Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (DRAFT) MONDAY, FEBRUARY 12, 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: STAFF: Aneisha Samuels, Senior Planner, City of Saratoga Springs, Jackie White, Counsel 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. ZBA APPLICATIONS UNDER CONSIDERATION: PROCEDURAL BUSINESS: 1. #20221085, 140 West Circular St. Modification of a previously granted area variance to permit a rear addition to the existing home in the Urban Residential -2 (UR-2) District. Variances sought for 140 West Circular: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED INTERIOR SIDE 8 FT. 2.5 FT. 5.5 FT. (68.8%) Brad Gallagher recused himself because he lives within close proximity to the applicant’s project. Chuck Marshall disclosed that he is a member of the Planning Board and therefore a City officer. Chuck said he didn’t submit anything but was before the ZBA because the original relief was granted based on the measurement for the foundation, and the eves and driplines of the rear porch infringe upon that by 2”. Aneisha agreed that that was missed with the original measurement that was done to the building wall. She said the applicant is asking for three more inches, but this relief would grant them 5 or 6 inches to cover any potential errors. Nothing with the project has changed, it’s just that the overhangs were not counted or measured when the applicant was granted their variance. Gage Simpson, Chair opened the Public Hearing at 6:33 p.m. No comments were heard. The Public Hearing was closed at 6:33 p.m. A motion was made by Brendan Dailey and seconded by Shafer Gaston to approve the modification of a previously granted area variance at 140 West Circular St., Saratoga Springs. Discussion: Gage asked that there be a reference in the motion to the original approval (resolution), dates, etc. He also asked that clarification of the total variance with the modification be included. Vote: S. Gaston-Y, O. Maxwell-Y, J. Cohen-Y, G. Simpson-Y, C. LaPointe-Y, B. Dailey-Y. Approved, 6-0, motion carried. NEW BUSINESS: 2. #20240003, 190 Woodlawn/23 Greenfield. Area variance to permit the construction of a new single-family residence within the Urban Residential -1 (UR-1) District. Variances sought for 190 Woodlawn/23 Greenfield: (potential modified front setback) TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MAX. PRINCIPAL 28% 34.0% 6.0% (21.4%) COVERAGE SETBACK-FRONT 30 FT. 7 FT. 23 FT. (76.7%) CORNER SIDE 25 FT. 7.5 FT. 18 FT. (72.0%) John Witt, President, Witt Construction represented the applicant, Ken Ellis. John said they are looking to build a single-family home on the property. The home is designed to be the client’s forever home. Aneisha noted that there is an amendment to the applicant’s request, they are no longer seeking front yard relief. Patrick said they qualify for a modified front yard setback, so they are seeking relief for the coverage and corner side setback. John showed a slide of an aerial view of the proposed building lot at the corner of Woodlawn and Greenfield Ave. John said the applicant explored alternative designs and they would not meet some of the components of his clients’ wish list. There was no other property nearby available for purchase. John said the variance will not create a detriment to the neighborhood and fits in size and scale with the neighboring homes, a mix of new, remodeled, and historic homes. John said the variance isn’t substantial in that it is comparable with other homes in the neighborhood and their building coverage. He noted that kitty-corner to the applicant’s lot is the UR-3 zoning district which would allow 12% more coverage which they substantially meet. John said the variance will not have adverse physical or environmental effects on the neighborhood. It is designed and engineered well above the NYS Energy Code standards and requirements. John said the difficulty was self-created in that the home was designed with his clients’ needs in mind to create their forever home. John said the mass and scale of the home fits within the City of Saratoga Springs - Zoning Board of Appeals – February 12, 2024 Page 2 of 12 neighborhood. John showed a slide of the original plan which has been scaled back. He said the setbacks have been reduced. He said the impervious coverage that was originally requested is not needed. John showed a slide of lot coverages of 6 houses in the adjacent neighborhood, the average being 34.2%. John displayed photos of the existing site conditions, renderings of the home and footprint/floorplan. The proposed sq. ft. = 2,400–1st floor, 2,843–2nd floor, porches 773 sq. ft., garage 1,079 sq. ft. Brad Gallagher said he has no issue with the coverages or the project within the context of the neighborhood. Brendan Dailey asked if there was any way to bring the number back down closer to what it should be – they don’t lack space. John said they’re just below the average of the six homes they compared their project to. Brendan said it is a new build though. The lot is 14,000 square feet. Shafer Gaston said he really liked the neighborhood context proposal. Gage Simpson, Chair opened the Public Hearing at 6:55 p.m. The Public Hearing remains open. No additional comments were heard. The next meeting is March 4th and the ZBA should have something for the applicant at that time. 3. #20231044, 28 Warren St. Area variance to permit a renovation and addition to a single- family residence within the Urban residential -3 (UR-3) District. Variance sought for 28 Warren St.