Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (DRAFT) MONDAY, JANUARY 29, 2024 6:30 P.M. CITY COUNCIL CHAMBERS CALL TO ORDER: Gage Simpson – Chair, called the meeting to order at 6:30 P.M. PRESENT: Gage Simpson – Chair, Brad Gallagher – Vice Chair, Brendan Dailey, Jonah Cohen, Shafer Gaston. Otis Maxwell, Chris LaPointe ABSENT: Otis Maxwell, Chris LaPointe STAFF: Aneisha Samuels, Senior Planner, City of Saratoga Springs ANNOUNCEMENT OF RECORDING OF PROCEEDING: The proceedings of this meeting are being recorded for the benefit of the secretary. Because the minutes are not verbatim record of the proceedings, the minutes are not a word-for-word transcript of the recording. Gage Simpson, Chair recognized Cherie Grey and her eight years of service. He congratulated her and thanked her for all of her dedication to the city. Gage also thanked Alice Smith for her two year cycle as an alternate on the board and dedication to the city. ZBA APPLICATIONS UNDER CONSIDERATION: PROCEDURAL BUSINESS: NEW BUSINESS: 1. #20230974, 106 Elm St. Area variance to permit an accessory shed to remain within setback, in the Urban Residential-2 (UR-2) District. Variances sought for 106 Elm : TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED ACCESSORY TO SIDE 5 FT. 0 FT. 100% Aven Aimone, 106 Elm St., owner said they moved in about 14 years ago and the shed was already there. They would like to keep the shed in that same location. Jonah asked what brought the applicant in today. Aven said he only knew about the size limit for the shed because of a permit he was getting for a gazebo that was larger than the permitted 12’ x 12’ and the shed was on the site plan. Gage Simpson, Chair opened the floor for public comment at 6:33 p.m. There were no comments. Public comment was closed at 6:33 p.m. Jonah Cohen made a motion to approve the Area Variance at 106 Elm St., Saratoga Springs, NY. The motion was seconded by Brendan Dailey. G. Simpson -Y, B. Gallagher-Y, B. Dailey-Y, J. Cohen-Y, S. Gaston-Y. Vote 5-0 in favor. Motion carried. 2. #20230968, 65 Ash St. Demo & Construction. Area variance to permit the demolition and reconstruction of a single-family residence with a detached two-story garage within the Urban Residential -3 (UR-3) District. Variances sought for 65 Ash St.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MINIMUM LOT SIZE 6,600 SQ. FT. 4,500 SQ. FT. 2,100 SF (31.8%) MINIMUM AVERAGE WIDTH 60 FT. 30 FT. 30 FT. (50.0%) FRONT SETBACK 10 FT. 1 FT. 9 FT (90%) INTERIOR SIDE SETBACK 5 FT. 4.0 FT. 1 FT. (20%) ACCESSORY TO SIDE 5 FT 4.0 FT. 1 FT. (20%) Tonya Yasenchak, Engineering America represented the applicant, the Metzgers. Tonya said they purchased the property in September of 2023 and the house was in a major state of disrepair. After further evaluation the owners decided it would be too much to repair the property because it had major foundation issues. Tonya said the house was so close to the property line it would have made it difficult to raise the house for a new foundation. The applicant would like to demolish and rebuild the house. Tonya said after the workshop Aneisha asked Tonya to put together a comparison table that shows the existing conditions and relief being sought by the applicant. Tonya went over the chart with the board:  Demolishing house and have to go back to the foundational sizes of the lot – area and width. It’s a pre-existing, non-conforming lot at 4,500 sq. ft. No additional land to be acquired.  Front setback required is10 ft., the existing is .8 ft. The porch roof would be at 1 ft. which is relief of 90% for the over-hang which is consistent with the adjacent houses in the neighborhood.  Interior side setback (west) supposed to be 5 ft., currently .6 ft over the west property line. The difference now is 5.6 ft. and they are asking for 4 ft. to the roof overhang, 5 ft. City of Saratoga Springs - Zoning Board of Appeals – December 11, 2023- Page 2 of 12  to the building so they are asking for 1 ft. They are asking for the 1 ft. instead of shifting the building over because they need space for the driveway along the east side.  East setback – no relief requested. Required 7’, currently exists at 1 ft. and by detaching the garage the 1 ft. goes to the roof of a carport or detached garage. Total side setbacks need to be 12 ft., they’re asking for 8 ft. and are only required to have 7 ft.  Coverage – 40% maximum – they’ll be at 37%, no relief requested.  Impervious surface – no relief.  Asking for a variance for the driveway width of 8 ft.  