Zoning Board of Appeals
Regular MeetingSaratoga Springs, NY · November 18, 2019
Minutes
ZONING BOARD OF APPEALS
MINUTES (FINAL)
MONDAY, NOVEMBER 18, 2019
6:30 P.M.
RECREATION CENTER
CALL TO ORDER: Keith Kaplan, Chairman, called the meeting to order at 6:32 P.M.
SALUTE TO THE FLAG:
PRESENT: Keith Kaplan, Chairman; Brad Gallagher, Vice Chairman; Gage Simpson; Matthew Gutch;
Christopher Mills; Suzanne Morris
ABSENT: Cherie Grey
STAFF: Amanda Tucker, Senior Planner, City of Saratoga Springs
Jackie White, 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:
#20190071 STELLATO RESIDENCE, 148 Woodlawn Avenue, area variance for an addition to an existing single family dwelling and
carport addition to the existing carriage house and to permit a dwelling unit as constructed in an accessory structure; seeking relief
from the minimum principal building coverage; maximum number of principal buildings on one lot, minimum lot size requirements, and
maximum setbacks for a principal building in the Urban Residential-3 District.
#20190928 JUSTIN RESIDENCE, 18 Nelson Avenue, area variance to permit a dwelling unit as constructed in an accessory
structure; seeking relief from the total side yard setback in the Rural Residential (RR) District.
#20190687 LOECK RESIDENCE, 4 Cherry Tree Lane, area variance to permit the construction of a dwelling unit in a detached two-
story garage accessory structure for an existing single-family residence; seeking relief from the minimum lot size requirements and
front yard setback in the Rural Residential (RR) 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.
#20190156 MAIORIELLO RESIDENCE, 663 Crescent Avenue, area variance associated with a proposed two-lot subdivision, seeking
relief from the maximum average lot width and minimum lot size requirements for the Rural Residential District.
#20190052 WILLARD RESIDENCE, 832 North Broadway, area variance for a new single-family residence and detached garage;
seeking relief from the minimum front yard setback (Fourth St.) for the detached garage (accessory structure) in the Urban Residential-
1 District.
#20190025 ELDER RESIDENCE, 704 North Broadway, area variance to convert an existing detached garage to
a guest house and construction of a pool cabana; seeking relief from the minimum front yard setback and to permit
more than one principal building on a lot for the guest house and to permit finished space in an accessory structure
for the pool cabana in the Urban Residential-1 District.
ZBA APPLICATIONS UNDER CONSIDERATION
NEW BUSINESS:
1. #20190956 KRISTENSEN RESIDENCE, 200 East Avenue, area variance to construct a detached garage for an existing single
family residence; seeking relief from the minimum side yard setback in the Urban Residential-3 (UR-3) District.
SEQRA:
Action appears to be a Type II action and therefore is exempt from further SEQRA review.
PARCEL HISTORY:
-Accessory coverage is not required at 9.5%.
-Received a variance in 2003 to expand an existing carport by 70 square feet and to allow carport to be converted to living space.
It appears that the garage has been demolished since then. Area variance to permit living space in an accessory structure will not
carry forward to the new garage.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Side yard setback 5 feet 1 foot 4 feet or 80%
Applicant: Michelle Kristensen
The applicant is proposing to construct a two car garage in the rear of their property. Currently they are parking on the road which is
busy street. The proposed location for the garage, after several different iterations, is to avoid and preserve an existing silver maple
tree, avoid casting shadows on a neighbor’s pool and to maintain some green space. They are proposing a side loaded garage
enabling the placement of a turnaround for safe egress from the driveway. Homes in the immediate neighborhood have garages.
Discussion ensued among the Board concerning the applicant’s request and the substantial amount of relief requested, other design
alternatives, proximity to the property line, possibility of front load one car garage.
Amanda Tucker, Senior Planner stated from the Zoning Officer – construction will require one hour fire rating materials and no
openings are allowed within 5’ of the property line.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 6:53 P.M.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
Keith Kaplan, Chairman stated we will keep the public hearing opened. We have asked for no additional information.
A resolution will be prepared and presented at the next ZBA meeting scheduled for December 2, 2019.
2. #20191013 TOBROCKE RESIDENCE, 19 Bog Meadow Run, area variance to construct a detached pool house accessory structure
for use as habitable space for an existing single-family residence; seeking relief to permit finished space in an accessory structure in
the Rural Residential (RR) District.
