and further reducing its size would
render the room unsuitable for its proposed use. Moreover, the proposed rear landing cannot be modified in
order to minimize the variance request, as a minimum 3 foot landing is required outside the rear exit door of the
residence. Notably, this rear door accesses the mudroom of the house and provides for access to the garage
and rear of the property.
2. Applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood
character or detriment to nearby properties. The residence and lot are pre-existing and non-conforming in width
and the proximity of the eastern property line. Again, the residence was built in 1875 at 0.8’ from the east
property line. The Applicant submitted that the proposed addition will be offset, by a minimum, of 17 inches, and
thus, will be located further from the property line than the existing structure. The Applicant further proposed to
“blend” the addition with the main house in the terms of its character and to retain the consistency of the
neighborhood. The proposed addition is adjacent to the rear property lines of the neighboring properties. The
Applicant has limited the number of windows on the east side of the proposed addition in order to avoid impeding
on the privacy of the adjacent lots. The location of the rear landing is not visible from the street.
3. The Board does not find the variances requested substantial. The proposed side yard setback could be
considered substantial at 50%; however, the proposed addition will not encroach any further into the setback
than the existing residence. The relief from the minimum distance from the accessory building to the principal
residence is not substantial at 18% or 0.9 feet. The request is because the garage roof overhang to the rear step
landing is only 4.1 feet. However, the distance between the wall corner of the garage to the new landing step
exceeds 5 feet.
4. The Applicant has demonstrated that the variances will not have significant adverse physical or environmental
effect on the neighborhood or district. The Applicant has demonstrated that the proposed addition will not have
any adverse effect on the neighboring properties in terms of run-off, drainage or shading.
5. The alleged difficulty is self-created insofar as the Applicant desires to construct the addition, but this is not
necessarily fatal to the application.
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; Susan Steer, in favor; Oksana Ludd, Alternate, in
favor; Cherie Grey, in favor; Brad Gallagher, in favor
MOTION PASSES: 6-0
5. #2787.1 MELVIN RESIDENCE, 1 Jefferson Street, area variance for modification of previous approval for
an addition to an existing single-family residence; seeking relief from the minimum total side yard and rear yard
setback requirements in the Urban Residential-2 District.
Staff has asked the applicant to provide information regarding the shed that is shown in the photos submitted but not
included on the survey. The shed appears to encroach into the side yard setback.
City of Saratoga Springs - Zoning Board of Appeals – November 26, 2018 - Page 7 of 12
This application was heard at the November 19, 2018 meeting and adjourned to November 26, 2018. The public
hearing was opened and remains open.
PUBLIC HEARING:
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 7:49 P.M.
Cherie Grey presented the following resolution.
#2787.1
IN THE MATTER OF THE APPEAL OF
Robert and Stephanie Melvin
1 Jefferson Street
Saratoga Springs NY 12866
In the matter of the appeal from the Building Inspector’s determination involving an addition to a single family residence
at 1 Jefferson Street, in the City of Saratoga Springs, New York, being Tax Parcel
165.84-2-49 on the assessment map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit a rear addition and
entryway with stairs to the existing residence in a UR-1 District and public notice having been duly given of a hearing on
said application held on November 19 and 26, 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 variance for the following amount of relief:
AREA OF RELIEF REQUIRED PROPOSED TOTAL RELIEF
REQUESTED
Minimum total side yard setback: 20’ 11.5’ 8.5’ (43%)
Minimum rear yard setback: 25’ 24.5’ .5’ (2%)
As per the submitted plans, be approved as per this Board’s consideration of the following factors:
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The
applicant had received a variance to construct the addition with a minimum total side yard setback variance
granted for 13’ on October 27, 2014. As per previous resolution, “Applicants have considered other alternatives
to providing a first floor bedroom due to applicant’s difficulty accessing 2nd floor bedrooms and the current
alternative is the minimum square footage feasible for an addition”.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in the
neighborhood character or detriment to nearby properties. Both of these additions are in the back of the house
and not impacting the neighborhood.
3. The relief requested may be considered substantial; however, this is mitigated by the fact that the current
residence is preexisting nonconforming at 1.1 feet from the south property line. The staircase was extended to
make it safer. The change from the variance of 13’ to 11.5’ is not considered substantial at 2%.
City of Saratoga Springs - Zoning Board of Appeals – November 26, 2018 - Page 8 of 12
4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the
neighborhood. Permeability will continue to exceed the required 25% permeability.
5. The difficulty may be considered self-created. However, this is not necessarily fatal to the applicant.
Brad Gallagher 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; Susan Steer, in favor; Oksana Ludd, Alternate, in
favor; Cherie Grey, in favor; Brad Gallagher, in favor
MOTION PASSES: 6-0
NEW BUSINESS:
1.#3069 MCFADDEN RESIDENCE, 40 Lefferts Street, area variance to maintain a constructed deck and build a new
screened porch to an existing single-family residence; seeking relief from the minimum side yard and total side yard
setback requirements in the Urban Residential-1 District.
The applicant submitted a building permit application to remove the existing sunroom and replace with a screened porch.
It was revealed that the deck which the sunroom was on is to be replaced with a screened porch had not been permitted.
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 side yard setback: 12 ft. 5 ft. 7 ft. (58%)
Minimum total side yard setback: 30 ft. 26 ft. 4 ft. (13%)
Applicant: Ryan and Sonia McFadden
Mr. McFadden stated they recently purchased this home. The existing deck on the home has existed for about 30 years.
It is 4 feet too close to the property line of our neighbors. We have been renovating the home. There was an existing
sunroom which was removed. We are proposing to replace the sunroom with a screen porch which is a little smaller
than the sunroom which was removed.
