Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (DRAFT) MONDAY, SEPTEMBER 23, 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, Shafer Gaston, Otis Maxwell, Jonah Cohen, Brendan Dailey, Brad Gallagher & Chris LaPointe ABSENT: Chris Maslak (Alternate), Robert West (Alternate) STAFF: Aneisha Samuels, Senior Planner, Jackie White, Counsel, City of Saratoga Springs 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: NEW BUSINESS: 1. #20240726 132 Kaydeross Park Enclosed Porch. Area variance to permit the construction of an enclosed porch/sunroom in the PUD. 2. #20240725 26 Newton Single Family Construction. Area variance to permit the construction of a single-family home in the Urban Residential- 2 (UR-2) District. 3. #20240724 74 Fifth Ave. Demo & Construction of a single-family home. Area variance to permit the construction of a single-family home in the Urban Residential – 1 (UR-1) District. CONTINUED BUSINESS: 4. #20240679 5 Leaward Way, shed. Area variance to permit the placement of a shed in the Rural Residential – RR District. 5. #20240649 93 Fifth Ave. addition and alterations. Area variance to permit the renovation of an existing single-family home in the Urban Residential -1 (UR-1) District. 6. #20230497 77 Franklin SF Residence Construction Area Variance. Area variance to permit the construction of a single-family home within the Urban Residential-3 (UR-3) District. 7. #20240558 3 Sunrise Dr. porch and garage. Area variance to permit a garage addition to the 8. #20240552 9 Greenridge Place Garage Construction. Area variance to permit the construction of a garage with finished space within the Urban Residential – 2 (UR-2) District. NEW BUSINESS: 1. #20240726 132 Kaydeross Park Enclosed Porch. Area variance to permit the construction of an enclosed porch/sunroom in the PUD. ADJOURNED. NO ONE PRESENT TO REPRESENT THE APPLICATION. Variances sought for 132 Kaydeross Park: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED REAR 25 FT. 20 FT. 5 FT. (20%) 2. #20240725 26 Newton Single Family Construction. Area variance to permit the construction of a single-family home in the Urban Residential- 2 (UR-2) District. Variances sought for 26 Newton: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MAX PRINCIPAL COVERAGE 40% 41% 1% (2.5%) INTERIOR SIDE (ONLY 8 FT. 6 FT. 2 FT. (25%) REQUIRED TO SIDE STEPS) Dave Ingalls, Ingalls & Associates represented the applicant, Dominick Carelli. Dave said that the two variances are based on the non-conforming lot that was created in 1902 in the Bennington T. subdivision. The minimum lot area per the UDO is 6,600 sq. ft. and they are proposing 6,000 sq. ft. The lots are 50 ft. x 120 ft. The building is within the setbacks. The side setback request is based on the stairs that are an extension of the structure. The front of the house will be facing Newton Ave. making the two sides on Division St. which does meet the 10 ft. setback. The second set of stairs on the side will be 6 ft. off the southerly property line for a variance of 2 ft. The rear, to the east side of the lot is conforming. There is about 42.4% of impervious area (maximum 70%) which is the structure and the driveway. Aneisha said the applicant requested a total side variance, but it is not required for a corner lot. Brendan asked if the stairs could be repositioned to eliminate that variance. Dave said they could consider coming out to a landing and turning the stairs 90 degrees to run parallel with the house. Chris said if they were able to reduce the coverage by .3% and turn the stairs like suggested, no variances would be required. Otis asked if there was a driveway on Newton. Dave said the previous owner had a gravel driveway there. Gage asked that the applicant rotate the stairs and come back with comps showing that the house is an appropriate size on an undersized lot in the neighborhood. Gage Simpson, Chair opened the Public Hearing at 6:44 p.m. There were no public comments, and the Public Hearing will remain open. 3. #20240724 74 Fifth Ave. Demo & Construction of a single-family home. Area variance to permit the construction of a single-family home in the Urban Residential – 1 (UR-1) District. Variances sought for 74 Fifth Ave.