SEQRA:
Action appears to be a Type II action and therefore exempt from further SEQRA review.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Finished space in Accessory structure Not permitted Permitted 100%
City of Saratoga Springs - Zoning Board of Appeals – November 18, 2019 - Page 2 of 11
Applicant: Toby & Melissa Tobrocke
Mr. Tobrocke stated they have a pool and would like to add an accessory structure (pool house) to add to the enjoyment of the
property. They are proposing a small kitchenette and a half bath with finished space.
Amanda Tucker, Senior Planner, stated per the Zoning Officer’s determination as per the definitions in the zoning ordinance, a kitchen
is among the elements that qualifies this as habitable space.
Discussion ensued among the Board regarding habitable space and the concern with setting a precedent. The Board found the kitchen
portion of the proposal to be of particular concern, with several members opposed to the inclusion of cooking facilities.
Keith Kaplan, Chairman encouraged the applicant to speak to the Building Inspector.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 7:17 P.M.
Keith Kaplan, Chairman asked if anyone in the audience who would like to comment on this application. None heard.
Keith Kaplan, Chairman stated the public hearing will remain open. No additional information has been requested.
A resolution will be prepared and presented at the next ZBA meeting scheduled for December 2, 2019.
3. #20191053 CHAMPAGNE RESIDENCE, 5 Fifth Avenue, area variance to construct a porch addition to an existing three family
residence; seeking relief from the maximum principal building coverage in the Urban Residential-1 (UR-1) District.
SEQRA:
Action appears to be a Type II action and therefore exempt from further SEQRA review.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Maximum Principal Building Coverage 20% 25.0% 5.0% or (20%)
Applicant: Michael and Marsha Champagne
The Champagne’s state this is an owner occupied three family home. Separate entrances exist for each residence. We were granted a
building permit for the addition with the condition that we would remove the rear covered porch. We are here this evening for a
variance for a new 6’ x 7’ entrance at the rear which will replace the previous 6’ x 11’ entrance porch that was removed as part of the
renovations. There will be no changes to the character of the neighborhood for this back porch/entrance.
Discussion ensued regarding the actual figures and the amount of relief requested.
Keith Kaplan, Chairman requested the applicant have their architect provide the actual numbers for the existing and addition
for the total square footage including overhangs for the Boards review.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 7:27 P.M.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application.
Daniel Fleming stated he lives in the neighborhood. This is an extremely nice project and he would like to see it completed.
City of Saratoga Springs - Zoning Board of Appeals – November 18, 2019 - Page 3 of 11
Keith Kaplan, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next ZBA
Meeting scheduled for December 2, 2019.
4. #20190849 OPLINGER RESIDENCE, 28 Bog Meadow Run, consideration to rehear previously denied area variance to maintain a
carport structure as constructed for an existing single-family residence; seeking relief from the side yard setback in the Rural
Residential (RR) District.
Keith Kaplan, Chairman stated we have seen the applicants at a previous meeting for the administrative proceeding.
This district has a requirement that accessory structures have a side setback of 30 ft. the existing is 5 ft., the total relief requested is
25 ft. or 83.3%. What makes this application unique is that it has been before the ZBA previously 17 years ago and the ZBA at that
time rejected the structure which was existing at that point. It still exists as it was not removed after the ZBA determination. The
applicants are currently requesting the Board overrule the previous determination. Under the rules and regulations of the City, the
ZBA must unanimously approve the determination of this matter.
SEQRA:
Action appears to be a Type II action.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Side Yard Setback-Accessory structure 30 ft. 5 ft. 25 ft or (83.3%)
Applicant: Sam Oplinger
Mr. Oplinger stated the Chair provided an accurate overview of the application. The carport exists. The neighbors like it.
It does provide privacy between the neighbors as well as serving as a carport.
Keith Kaplan, Chairman asked if there were any questions or comments from the Board. None heard.
Matthew Gutch disclosed that he has reviewed the previous history of the project prior to the meeting.
Keith Kaplan, Chairman stated no additional information was requested or required.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 7:35 P.M.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
Keith Kaplan, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next ZBA
meeting scheduled for December 2, 2019.
5. #20191030 FLAHERTY RESIDENCE, 172 Fifth Avenue, area variance to remove existing shed and construct a detached pool
house accessory structure for use as habitable space and to maintain an existing single-family residence; seeking relief to permit
finished space in an accessory structure and minimum front yard setback in the Urban Residential-1 (UR-1) District.