Brad Gallagher questioned the applicant regarding the possible removal of the deck to bring into conformance.
Mr. McFadden stated the cost to bring the deck into conformance would be approximately $5,000.
Susan Barden, Senior Planner stated the Building Inspector requesting the actual setback dimensions be updated on the
survey. The dimensions provided were just scaled from the drawing they are not directly off the survey.
PUBLIC HEARING:
Bill Moore, Chairman opened the public hearing at 8:08 P.M.
City of Saratoga Springs - Zoning Board of Appeals – November 26, 2018 - Page 9 of 12
Bill Moore, Chairman asked if anyone in the audience which to comment on this application.
Sue Davis, SD Atelier Architecture stated she has the architectural drawings since she are working with the McFadden’s
on the screen porch. The screen porch would be a vast improvement over the sunroom. It is a very well built deck. The
applicants have inherited the situation.
Bill Moore, Chairman stated the public hearing will remain open. Once information is submitted the applicants will return
before the Board. The public hearing will remain open.
2. 3070 ISRAEL RESIDENCE, 184 Spring Street, area variance to construct a new front porch addition to an
Existing single-family residence; seeking relief from the minimum front yard setback requirement in the Urban
Residential-3 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: 10 ft. 0 ft. 10 ft. (100%)
Minimum side yard setback: 4 ft. 2 ft. 2 ft. (50%)
Applicant: Adam & Kasia Israel
Agent: Bob Israel
Mr. Israel stated the property is in a historic district. There are extensive interior renovations which are to the Secretary
of the Interior Standards for historic preservation. The exterior of the building renovations will be very minimal. The
applicants are requesting to extend the front porch the entire width of the house along the front property line. Mr. Israel
provided a Sanborn Map from the 1900’s which shows historically a front porch which extended the width of the home.
The porch was removed to accommodate a side entrance to an apartment. The property has had apartments and an
office, but is to be converted to a single-family residence. The applicants will be restoring the porch back to its original
look replicating brackets and railings. The applicants are requesting the variance to accommodate the stairs which will
be on the interior of the porch. There is a six inch overhang onto the sidewalk which has existed. This restoration is
consistent with what has existed in the past.
Bill Moore, Chairman disclosed that he has known Mr. Israel for many years. He has no financial interest in this
application and can make a objective decision on the application.
Keith Kaplan, Vice Chairman disclosed that he has known Mr. Israel for many years as well. He has no financial interest
in this application and can make a objective decision on the application.
Susan Barden, Senior Planner, City of Saratoga Springs stated the variance can only be granted to the property line.
The applicant will then need to apply for an easement from the City for the additional six inches within the ROW.
Susan Steer stated she does live a couple of 100 feet from this residence. She has known Mr. Israel for some time.
She has no financial interest in this application and can make an objective decision on the application.
Cherie Grey also stated that she has known Mr. Israel for some time. She has no financial interest in this application
and can make an objective decision on the application.
City of Saratoga Springs - Zoning Board of Appeals – November 26, 2018 - Page 10 of 12
PUBLIC HEARING:
Bill Moore, Chairman opened the public hearing at 8:19 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. A resolution will be prepared for the next ZBA
Meeting scheduled for December 10, 2018.
4. #3073 BROWN RESIDENCE, 79 Lake Avenue, area variance to convert the existing three-family residence to a
Two-family family and construct a rear addition; seeking relief from the minimum side yard (each side), minimum
Total side yard setback and maximum principal building coverage requirements in the Urban Residential-4 District.
SEQRA:
Action appears to be a Type II action and therefore exempt from further SEQRA review.
PARCEL HISTORY:
-Area variance to construct an addition to an existing three-family residence was heard by the Board on June 11, 2018
and has remained pending.
AREA VARIANCE CONSIDERATIONS:
REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Minimum side yard setback: 20 ft. 1.6 ft. 18.4 ft. (92%)
Minimum side yard setback: 20 ft. 8.25 ft. 11.75 ft. (59%)
Minimum total side yard setback: 45 ft. 9.85 ft. 25.15ft (78%)
Maximum principal building coverage: 25% 29% 4% (16%)
Applicant: Nancy Brown
Agent: Sue Davis, SD Atelier Architecture
Ms. Davis stated the applicant appeared before this Board to convert the existing three-family to a four-family by the
construction of a rear addition. It is a very deep but narrow lot. A visual overview of the site was provided to the Board.
There are very poor soils in this area and it was determined that the rear addition is not structurally sound. This project
will be an owner occupied two family home. The owner has been in contact with the Saratoga Springs Preservation
Foundation to try to obtain a history of the home. We are here today because no matter what alternatives we try we
need a side yard variance. The requirement is 100 foot wide lot and we are at 44 feet. We would like to rebuild within
the footprint which exists. However the floor plan will not work successfully within the footprint so it was designed to
have a limited expansion to allow for proper bedroom sizes.. The proposed project will not be any higher than the
original structure. Current lot coverage is 27% with the existing structure. We are requesting to go up to 29%.
Discussion ensued among the Board regarding the variances requested as well as feasible alternatives.
PUBLIC HEARING:
Bill Moore, Chairman opened the public hearing at 8:52 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 of Appeals – November 26, 2018 - Page 11 of 12
Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next
ZBA Meeting scheduled for December 10, 2018.
APPROVAL OF MEETING MINUTES
Approval of meeting minutes was deferred to the December 10, 2018 Zoning Board of Appeals meeting.
MOTION TO ADJOURN:
There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:53 P.M.
Respectfully submitted,
Diane M. Buzanowski
Recording Secretary
APPROVED 12/10/18
City of Saratoga Springs - Zoning Board of Appeals – November 26, 2018 - Page 12 of 12
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