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED City of Saratoga Springs - Zoning Board of Appeals – September 23,, 2024 Page 2 of 8 TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MAX PRINCIPAL COVERAGE 28% 34% 6% (21.4%) SETBACK FRONT 30 FT. 19 FT. 11 FT. (36.7%) MAY HAVE A MODIFIED FRONT SETBACK OF 23.9 REAR 30 FT. 24 FT. 6 FT. (20%) INTERIOR SIDE 12 FT. 10 FT. 2 FT. (16.7%) MINIMUM TOTAL SIDE 30 FT. 23 FT. 7 FT. (23.3%) Vince Deleonardis, Mike Tuck & Mike Albrecht, Balzer Tuck represented the applicant. Vince said they are requesting the variances to allow for the demolition of the existing structure and construction of a new single-family home. The property is located on the south side of Fifth Ave. abutting the Oklahoma training track. Vince showed photos of properties in the neighborhood. Of the 25 properties abutting the Oklahoma training track on the south side, only one meets zoning requirements for the UR-1 zoning district. Vince said the lot and structure at 74 Fifth Ave. are non- conforming. The lot is 75 ft. in width and zoning requires 100 ft. The lot size is 7,500 sq. ft. and a minimum of 12,500 sq. ft. is required. More than 95% of the lots on the south side abutting the training track are undersized, making it difficult for owners to utilize them in a realistic manner and requiring zoning variances. Vince said there have been a number of variances over the years for properties in this area. He said 74 Fifth Ave. received an area variance in January of 2023. The property sold and the new owner wants to build a single-family residence at that location. Vince said he believes the relief sought is consistent with other variances that have been granted in the neighborhood. Vince said the new structure they are proposing to build will be more in compliance with the UR-1 requirements than the existing structure or the approval granted a year ago. Vince showed charts of differences in compliance and comps for existing structures in the area. He said there’s a 40 ft. height allowance which would have allowed the applicant to minimize some of the relief sought but they’re being mindful of the community character and context. Mike Albrecht showed slides of the existing survey with the current structure and an overly with the proposed new structure. Mike showed an overlay with the previously approved variance and a property at 70 Fifth Ave. that was approved for variances and is currently under construction. Mike showed slides of elevations for the proposed construction. Otis Maxwell noted that the front setback allowed 23.9 ft. which was based on an average of comps provided for the previously approved application. He said he would have liked to have seen those numbers included in the presentation. Vince said the 23.9 ft. is not based on the previous application. It is a new figure based on the average of the existing properties immediately to the east and west of the subject property. Shafer said he appreciates the improvement on most of the non-conforming dimensions. He asked how the square footage compares to neighboring structures. He would like to know the percentage of coverage and the building size. Vince said the property at 70 Fifth Ave. the variance for building coverage was at 33.9% and this building is 34%. He said both lots are equal in size at 7,500 sq. ft. The footprint is nearly identical in square footage. Chris asked the building height on the proposed structure. Answer – 21 ft. Brad said he appreciates the comparison to the previously approved variance and the improvements that were made. He said anything they can do City of Saratoga Springs - Zoning Board of Appeals – September 23,, 2024 Page 3 of 8 to reduce the percentages on the current ask would be helpful. Brendan said he appreciates the presentation and the design for the new structure looks nice. Jonah asked if the modified front setback was already approved. Aneisha said the applicant doesn’t qualify for the modified front setback because the applicant has not supplied the supporting information. She said a front yard setback for 21 ft. was previously granted, but the applicant has not followed through with the modified front yard setback requirements. She said if no variances were to be approved, the applicant would still have the 21 ft. Gage said they were previously approved closer to the rear yard for a patio, not a structure that could