SEQRA:
Action appears to be a Type II action and therefore exempt from further SEQRA review.
PARCEL HISTORY:
-Variance for front yard setback for principal structure received 08/04/1999 for 15’ reduced from 30’.
-As built shows 14.2’ front yard setback. Needs additional relief.
City of Saratoga Springs - Zoning Board of Appeals – November 18, 2019 - Page 4 of 11
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Maximum Accessory Structure Coverage 8%. 8.4% 0.4% or (4.8%)
Front Setback (House) 30 ft. 14.2 ft. 15.8 ft. (52.7%)
Finished Space in Accessory Not permitted Permitted 100.0%
Agent: Jesse Boucher, Kodiak Construction
Mr. Boucher stated there is an existing shed in place. The applicants are proposing removal of the existing shed and construction of a
pool house so the family can have a place to entertain. We are looking at beverage refrigerators under the counter top one for adults
and one for children. A wash sink and bathroom with a shower. We are proposing four wide sliding doors facing the pool. A fireplace
with a TV above it. The loft up above for a play area for the children. There is no heat or air conditioning proposed for this space.
Discussion ensued among the Board regarding the possibility of reducing the accessory structure size. The Board members also
stated that this was likely to be made into an apartment, particularly the shower in the bathroom area is a concern as well as the loft
area and overall scale of the structure.
Amanda Tucker, Senior Planner stated the concern of the Zoning Officer does emphasize that the design is extremely similar to a
separate dwelling unit. It will be very easy to convert to an apartment.
Mr. Boucher stated he will speak to the homeowners regarding the placement of an outdoor shower versus indoor.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 7:37 P.M.
Keith Kaplan, Chairman asked if anyone in the audience would like to comment on this application. None heard.
Keith Kaplan, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next ZBA
meeting scheduled for December 2, 2019.
6. #20191050 YOUNG & KENDSERSKY RESIDENCE, 2 Elks Lane, area variance to maintain a dwelling unit as constructed in an
accessory structure; seeking relief from the number of principal structures and minimum average lot width in the Urban Residential-2
(UR-2) District.
SEQRA:
Action appears to be a Type II action and therefore exempt from further SEQRA review.
PARCEL HISTORY:
-Building permit for garage was issued in 2003.
-May 31, 2005 property put up for sale and discovered that the 2nd floor of the garage had been converted to living quarters.
No approvals, permits or inspections authorizing conversion. No C.O. of this space as habitable.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Minimum average width-two structures 120 ft. 100 ft. 20 ft. (16.7%)
Number of principal structures 1 2 100%
Applicant: Barbara Young & George Kendersky
The applicants purchased this home in 2007, invested in the home and placed it back on the market in 2018.
City of Saratoga Springs - Zoning Board of Appeals – November 18, 2019 - Page 5 of 11
During this period it was brought to the attention of the Zoning Officer that there was an existing violation the homeowners were
unaware of going back to 2007. This has been rented out. We would like to keep the existing structure. It will be a huge financial
disadvantage if they are unable to have this on the property.
Keith Kaplan, Chairman stated what we are grappling with is the fact that there are two principal structures on one lot.
The lot is a large lot, there is just an issue regarding the lot width.
Amanda Tucker, Senior Planner stated the building permit was granted for this structure. Once the inspections started it was
established what was being constructed was beyond the scope of the permit. They were in fact installing an apartment. It was not
part of the original drawings, and was not permitted for zoning. The garage never received a C.O. Inspections were never finished.
The apartment has never been permitted nor has a final C.O. been granted.
Discussion ensued among the Board with regard to the property location, its uniqueness and the fact that it is not impactful to the
neighbors.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 8:00 P.M.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
Keith Kaplan, Chairman stated the public hearing will remain open. No further information has been requested. A resolution will be
prepared and presented at the next ZBA meeting scheduled for December 2, 2019.
7. #20191098 BOLDER VENTURES, LLC RESIDENCE, 116/118 High Rock Avenue, area variance to construct two detached one-car
garages for an existing duplex; seeking relief for minimum setbacks from principal structure and minimum side yard setback for an
accessory structure in the Urban Residential-4 (UR-4) District.
SEQRA:
Action appears to be a Type II action and therefore exempt from further SEQRA review.
PARCEL HISTORY:
-Variance for building renovations granted 04/23/2018.