Asking for relief for the garage width because of the narrowness of the lot and the two- car garage. They are asking for 1 ft. that would be for the overhang. Tonya said they can’t make the garage any smaller, it’s 20 ft. – 22’ to the overhangs. Tonya said there are neighbors who are encroaching over the property line in this area of the backyard, but the applicant is not asking for anything to be changed. Tonya said she doesn’t think there will be any change in the character of the neighborhood for what they’re asking for and will be making the situation much better. Tonya said the width of the house is 16’ and they would like to keep it at that width, no smaller. She said there’s no environmental issues. Bringing the house away from the property line will allow the drainage to land on the property versus the way it is now – some going off property. Tonya showed a sketch of the proposal and photos of the existing house and adjacent properties. Brad Gallagher said the garage is shown as two-story in the back. Tonya said they haven’t designed that yet and wasn’t sure what the applicant planned to do with it. Brad said he would like some clarity on that. Tonya said there are two-story garages in the neighborhood with variances. Brendan Dailey asked Aneisha about the windows because the houses are so close. Tonya said at 4’ they will need a fire rating on the soffit, the building itself will be at 5’ so the wall of the building will not have to be fire rated. They will be allowed to have windows within that wall if it’s 5’. Brendan asked if the large pine tree in the back would have to come down. Tonya said because pine trees have a very shallow root system it may have to come down. Jonah Cohen said there’s not much they can do about the lot area and width, so he appreciates that they provided the chart that shows how they’re improving on the current conditions. Jonah asked if there was a reason that the front setback couldn’t be pushed back further. Tonya said it probably could be, but they were trying to make it even with the other properties. Aneisha said it’s a modified front yard setback, meaning that she gets the average setback from both neighboring properties. Both homes would need to be permitted homes and not illegal. Tonya said she would like to continue down the path of the zoning variance. She said they can measure where the other two houses are to show that what the applicant is asking for is consistent with that average. City of Saratoga Springs - Zoning Board of Appeals – December 11, 2023- Page 3 of 12 Gage Simpson asked Tonya if she’s sure the permeability is good. She said it is, but one foot of the driveway does fall under the roof overhang. Aneisha said the applicant is permitted to have 70% impervious and they are at 65%. Gage Simpson, Chair opened the floor for public comment at 6:56 p.m. The public comment will remain open. Gage said the next meeting is February 12th and the board should have something for the applicant then. CONTINUED BUSINESS: 3. #20230578, 72 S Franklin Demo & Construction 72 S Franklin Area variance to permit the demolition and construction of a new single-family modular home in the Urban Residential - 3(UR-3) District. Edmond Checknicki 4. #20230955, 24 Jumel Place, Porch & Second Dwelling. Area variance to permit the removal and reconstruction of an existing front porch and conversion of garage to second dwelling within the Urban Residential -3 (UR-3) District. 5. #20230464, 174 York Second Story, Extend Footprint. Area variance to permit and expansion to the existing building within the Urban Residential -2 (UR-2) District. 6. #20230808, 86 Ludlow Subdivision Area Variance. Area variance to permit a two-lot subdivision in the Urban Residential-3 (UR-3) District. 7. #20230844, 10 Cottage Area Variance 10 Cottage Street Area variance to permit the construction of a new single-family home to be used as a second dwelling within the Urban Residential -3 (UR3) District Variances sought for 60 Granite: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED SETBACK-FRONT 10 FT 4.9 FT. 5.1 FT (51.0%) INTERIOR SIDE TO NEW 5 FT. 3 FT. 2.0 FT (40%) PORCH ACCESSORY TO SIDE 5 FT. 2.3 FT. 2.7 FT (54%) TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MINIMUM LOT SIZE 8,000 SQ. FT. 7,700 SQ. FT. 300 SQ. FT. (3.8%) MINIMUM AVERAGE 80 FT. 50 FT. 30 FT. (37.5%) WIDTH City of Saratoga Springs - Zoning Board of Appeals – December 11, 2023- Page 4 of 12  TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED FRONT SETBACK 10 FT. 1.9 FT. 8.1 FT (81%) INTERIOR SIDE SETBACK 5 FT. 2.7 FT. 2.3 FT. (46%) TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED CORNER SIDE 30 FT 8.8 FT 21.2 FT (70.7%) TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED REAR 25 FT. 21 FT. 4 FT. (16%) INTERIOR SIDE PORCH 5 FT. 2.5 FT. 2.5 FT. (50%) INTERIOR SIDE BUILDING 5 FT. 4.5 FT. .5 FT (10%) . 