possibly block a neighbor’s view. He said he understands that they’re not going further than approved but they will be building a larger structure. Gage Simpson, Chair opened the Public Hearing at 7:05 p.m. Len Fusco, 72 Fifth Ave. said his previous concern was the sightline to the Oklahoma Track. He said he met with the owner and architect for 74 Fifth Ave., and they went over the design. They moved the grill to the other side which will not interfere with his view. He’s in full support of the plan. Gage Simpson, Chair hearing no further comments closed the Public Hearing at 7:07 p.m. Otis Maxwell made a motion to approve variances for demo and construction of a single-family home at 74 Fifth Ave., Saratoga Springs, NY. The motion was seconded by Jonah Cohen. Discussion: Aneisha said the asterisk should be removed and Item 3 where the 23.9 ft. is mentioned should be 21 ft. Should say “the board finds the maximum principal coverage to be substantial, however it’s mitigated by the undersized lot as mentioned above”. #2, second sentence should say “the applicant provided comparable properties with similar coverage and dimensions”. Vote: O. Maxwell-Y, J. Cohen-Y, G-Simpson-Y, B. Gallagher-Y, S. Gaston-Y, Brendan Dailey-Y, C. LaPointe-Y. 7-0, Motion Carried. CONTINUED BUSINESS: 4. #20240679 5 Leaward Way, shed. Area variance to permit the placement of a shed in the Rural Residential – RR District. Variances sought for 5 Leaward Way: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED ACCESSORY TO SIDE 30 FT. 20 FT. 10 FT. (33.3%) Kara Gentile, homeowner was present to represent the application. Gage Simpson, Chair said the public hearing was still open at 7:15 p.m. Hearing no public comments, the Public Hearing was closed at 7:15 p.m. Chris LaPointe made a motion to approve an area variance for the placement of a shed at 5 Leaward Way, Saratoga Springs, NY. The motion was seconded by Brendan Dailey. Discussion: #1, second sentence add “taking into account the topography”. Kara Gentile approached the board and said her husband was able to reduce the ask to 6 ft. instead of 10 ft. Proposed for accessory to side is now 24 ft. (6 ft=20% & not substantial). Vote: O. Maxwell-Y, J. Cohen-Y, G-Simpson-Y, B. Gallagher-Y, S. Gaston-Y, Brendan Dailey-Y, C. LaPointe-Y. 7-0, Motion Carried. City of Saratoga Springs - Zoning Board of Appeals – September 23,, 2024 Page 4 of 8 5. #20240649 93 Fifth Ave. addition and alterations. Area variance to permit the renovation of an existing single-family home in the Urban Residential -1 (UR-1) District. Variances sought for 93 Fifth Ave.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED INTERIOR SIDE 12 FT. 9 FT. 3 FT. (25%) CORNER SIDE 25 FT. 0 FT. 25 FT. (100%) MIN TOTAL SIDE 30 FT. 21 FT. 9 FT. (30.0%) Mike Tuck, Balzer Tuck Architecture represented the applicant. Mike said they didn’t have much homework since their last appearance before the board, but they did submit a letter explaining that the applicants want to be good neighbors, and they will mitigate any concern for the paved area along the side of the garage. They talked about reducing the width of the paved area which would reduce the total square footage. They will also consider adding a planted berm between the two properties to keep water from going to the neighbor’s property. Gage said all of the mitigation measures in the letter say they “will explore the option”. He asked if they could use stronger language. Mike said they haven’t had a chance to look at the cost and practicality of the measures. He said the intent is to show good faith to the neighbor that the issue will be resolved using one or all three of the options. Gage Simpson, Chair said the Public Hearing is still open if anyone wished to comment. Hearing no comments, the Public Hearing was closed at 7:23 p.m. Gage Simpson made a motion to approve area variances to permit the renovation and alterations of a single-family home at 93 Fifth Ave., Saratoga Springs, NY. The motion was seconded by Shafer Gaston. Discussion: A note will be added that the applicant will work with the neighboring property to prevent flooding and offer water mitigation. Vote: O. Maxwell-Y, J. Cohen-Y, G-Simpson-Y, B. Gallagher-Y, S. Gaston-N, Brendan Dailey-Y, C. LaPointe-Y. 6-1, Motion Carried. 