-Accessory coverage – 8.6% of the lot.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Accessory to Principal - 116 20 ft. 5 ft. 15 ft. (75%)
Accessory to Principal – 118 20 ft. 2 ft. (90%)
Accessory to side setback - 116 10 ft. 3 ft. 7 ft. (70%)
Accessory to side setback – 118 10 ft. 3 ft. 7 ft. (70%)
Applicant: Roger Saillant, Boulder Ventures LLC
Mr. Saillant stated the Chair has summarized the project. This property is located across from the 911 memorial up from the Farmers
Market. It is an odd shaped property. Mr. Saillant provided a visual of several options they have entertained for this project.
They are proposing a symmetric placement of the garages. They do not want to incur any further variances nor block the interior light
of the home. A backyard placement would intrude into the backyard space and poses clearance problems with the overhead electrical
wires. Further alternatives reduce the backyard space significantly, impacts permeability with a need for a longer driveway and also
interfere with the overhead power lines. They have discussed the project with their neighbors and they are fine with the project except
they do not want a tall structure. In speaking with our real estate agent they concur that the property should have garages for the
condos.
City of Saratoga Springs - Zoning Board of Appeals – November 18, 2019 - Page 6 of 11
Amanda Tucker, Senior Planner stated as of 5:30 P.M. this evening this requires further investigation. The zoning map is vague.
The original variance was reviewed in two different ways. The first denial shows it as being UR-5 and it was somehow changed to
UR-4. The previous resolution was presented as UR-4 District. To be determined by the Zoning Officer.
Keith Kaplan, Chairman thanked the applicant for providing and presenting alternative designs and a very complete application and
thorough presentation.
Discussion ensued among the Board concerning the amount of relief requested.
Mary Lou Pickney, listing agent stated all prospective buyers want a garage.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 8:20 P.M.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
Amanda Tucker, Senior Planner stated the following correspondence was received:
-Mr. Donald Bookstein.
Keith Kaplan, Chairman stated the public hearing will remain open. No additional information was requested. A resolution will be
prepared and presented at the next ZBA meeting scheduled for December 2, 2019.
OLD BUSINESS:
1. #20190786 FLEMING RESIDENCE, 75 Ludlow Street, area variance for the construction of two porch additions, a swimming pool,
and new detached garage to an existing single-family residence; seeking relief from the minimum front and side yard setbacks,
maximum accessory coverage, and to permit swimming pool in the front yard in the Urban Residential-3 (UR-3) District.
Keith Kaplan, Chairman stated this is a previously opened application. The applicant’s agent will update the Board on the latest
Revision to the site plan. The public hearing was opened and remains open.
Applicant: Dan Fleming
Agent: Tom Frost, Frost Hurff Architecture
Mr. Frost stated there has been a revision to the site plan. A visual presentation was provided to the Board. The major and only
difference to the site plan is there is no swimming pool. The owners decided to remove the pool. We will keep the garage as planned
on the right. We are no longer looking for a variance for lot coverage in terms of accessory structures. We are not looking for lot
coverage for the principal building we are under that. We are down to minor setback variance. The screen porch facing Caroline
Street is a new structure.
Keith Kaplan, Chairman asked if there were any questions or comments from the Board. None heard.
PUBLIC HEARING:
Keith Kaplan, Chairman stated the public hearing was opened and remains open.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
Keith Kaplan, Chairman closed the public hearing at 8:28 P.M.
City of Saratoga Springs - Zoning Board of Appeals – November 18, 2019 - Page 7 of 11
Keith Kaplan, Chairman presented the following resolution.
#20190880
IN THE MATTER OF THE APPEAL OF
Daniel and Jessica Fleming
75 Ludlow St
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 75 Ludlow St. in the City of Saratoga Springs, New York
being tax parcel number 166.61-2-12 on the Assessment Map of said City.
The appellants having applied for an area variance under the Zoning Ordinance of said City to permit the construction of additions to a
single-family residence in a UR-3 District and public notice having been duly given of a hearing on said application held on the 16th day
of September through the 18th day of November 2019.
In consideration of the balance between benefit to the applicants with detriment to the health, safety and welfare of the community, I
move that the following area variances for the following amounts of relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
Minimum Front Yard Setback 10’ 9.25’ 0.75’ or 7.5% relief
Minimum Side Yard Setback 4’ 3.9’ 0.1’ or 2.5% relief
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the applicant. For the side yard
setback variance, the applicants note a pre-existing condition caused by the positioning of the existing house on the property,
given the kitchen portion of the addition extends along an existing wall. For the front yard variance, the Board notes that the lot is
a corner lot, causing the Caroline St side to be evaluated as a front yard.