7. #20230844, 10 Cottage Area Variance 10 Cottage Street Area variance to permit the construction of a new single-family home to be used as a second dwelling within the Urban Residential -3 (UR3) District Bob Flansburg, Dreamscapes Unlimited represented his client, Steve O’Shea. Bob displayed a sketch of the site plan. The building on the front of the property on Cottage St. is currently a two-family and will become a one-family residence with an in-law apartment. There’s a door on the side coming from the driveway that will become a window. The requirement for an in- law apartment is that can only be one entrance, which in this case will be off the front of the building. There will be a covered porch with one front door. The existing 2-story building is 1,640 sq. ft. of living space. The proposed one-story single-family dwelling to the rear has 1,578 sq. ft. of living space, plus a two-car attached garage for an approximate total of 2,200 sq. ft. Bob said they are also asking for some relief to the rear yard – 16’. The requirement is 25 ft. The neighbors to the north have a covered balcony that is forward of the shaded box on the drawing. They are requesting that the applicant pull the house back even more than 16 ft. to preserve their southern light between the structures. Bob showed photos of the property as it exists today. Looking from the backyard, Bob pointed out 10 Cottage in the foreground. He said the home that they’re proposing is where the outdoor chairs and car are in the photo, next to the detached brown garage to the right. Bob said to the south there’s another detached garage. He pointed out that the location of the new single-family would have very little impact City of Saratoga Springs - Zoning Board of Appeals – December 11, 2023- Page 5 of 12 on either property. Bob showed a photo of the neighbor’s balcony looking from a northeast perspective. Bob said the neighbor’s house at 12 Cottage is very far back on their parcel. The property on the other street behind is very close to the rear of 12 Cottage. Aneisha pulled Cottage St. up on Google Maps. Bob pointed out that 14 Cottage St. is a 50’ wide lot as is 12 Cottage – immediately to the left of 10 Cottage. To the rear of 14 Cottage is a second dwelling (yellow house) that looks larger than the front house at 14. Bob said he pointed this out because they are asking for a single-family house at the back of 10 Cottage which will also be slightly larger than the house in the front. Bob said a precedent for what they are requesting was set with the rear house at 14 Cottage and the main house at 12 Cottage with both houses being set very far back – much closer than 16 feet. Bob said he looked at several properties in the area and there’s a lot of two-family dwellings and finished garages. Bob also pointed out a unique building in the neighborhood, across the street from 10 Cottage, where the apartment house was converted into condominiums. His point is that it’s a unique neighborhood and he doesn’t think they are affecting the density. Bob summarized by saying the O’Shea’s are looking to have the single-family home be their retirement home. Brendan Dailey thanked the applicant for providing more clarity. He asked if it would be necessary to remove any trees in the back. Bob said some trees were removed in the vicinity of the proposed house. Jonah Cohen asked if they were locating the house at 16’ rather than 25’ in consideration of the neighbors at 12 Cottage. Bob said that was the reason, to preserve some of the sunlight for their balcony. Shafer Gaston said he doesn’t have any concern about the setback. He said the board would need to see a calculation of the 60% versus what is being asked with the built plans because that would entail another variance that would have to be approved. Shafer said they would also want an estimation of the relative square footage of the property at 14 Cottage versus 10 Cottage. Shafer said he doesn’t want to approve of something that is significantly more than what is there. Gage Simpson asked if there was an option to tear down the current house and build something more central to the property. Bob said the applicant would like to keep that as is. He said if this house goes forward the owner will improve the sewer with one tie-in at the street instead of two. Gage questioned how the driveway would be used. Bob said they can provide parking within the current driveway. Gage Simpson, Chair opened the floor to public comment at 8:27 p.m. There were no comments. The Public Hearing will remain open. The applicant will be put on the next ZBA Agenda for January 29, 2024. City of Saratoga Springs - Zoning Board of Appeals – December 11, 2023- Page 6 of 12 APPROVA L OF MEETING MINUTES: Brendan Dailey made a motion to accept the October 23, 2023, meeting minutes. The motion was seconded by Shafer Gaston. Motion carried. Vote: 5-0. Brendan Dailey made a motion to accept November 6, 2023, meeting minutes. The motion was seconded by Shafer Gaston. Motion carried. Vote: 5-0. Brendan Dailey made a motion to accept November 20, 2023, meeting minutes. The motion was seconded by Shafer Gaston. Motion carried. Vote: 5-0. MOTION TO ADJOURN: A motion to adjourn was made by Gage Simpson and seconded by Brendan Dailey. There being no further business to discuss, the meeting was adjourned at 8:29 P.M. Respectfully submitted, Donna Gizzi, Recording Secretary City of Saratoga Springs - Zoning Board of Appeals – December 11, 2023- Page 7 of 12