6. #20230497 77 So. Franklin St. SF Residence Construction Area Variance. Area variance to permit the construction of a single-family home within the Urban Residential-3 (UR-3) District. Tonya Yasenchak, Engineering America represented the owners of the property Mr. & Mrs. Holloway. Tonya said they made their application in 2023, and they still had some things to work on with the site and the house. She said the previous owner received variances for the property along Cobb Alley in 2018. Since that time there have been properties developed along Cobb Alley, one being the Schmidt’s who Tonya worked with to straighten out some variance issues and are present tonight. The Holloway’s home is at the corner of So. Franklin and Cobb Alley. The Holloway’s purchased additional land from their neighbors to add to their lot and reduce the variances they needed. They were also able to reduce the variances that had been granted to the previous owner. Tonya listed what the variances were and how they’ve made the situation better: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED City of Saratoga Springs - Zoning Board of Appeals – September 23,, 2024 Page 5 of 8 TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED PERMEABILITY 70% (82.0%) WAS (53.0%) NOW NO VARIANCE NEEDED MAXIMUM BUILDING 40% 65% WAS COVERAGE 49.4% NOW 9.4% (23.5%) FRONT SETBACK TO THE 10 FT. 2 FT. WAS 2 FT. (80%) COBB ALLEY 6 FT. NOW 4 FT. (40%) REAR SETBACK 25 FT. 14 FT. WAS 16.7 FT. NOW TO 8.3 FT. (33%) THE PATIO. INTERIOR SIDE SETBACK 5 FT. NO VARIANCE NEEDED 6 FT. NOW CORNER SIDE TO FRANKLIN 8 FT. 8 FT. WAS 8 FT. (100%) NOW 6 FT. (75%) 2 FT. TO PORCH ROOF OVERHANG Tonya said they have reduced the number of variances from 6 to 4 and reduced the relief requested for all 4 variances. She said the variances requested will not have an undesirable change in the neighborhood. Seeing a residential home at the corner of the property will add value to the community aesthetically as well as to the other homes. Tonya said when her clients purchased the property next to them there were two lots, now there’s only one, which decreased the density of the neighborhood. Instead of 4 lots there will be three, more space between the homes and more greenspace. Are the variances substantial? A number of the variances from 2018 were reduced as well as the percentages. Are there any adverse physical or environmental impacts on the neighborhood? No, they have more land and less coverage. The roof slopes are such that the drainage will stay on the property. Tonya said she included what the house will look like in the packet that she submitted. She said it was designed to have a good aesthetic from Cobb Alley and So. Franklin St. The garage will be off of Cobb Alley and there will be a porch on So. Franklin which is consistent with what is happening on that street. Shafer said he appreciated the very thorough application, and all of his questions were answered in the presentation. Otis asked to see the photos Tonya brought. The board members all said they appreciated the reduction in variances and that the proposed new home will complete the streetscape. Aneisha said the variances that were permitted to build on a smaller lot have expired so that will have to be considered by the board as an additional area of relief. Gage Simpson, Chair opened the public hearing at 7:43 p.m. Bill Moore, a neighbor on Cobb Alley said it was a great project! Mr. Schmidt lives in the new house that was just built on So. Franklin. He said that he is looking forward to the Holloway’s building their home and continuing to develop the street. Hearing no further public comments, Gage Simpson, Chair closed the public hearing at 7:44 p.m. City of Saratoga Springs - Zoning Board of Appeals – September 23,, 2024 Page 6 of 8 Shafer Gaston made a motion to approve the variances at 77 So. Franklin St., Saratoga Springs, NY. The motion was seconded by Chris LaPointe. Discussion: at the end of #1 add “the board notes that additional property was purchased to reduce the magnitude of the variances”. #2, second sentence change to “the applicants provided nearby comparable dimensions”. Vote: O. Maxwell-Y, J. Cohen-Y, G-Simpson-Y, B. Gallagher-Y, S. Gaston-Y, Brendan Dailey-Y, C. LaPointe-Y. 7-0, Motion Carried. 