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED INTERIOR SIDE 5 FT. 1.5 FT. 3.5 FT. (70.0%) Terry McCarthy, owner of the property, said the existing portion of the structure needs to be replaced, and he is looking to extend it a little further to accommodate a master suite. Terry said he was originally going to build a 2-story addition but decided on one story with an extension so that his master suite and laundry would be on the lower level to avoid stairs due to health issues. He is proposing to extend the existing footprint by 13’. Terry said it’s consistent with other homes in the neighborhood. Brad Gallagher asked if there was some way to move the addition in from the property line. Terry said right now all the plumbing, etc. will be in line with the existing structure. He said if they were to shift things over it would affect the flow of the house and would increase his costs. Brad asked about the foundation. Terry said the addition will have a new foundation. Brad asked about the water drainage off the property. Terry said right now the issue is what comes into his yard from the alley in the back and runs up against his house, which they will have to try and mitigate. City of Saratoga Springs - Zoning Board of Appeals – February 12, 2024 Page 3 of 12 Gage Simpson, Chair opened the Public Hearing at 7:02 p.m. No additional comments were heard. The Public Hearing was closed at 7:02 p.m. A motion was made by Gage Simpson and seconded by Brendan Dailey to approve the area variance requested at 28 Warren St., Saratoga Springs. Discussion: Brad noted the last sentence in number one “planned addition will not encroach further into the interior side setback” should be removed. Brad said in number four it should indicate that the applicant is going to undertake efforts to make sure water is mitigated properly. Vote: S. Gaston-Y, O. Maxwell-Y, J. Cohen-Y, G. Simpson-Y, C. LaPointe-Y, B. Dailey-Y, B. Gallagher-Y. Approved, 7-0, motion carried. 4. #20240006, 126 West Ave. Mixed-Use Extension. Area Variance Extension to permit the construction of a new mixed-use development project in the Transect -4/ UN District. Joe Hens, Engineer Ingalls & Assoc. Joe said they are seeking an extension of a variance that was granted in July 2022 for a proposed mixed-use development at 126 West Ave., the northeast corner of West and Grand Ave. He said the property has a unique shape, so they are seeking a front yard setback variance for the stoops and awnings and side yard setbacks for the parking to accommodate turning movements and the appropriate amount of parking. The proposed project is for office space with a studio apartment above and four townhouse units. Joe said since July 2022 they have been working with the planning board and DRB on approvals and they received site plan approval in December of 2023. Joe said in 2022 there was a concern about light filtering methods for the neighboring residential lot to the east, so they modified the plan to include 21 arborvitae trees along the boundary and downward facing LED lights in the parking area. Gabe asked if there had been any other changes regarding the footprint, height, etc. Joe said there were some adjustments made aesthetically based on DRB feedback, but the rest is the same. Shafer asked what held them up with construction over the past 18 months. Joe said the process with the DRB took longer than they anticipated – the back and forth between the DRB and their architect. Joe said they have mass and scale approval from the DRB and some final elements that need to be selected. Gage Simpson, Chair opened the Public Hearing at 7:09 p.m. No additional comments were heard. The Public Hearing was closed at 7:09 p.m. A motion was made by Shafer Gaston and seconded by Brendan Dailey to approve an extension of the area variance requested at 126 West Ave., Saratoga Springs. Discussion: Gage asked that the previous resolution be referenced in the extension resolution. Vote: S. Gaston-Y, O. Maxwell-Y, J. Cohen-Y, G. Simpson-Y, C. LaPointe-Y, B. Dailey-Y, B. Gallagher-Y. Approved, 7-0, motion carried. City of Saratoga Springs - Zoning Board of Appeals – February 12, 2024 Page 4 of 12 5. #20240010, 131 Middle Ave. Extension Application. Area Variance Extension to permit the construction of a new single-family home in the Urban Residential -2 (UR-2) District. Jesse Boucher, Kodiak Construction represented the homeowners, Kim, and Mike. Jesse said that when the applicants received their original variances they were working with a different builder and building materials were priced inconsistently which put their project over budget. Jesse said they have reviewed the cost of construction with the applicant, and they are able to proceed with building their house. Jesse said there hasn’t been any change to the footprint, size shape, etc. of the building from the previously submitted drawings. Jonah asked if the previous agreement to plant “a large specimen tree in the city right-of-way on Middle Ave. and a small specimen tree in the right-of-way on York Ave.” is still in place. Jesse said yes, the owners have agreed to that. Gage Simpson, Chair opened the Public Hearing at 7:14 p.m. No additional comments were heard. The Public Hearing was closed at 7:14 p.m. A motion was made by Jonah Cohen and seconded by Shafer Gaston to approve the extension of the area variance requested at 126 West Ave., Saratoga Springs. Vote: S. Gaston-Y, O. Maxwell-Y, J. Cohen-Y, G. Simpson-Y, C. LaPointe-Y, B. Dailey-Y, B. Gallagher-Y. Approved, 7-0, motion carried. 6. #20240012, 29 Newton Ave. New Construction. Area variance to permit the construction of a new single-family home in the Urban Residential -2 (UR-2) District. Variance sought for 29 Newton Ave.: (may consider a detached garage) TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED REAR 25 FT. 13 FT. 12 FT. (48.0%) Brad Gallagher recused himself because he has a family member who lives nearby. Dave Morat, Dave Buser represented the application. Dave M. said they are looking to build a family style home near the elementary, ballparks and playground, etc. They said building a home with an attached two-car garage would be suitable for the area and the type of family they envision living in the home. Dave M. said to build the attached garage they will need relief of 13 ft. for the rear setback. Dave M. said the garage would be accessed from Division St. and the front of the house faces Newton (the house will be on the corner of Newton and Division). Dave said the alternative would be a detached garage five feet off the back and five feet off the side. Shafer Gaston said per the UDO a detached garage would not require a variance and asked what the overwhelming need was for a non-conforming attached garage. Dave said it will be a City of Saratoga Springs - Zoning Board of Appeals – February 12, 2024 Page 5 of 12 4-bedroom home and they will likely have children. An attached garage would allow them more mobility and to enter directly into their home. Shafer said he needs to see examples where there are other attached garages within setbacks in the neighborhood to show that it’s consistent. Aneisha asked if there would be living space above the garage. Dave said it will be unfinished living space at this time but could be finished in the future. Aneisha said an attached garage would allow for living space but a detached would not. A detached garage could have an office, gym, etc. Brendan asked the applicant if they will need a curb cut for the driveway. Mike said yes, and they spoke with DPW, and based on the distance from the stop sign, they didn’t foresee any issues. Brendan asked that the applicant come back with comps from the neighborhood/district for attached garages to demonstrate that it fits within the character of the neighborhood. Aneisha noted that the previous home was way within the setback, so the new proposal is an improvement on that. Gage Simpson, Chair said if the applicant were to put in a detached garage without livable space above, they wouldn’t need to come to the ZBA. He asked the applicant to come back with justification and comps as to why the attached garage fits the neighborhood. Gage asked that the applicant submit their info about a week prior to the next meeting on March 4th. Gage Simpson, Chair opened the Public Hearing at 7:28 p.m. The Public Hearing remains open. No additional comments were heard. 7. #20231018 180 Fifth Ave. Area Variance to permit a two-car garage addition to the single- family residence within the Urban Residential 1 (UR-1) District. Variance sought for 180 Fifth Ave.