2. The applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character
or detriment to nearby properties. The Board notes the two setback areas of relief are minor and not visually impactful.
3. The Board finds the two setback variances to be insubstantial in terms of relief required relative to district requirements.
4. These variances will not have significant adverse physical or environmental effect on the neighborhood or district. The lot’s
permeability will well exceed permeability requirements and, as noted above, the variances are minor.
5. The alleged difficulty is self-created insofar as the applicants desire to construct the additions, but this is not necessarily fatal to
the application.
Brad Gallagher, Vice Chairman seconded the motion.
Keith Kaplan, Chairman asked if there was any further discussion. None heard.
VOTE:
Keith Kaplan, Chairman, in favor; Brad Gallagher, Vice Chairman, in favor; Gage Simpson, in favor; Matthew Gutch, in favor
Suzanne Morris, in favor; Christopher Mills, in favor
MOTION PASSES: 6-0
City of Saratoga Springs - Zoning Board of Appeals – November 18, 2019 - Page 8 of 11
2. #20190880 SJK PROPERTIES RESIDENCE, 78 Mitchell Street, area variance to finish a detached accessory structure as
habitable space for a single-family residence; seeking relief to permit habitable/finished space in an accessory structure and
minimum setback for a patio in the Urban Residential-3 (UR-3) District.
Keith Kaplan, Chairman stated this is a previously opened application. The public hearing was opened and remains open.
Applicant: SJK Properties
Agent: Bob Flansburg, Dreamscapes Unlimited
Mr. Flansburg stated the remaining point of discussion was the kitchen area. We have done all we can to assure there is no bathing or
sleeping facilities. With regard to the full kitchen and the possibility of setting a precedent my client is amenable to having the sinks,
dishwashers, refrigeration and warming drawers as opposed to a range.
Keith Kaplan, Chairman stated they had expressed concerns regarding a functioning kitchen versus a warming area. We would be
mindful of imposing conditions to preclude a full functioning kitchen.
NOTE:
Brad Gallagher, Vice Chairman stated he viewed the prior webcast. He is familiar with the application materials and is confident and
able to vote on this application this evening.
Christopher Mills stated he reviewed the minutes of the prior meetings and is familiar with the application materials. He is confident
and able to vote on this application this evening.
Suzanne Morris stated she has reviewed the minutes of the prior meetings and is familiar with the application materials. She is
confident and able to vote on this application this evening.
Keith Kaplan, Chairman stated staff has noted a condition for no commercial events.
Discussion ensued among the Board with regard to the application and the conditioning and wording of the resolution.
PUBLIC HEARING:
Keith Kaplan, Chairman stated the public hearing was opened and remains open.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
Keith Kaplan, Chairman closed the public hearing at 8:54 P.M.
Christopher Mills presented the following resolution.
#20190880
IN THE MATTER OF THE APPEAL OF
SJK Properties
87 Chestnut Street
Boston, MA 02108
from the determination of the Zoning and Building Inspector involving the premises at 78 Mitchell Street, in the City of Saratoga
Springs, New York being tax parcel number 166.70-1-13 on the assessment map of said City.
The applicant having applied for an area variance to finish a detached accessory structure as habitable space, seeking relief to permit
habitable/finished space in an accessory structure in a UR-3 District and public notice having been duly given of a hearing on said
application held on September 23, October 7 and 28, and November 18, 2019.
City of Saratoga Springs - Zoning Board of Appeals – November 18, 2019 - Page 9 of 11
In consideration of the balance between the benefit to the applicant with detriment to the health, safety and welfare of the community,
the Board moves that the following variance for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
Permit finished/habitable space in an Not permitted Permitted 100%
accessory structure
As per the submitted plans 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 central reason
for the application is to construct finished space in the accessory building, primarily to facilitate entertaining during the summer
season. The applicant has demonstrated that there is a need to provide entertainment space outside of the primary
residential structure.
2. The applicant has demonstrated that granting this variance will not produce an undesirable change in neighborhood character
or detriment to the nearby properties. The applicant has noted that the primary use of the accessory building and property will
be seasonally at the peak of the busy track season.