7. #20240558 3 Sunrise Dr. porch and garage. Area variance to permit a garage addition to the existing single-family home in the Urban Residential – 1 (UR-1) District. Variances sought for 3 Sunrise Dr.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED SETBACK FRONT 30 FT. 21 FT. 9 FT. (30.0%) INTERIOR SIDE 12 FT. 9 FT. 3 FT. (25%) Applicant to provide plot plan & illustration for modified front setback. Bob Flansburg, Dreamscapes Unlimited represented the applicant. Bob said he was asked by the ZBA two weeks ago to bring back comparable properties in the neighborhood. Bob said in drawing up their plot plan he discovered that they were asking for 9 ft. from the required 12 ft. on the left side and it’s now 10 ft. The Saratoga Springs United Methodist Church parking lot is located to the rear of his client’s property. Bob said he walked through 29 properties between Fifth and Caroline and presented a slide and gave a brief overview of the comps which were submitted for the record. Jonah asked staff if there had been a determination about the modified setback. Aneisha inaudible. Gage Simpson, Chair said the public hearing was still open. There were no public comments, and the hearing will remain open. The board expects to have something for the applicant at the next meeting on October 7th. 8. #20240552 9 Greenridge Place Garage Construction. Area variance to permit the construction of a garage with finished space within the Urban Residential – 2 (UR-2) District. Variances sought for 9 Greenridge Place: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MAX PRINCIPAL COVERAGE 40% 46% 6% (15%) DISTANCE FROM DRIVEWAY TO 20 FT. 15 FT. 5 FT. (25%) GARAGE TO ALLEY Nicholas Denno (applicant did not state their name, this is information from the previous meeting). The applicant is not speaking into the mic. Information from the previous meeting – City of Saratoga Springs - Zoning Board of Appeals – September 23,, 2024 Page 7 of 8 the applicant was asked to return with comparable garages in the neighborhood and make sure the eaves are included in their calculation. Shafer clarified what the applicant was asking for – 44% building coverage, a ½ bathroom (sink, toilet & vanity) on the second floor in a non-habitable auxiliary structure; no cooking, bathing or overnight stays. Shafer said of the 5 properties provided as comps, the one on Lincoln Ave. is in the neighborhood. The other four are not because they’re on the other side of town. He said the garage around the corner is of comparable size, but without looking at it he’s not certain there’s plumbing going to it. He would like to see some structures that appear similar to what is being proposed in the vicinity, even if they’re not the same size. Shafer said the 100% variance for the plumbing going into the building is a large ask. He said he would need to see a similar arrangement in the neighborhood. Brendan said if the bathroom is on the first floor there’s no problem. Aneisha said if it were to be on the second floor a variance is required. Brad asked why they are asking for more of a percentage than they need. He said he would be comfortable granting what is actually needed. He agreed with Shafer on the neighborhood context for the comps. Gage summarized that the applicant was able to move the garage so there’s no rear setback and there’s enough room between the house and the garage. He said the next meeting is October 7th and asked the applicant to come back with comps that are closer to his property. Nicholas offered to put the plumbing on the first floor which would eliminate the plumbing variance. This move satisfied the board and they moved for a resolution. Shafer Gaston made a motion to approve the variance at 9 Greenridge Pl., Saratoga Springs, NY. The motion was seconded by Brendan Dailey. Discussion: add in statement 1 that there’s no additional land available for purchase. Vote: O. Maxwell-Y, J. Cohen-Y, G-Simpson-Y, B. Gallagher- Y, S. Gaston-Y, Brendan Dailey-Y, C. LaPointe-Y. 7-0, Motion Carried. Gage Simpson, Chair said the public hearing was still open. There were no comments, and the public hearing was closed at 8:25 p.m. Gage Simpson, Chair concluded the meeting at 8:29 p.m. Respectfully submitted, Donna Gizzi, Recording Secretary City of Saratoga Springs - Zoning Board of Appeals – September 23,, 2024 Page 8 of 8