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED SETBACK-FRONT 30 FT. 3.5 FT. 26.5 FT. (88.3%) Bob Flansberg, Dreamscapes Unlimited represented the applicants Bob and Heidi West. Bob said they are seeking a rear setback variance. They have met all the other requirements for the district. Bob noted that a new firehouse was constructed on Henning Road approximately 200 ft. off the rear of this property adding significant lighting. Bob said part of the application is to provide screening from the firehouse for privacy in their backyard. He said when the applicant built the house it was quiet in the back. The applicants are looking to convert their existing 2 car garage into living space. Bob said they are remodeling the home inside to create a mudroom off the back which would be partly in the garage space. Bob said everything is permanently connected with roofs. He said to replace the garage the applicant is proposing to use the existing driveway to pull straight ahead into the proposed 3-car garage. Bob said he has examples of garages that are located 5 ft. from property lines and variances that have been granted up and down Fifth Ave. Bob said in the UR-1 district he found two lots that were 75 width that were granted 5 ft. rear yard setbacks in 2018. He said they have elevations of the City of Saratoga Springs - Zoning Board of Appeals – February 12, 2024 Page 6 of 12 garage that consist of the detached garage, covered walkway into the mudroom, proposed screened porch outside the house, and the covered veranda that’s centered on the existing pool. There’s a solid wall on the back at the 3.8 ft. to provide the screening. Bob showed slides of the elevations and floor plans of the garage. Bob said they have four letters of support on record from neighbors. He showed photos of houses and detached garages on Fifth Ave. that were approximately 5 ft. off the line or closer. Bob showed a photo looking out the back of the applicant’s home and the proximity to the firehouse. Brendan said it doesn’t appear that the project will have that much of an impact, but it is a large number. He asked if there was any way to reduce the relief requested. Bob said they can look at that to see if they can improve on the 3.8 ft. Chris clarified that there was potential for living space above the garage. Bob said there was no plan in place for that, but it is allowed. Shafer asked if there was any consideration for a fence. Bob said they have a 6 ft. fence now but would like something higher that would require a variance. Shafer said because the city built the structure producing the light pollution it’s a much easier ask for a higher fence. He added that if Bob can come up with several comps that are 3.8 ft. or less to the property line in the neighborhood then he would consider it to be in keeping with the neighborhood. Brad said his concern is the 3.8 ft and asked that they pull it in to at least 5 ft. Bob said he thinks he can do that. Gage Simpson, Chair opened the Public Hearing at 7:45 p.m. The Public Hearing remains open. No additional comments were heard. An additional public comment was made regarding this project at the end of the meeting. Robert West, 180 Fifth Ave. addressed Shafer Gaston’s comment regarding fencing and how they should introduce that request into the variance. Robert said the fencing would help to rescale the veranda to try and meet the setback. Aneisha said the applicant can send a modified proposal showing the modified plot plan with the fence and the new position of the wall. CONTINUED BUSINESS: 8. #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%) City of Saratoga Springs - Zoning Board of Appeals – February 12, 2024 Page 7 of 12 TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED 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 Metzger’s. The applicant is looking to demolish the current house and build a new house. The current house is only 16’ wide. Tonya said in some instances they are making the situation better. The house will be further away from the property line on the west side and increasing the front setback. The neighbors to the east have the same exact setback and the applicant will be moving it back a few inches. Tonya said they are proposing a two-car garage in the back and the owners would like the option of building a two-story structure. Tonya said the neighbor directly to the east has a two-story garage attached to the house through a very long breezeway and close to the Metzger’s western property line. The one-foot variance they are asking for the garage is so the applicant can be closer to their western property line which won’t cause any negative detriment to the neighborhood. Tonya said they can’t change the size or width of the lot, which is pre- existing, non-conforming. They are asking for a half foot variance for the driveway so they can fit a car in. Gage Simpson, Chair noted that the Public Hearing was still open. There being no public comment, Gage closed the Public Hearing at 7:52 p.m. A motion was made by Brad Gallagher and seconded by Brendan Dailey to approve the area variances requested at 65 Ash St., Saratoga Springs. Vote: S. Gaston-Y, O. Maxwell-Y, J. Cohen-Y, G. Simpson-Y, C. LaPointe-Y, B. Dailey-Y, B. Gallagher-Y. Approved, 7-0, motion carried. 9. #20230464, 174 York Ave. Second Story, Extend Footprint. Area Variance to permit and expansion to the existing building within the Urban Residential -2 (UR-2) District. Variances sought for 174 York Ave.