3. The Board notes that the request for finished space in an accessory building is considered substantial at 100%, however, the
substantiality has been mitigated by the conditions, see below.
4. This variance will not have an adverse physical or environmental effect on the neighborhood or district. The size and location
of the structure on the site are within the requirements of the district for an accessory structure.
5. The alleged difficulty is self-created insofar as the applicants desire to construct the additions, but this is not necessarily fatal
to the application.
Conditions:
1. Cannot be used for commercial events, ie. Third party rentals.
2. No cooking facilities shall be permitted. Prohibited cooking facilities shall include but not be limited to stove, range, cooktop,
and oven. However, a warming drawer is permissible.
3. No Bathing facilities.
4. No overnight stays.
Keith Kaplan, Chairman seconded the motion.
Keith Kaplan, Chairman asked if there was any further discussion. None heard.
VOTE:
Keith Kaplan, Chairman, in favor; Brad Gallagher, Vice Chairman, in favor; Gage Simpson, in favor; Matthew Gutch, in favor
Suzanne Morris, in favor; Christopher Mills, in favor
MOTION PASSES: 6-0
APPROVAL OF MEETING MINUTES:
Keith Kaplan, Chairman made a motion to approve the minutes of the October 28, 2019 ZBA meeting with amendments as
submitted.
VOTE:
Keith Kaplan, Chairman, in favor; Brad Gallagher, Vice Chairman, in favor; Gage Simpson, in favor; Matthew Gutch, in favor
Christopher Mills, abstained; Suzanne Morris, abstained
MOTION PASSES: 4-0
City of Saratoga Springs - Zoning Board of Appeals – November 18, 2019 - Page 10 of 11
MOTION TO ADJOURN:
There being no further business to discuss Keith Kaplan, Chairman adjourned the meeting at 9:00 P.M.
Respectfully submitted,
Diane M. Buzanowski
Recording Secretary
APPROVED 12-16-19
City of Saratoga Springs - Zoning Board of Appeals – November 18, 2019 - Page 11 of 11
Agenda
Keith Kaplan, Chair
CITY OF SARATOGA SPRINGS Brad Gallagher, Vice Chair
Cheryl Grey
ZONING BOARD OF APPEALS Matthew Gutch
Christopher Mills
CITY HALL - 474 BROADWAY Suzanne Morris
SARATOGA SPRINGS, NEW YORK 12866 Gage Simpson
Chris Hemstead, alternate
PH) 518-587-3550 FX) 518-580-9480
WWW.SARATOGA-SPRINGS.ORG Kathleen O’Connor, alternate
ZONING BOARD OF APPEALS MEETING
6:30 P.M., MONDAY, NOVEMBER 18, 2019
NOTE LOCATION: RECREATION CENTER, 15 VANDERBILT AVE
DRAFT AGENDA
Salute to the Flag
Roll Call
A. ZBA APPLICATIONS UNDER CONSIDERATION
NEW BUSINESS:
1. #20190956 KRISTENSEN RESIDENCE, 200 East Avenue, area variance to construct a detached
garage for an existing single family residence; seeking relief from the minimum side yard
setback in the Urban Residential - 3 (UR-3) District.
2. #20191013 TOBROCKE RESIDENCE, 19 Bog Meadow Run, area variance to construct a detached
pool house accessory structure for use as habitable space for an existing single-family
residence; seeking relief to permit finished space in an accessory structure in the Rural
Residential (RR) District.
3. #20191053 CHAMPAGNE RESIDENCE, 5 Fifth Avenue, area variance to construct a porch
addition to an existing three family residence; seeking relief from the maximum principal
building coverage in the Urban Residential - 1 (UR-1) District.
4. #20190849 OPLINGER RESIDENCE, 28 Bog Meadow Run, rehearing of a previously denied area
variance to maintain a carport structure as constructed for an existing single-family
Note: This agenda is subject to change. To verify the actual agenda prior to the meeting, please contact the Zoning Office at 587-
3550 extension 2533.
AS OF 11/18/2019 2:52 PM
residence; seeking relief from the minimum side yard setback in the Rural Residential (RR)
District.
5. #20191030 FLAHERTY RESIDENCE, 172 Fifth Avenue, Area variance to remove existing shed
and construct a detached pool house accessory structure for use as habitable space and to
maintain an existing single-family residence; seeking relief to permit finished space in an
accessory structure and minimum front yard setback in the Urban Residential - 1 (UR-1)
District.