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED INTERIOR SIDE 8 FT. 2 FT. 6 FT. (75.0%) INTERIOR SIDE 8 FT. 2 FT. 6 FT. (75.0%) City of Saratoga Springs - Zoning Board of Appeals – February 12, 2024 Page 8 of 12 TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MIN. TOTAL SIDE 20 FT. 4 FT. 16 FT. (80.0%) Megan Lombard represented the application for the addition to their home. Megan presented comps for the neighborhood as requested by the ZBA at the last meeting. She said they are hoping to begin construction as soon as possible and have planned to move out of the house during construction. Megan said several neighbors are supportive of the addition. The board members thanked Megan for providing the additional information and had no further questions. Gage Simpson, Chair opened the Public Hearing at 8:01p.m. No additional comments were heard. The Public Hearing was closed at 8:01 p.m. A motion was made by Shafer Gaston and seconded by Brendan Dailey to approve the area variances requested at 65 Ash St., Saratoga Springs. Vote: S. Gaston-Y, O. Maxwell-Y, J. Cohen-Y, G. Simpson-Y, C. LaPointe-Y, B. Dailey-Y, B. Gallagher-Y. Approved, 7-0, motion carried. IN THE MATTER OF THE APPEAL OF Megan Lombard, 174 York Avenue, Saratoga Springs NY, 12866 From the determination of the Building Inspector involving the premises at 174 York Avenue in the City of Saratoga Springs, New York being tax parcel number 166.46-2-48 on the Assessment Map of said City. The applicant having applied for an area variance to permit an expansion to a single-family home in the Urban Residential 2 (UR-2) District and public notice having been duly given of hearings on said application held between August 28th, 2023, and February 12, 2024. 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 REQUIREMENT PROPOSED RELIEF REQUESTED: MINIMUM INTERIOR SIDE SETBACK 8’ 2’ 6’ (75%) MINIMUM INTERIOR SIDE SETBACK 8’ 2’ 6’ (75%) MINIMUM TOTAL SIDE SETBACK 20’ 4 16’ (80%) 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 tothe applicant. The applicant wants to construct an addition to their current home. The lot size and footprint of the house are pre-existing conditions. Bringing the building into compliance would City of Saratoga Springs - Zoning Board of Appeals – February 12, 2024 Page 9 of 12 require significant demolition and reconstruction efforts. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The home is undersized for the neighborhood and adding a second story brings it more into character with surrounding homes. 3. The board notes that the variances requested are substantial but is mitigated by the pre- existing undersized lot and non-confirming setbacks from original construction. 4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. Standard district permeability requirements will be met. 5. The alleged difficulty is considered self-created insofar as the applicant desires to construct the addition; however, this is not necessarily fatal to the application. It is so moved, dated February 12, 2024. 10. #20230955, 24 Jumel Pl. 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. Variances sought for 24 Jumel Pl.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MINIMUM LOT SIZE 8,000 SQ. FT. 7,700 SQ. FT. 300 SF (3.8%) MINIMUM AVERAGE WIDTH 80 FT. 50 FT. 30 FT. (37.5%) FRONT SETBACK 10 FT. 1.9 FT. 8.1 FT (81.0%) INTERIOR SIDE SETBACK 5 FT. 2.7 FT. 2.3 FT. (46.0%) Les Ackerman, Charette Associates & Andy Whalen, property owner. Les said he wanted to thank and acknowledge Aneisha for all her help, “she’s been an excellent resource”. Les submitted additional comps as requested by the ZBA at the last meeting:  5 Jumel Place  13, 13.5 Jumel Place  180-182 East Ave.  207 Caroline St. & 10 Cottage  They requested 18 & 25 Jumel, 99 Ludlow and 167 Lake but nothing conclusive could be found. Secondary comparable.  34 York is in a similar neighborhood – still UR-3, approved by the board 10/2/23 as a secondary dwelling on a similar but more undersized lot than the applicant. City of Saratoga Springs - Zoning Board of Appeals – February 12, 2024 Page 10 of 12 Les said they looked at the leasing situation. He said the owner’s intent is to provide long-term leases for the main home, and the owners would live in the secondary dwelling for about 6 months out of the year. Les said the secondary dwelling law in the UDO permits one of the residences to be occupied by the owner and the other by a tenant. They cannot both be occupied by a tenant. Les said he provided copies of the leases from the owner dated back to when they first started leasing the house: September 1, 2022 to June 2023 - Skidmore Professor, June 30th to July 30th, then back to the Skidmore professor September 5, 2023 to May 5, 2024. The professor intends to renew the lease in September 2024 to May 2025. Les said they looked at other things that could be done to make everyone a little happier. Les said they considered adding to the house and making it a two-family dwelling. He said it’s feasible, but the cost became unmanageable. Les