6. #20191050 YOUNG & KENDSERSKY RESIDENCE, 2 Elks Lane, area variance to maintain a dwelling
unit as constructed in an accessory structure; seeking relief from the number of principal
structures and minimum average lot width in the Urban Residential - 2 (UR-2) District.
7. #20191098 BOLDER VENTURES, LLC RESIDENCE, 116/118 High Rock Avenue, area variance to
construct two detached one-car garages for an existing duplex; seeking relief for minimum
setbacks from principal structure and minimum side yard setback for an accessory
structure in the Urban Residential - 5 (UR-5) District.
OLD BUSINESS:
1. #20190786 FLEMING RESIDENCE, 75 Ludlow Street, area variance for the construction of two
porch additions, a swimming pool, and new detached garage to an existing single-family
residence; seeking relief from the minimum front and side yard setbacks, maximum
accessory coverage, and to permit swimming pool in the front yard in the Urban Residential
- 3 (UR-3) District.
2. #20190880 SJK PROPERTIES RESIDENCE, 78 Mitchell Street, area variance to finish a detached
accessory structure as habitable space for a single-family residence; seeking relief to
permit habitable/finished space in an accessory structure and minimum setback for a patio
in the Urban Residential – 3 (UR-3) District.
3. #20190071 STELLATO RESIDENCE, 148 Woodlawn Avenue, area variance for an addition to an
existing single-family dwelling and carport addition to the existing carriage house and to
permit a dwelling unit as constructed in an accessory structure; seeking relief from the
minimum principal building coverage, maximum number of principal buildings on a lot,
minimum lot size requirements, and minimum setbacks for a principal building in the
Urban Residential – 3 (UR-3) District.
Adjourned to a later agenda.
Note: This agenda is subject to change. To verify the actual agenda prior to the meeting, please contact the
Zoning Office at 587-3550 extension 2533.
AS OF 11/18/2019 2:52 PM
B. ADJOURNED APPLICATIONS
#20190928 JUSTIN RESIDENCE, 18 Nelson Ave, area variance to permit a dwelling unit as
constructed in an accessory structure; seeking relief from the total side yard setback in the
Rural Residential (RR) District.
#20190687 LOECK RESIDENCE, 4 Cherry Tree Lane, area variance to permit the construction of a
dwelling unit in a detached two-story garage accessory structure for an existing single-family
residence; seeking relief to from the minimum lot size requirements and front yard setback in
the Rural Residential (RR) 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.
#20190156 MAIORIELLO RESIDENCE, 663 Crescent Avenue, area variance associated with a
proposed two-lot subdivision; seeking relief from the minimum average lot width and
minimum lot size requirements for the Rural Residential District.
#20190052 WILLARD RESIDENCE, 832 North Broadway, area variance for a new single-family
residence and detached garage; seeking relief from the minimum front yard setback (Fourth
St.) for the detached garage (accessory structure) in the Urban Residential – 1 District.
#20190025 ELDER RESIDENCE, 704 North Broadway, area variance to convert an existing detached
garage to a guest house and construction of a pool cabana; seeking relief from the minimum
front and side yard setback and to permit more than one principal building on a lot for the
guest house and to permit finished space in an accessory structure for the pool cabana in the
Urban Residential – 1 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 sq. ft. 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.
C. APPROVAL OF MEETING MINUTES:
Note: This agenda is subject to change. To verify the actual agenda prior to the meeting, please contact the
Zoning Office at 587-3550 extension 2533.
AS OF 11/18/2019 2:52 PM
D. UPCOMING MEETINGS
Workshop: November 25, 6:00 PM
Meeting: December 2, 6:30 PM
Workshop: December 9, 6:00 PM
Meeting: December 16, 6:30 PM
GENERAL MEETING GUIDELINES:
• Applicant presentations to the Board will be limited to 15 minutes.
• Public comments from the audience during public hearings will be limited to 3 minutes.
• All speakers will be timed to ensure compliance.
• Individuals may not donate their allotted time to other speakers.
• Please be respectful to the speakers while they are addressing the Board.
• Comments to the Board should relate specifically to the application under consideration and
the review criteria.
• All written comments will be distributed to the Board and made part of the public record.
Note: This agenda is subject to change. To verify the actual agenda prior to the meeting, please contact the
Zoning Office at 587-3550 extension 2533.
AS OF 11/18/2019 2:52 PM
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