said he provided estimates for connecting with a breezeway and a full two-story addition and the cost increased about $100,000. Les said a lot of the cost came from retrofitting to the current structure. Les said another option is to put a false garage door to make it look more like a carriage house with a garage. Gage Simpson, Chair thanked Les for providing all the additional information and said he had no further questions. Otis asked for clarification about the Skidmore rental. Les said other than the one occasion of a one-month rental when the professor wasn’t there, it has only been family in the house. Shafer noted that the city is on track to passing an ordinance regarding short term rentals, which should alleviate any concerns in the future in that regard. Brad said he still has concerns about the approval. He said they are asking for a second dwelling, not just habitable space (34 York comp) so his position hasn’t changed. Aneisha said Les provided 19 locations at the previous meeting, 10 were just habitable space – not living space, 8 were second dwellings (4 or 5 pre-existing, non-conforming), so five were very similar to what he’s asking for in terms of a second dwelling. Brad said he is not in favor of the proposal. Gage Simpson, Chair opened the floor for public comment and asked the public to keep their comments to 3 minutes. Nancy Dominick, 192 East Ave. Nancy asked if this project is approved, would that mean that 200 East Ave. and 26 Jumel, who both have garages with a second story, would be able to come back before the ZBA and ask for a dwelling over the garage? She said if this second dwelling is built, it will set a precedent and will change the character of the neighborhood. Others will be asking to do the same thing. They will lose their greenspace and be on top of each other. Maryann Adam, 190 East Ave. Maryann asked if the comps that were given to them were the 1920’s version. Aneisha said out of the remaining 9 examples given by the applicant, 4 were non-conforming, pre-existing historic homes, 5 were more recent (built after zoning) and are like what he’s asking for. Maryann is concerned with VRBO and others coming back for second dwellings on their property. Aneisha addressed the example of 200 East Ave. becoming a City of Saratoga Springs - Zoning Board of Appeals – February 12, 2024 Page 11 of 12 second dwelling. She said if it was zoned as such it could become a second dwelling, but if the lot is undersized, they would need to come back before the board for a variance. Sharon Maidment, 194 East Ave. Sharon asked if the comps were looking at apartments over a garage or an actual second dwelling? Aneisha said they were all second dwellings, whether attached or detached, that were undersized lots or needed a variance. Aneisha said it doesn’t matter if the dwelling is attached or detached because the density would be the same – two families living on one parcel. Gage Simpson, Chair closed the Public Hearing at 8:29 p.m. Discussion: Shafer said there are two asks, one to build the porch and the other to build a second dwelling. Replacing the porch would be in keeping with the neighborhood. Shafer said the only reason the applicant needs a variance for the second dwelling is because the lot is pre- existing, non-conforming and smaller than it’s supposed to be with a second dwelling. He said the district was approved as a UR-3 and the lot is smaller than it needs to be for a second dwelling. Shafer said he believes the applicant has proposed a solution to that. Aneisha said the purpose of UR-3 was to facilitate more dense residential growth. The district does permit a second dwelling. Brad added that he will oppose because he feels it doesn’t fit within the context of the neighborhood and that there are other feasible options. A motion was made by Gage Simpson and seconded by Chris LaPointe to approve the area variances requested at 24 Jumel Pl., Saratoga Springs. Discussion: The board talked about moving forward with the motion for a vote. Jackie advised that if this motion doesn’t pass, the applicant has 62 days to bring this application or an amended application back before the board. If no motion carries one way or the other in 62 days after the close of the Public Hearing, then it would be a default denial. Gage added that another motion could be proposed tonight. Gage asked Otis and Chris if they felt up to speed on the application. Otis said he lives fairly close to the property but feels he can be impartial. He said he reviewed the video supporting materials. Chris agreed that he is caught up on this project. Vote: S. Gaston-Y, O. Maxwell-Y, J. Cohen- Y, G. Simpson-Y, C. LaPointe-Y, B. Dailey-N, B. Gallagher-N. Approved, 5-2, motion carried. Gage Simpson, Chair concluded the meeting at 8:46 p.m. Respectfully submitted, Donna Gizzi, Recording Secretary City of Saratoga Springs - Zoning Board of Appeals – February 12, 2024 Page 12 of 12