Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (DRAFT) MONDAY, JANUARY 27, 2025 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, Brendan Dailey, Vice Chair, Chris LaPointe, Jonah Cohen, Shafer Gaston, Otis Maxwell & Amanda Demma ABSENT: Chris Maslak (Alternate), Robert West (Alternate) STAFF: Aneisha Samuels, Senior Planner, Jackie White, Counsel, City of Saratoga Springs Gage Simpson, Chair welcomed new board member Amanda Demma. He announced that Brendan Dailey is the new Vice Chair and that this will be Aneisha Samuels last meeting with the ZBA as she will be leaving to pursue other things. 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. #20241002 138 Jefferson Variance Extension. Area variance extension to permit the existing garage to remain in the current location in the Urban Residential-2 (UR-2) District. Joanne Merriman, applicant said she was previously granted a variance for the setback for her garage. She said the garage had been there for many years but when the builder added siding and changed the structure it was sitting too close to the 5 ft. setback. The builder did move it but not far enough. Also, the builder didn’t have a building permit when he changed the structure from a carport to a more moveable structure, so Joanne is working to get that. She said her application was on time, but she needs the variance extension for the building permit so it’s in place when the inspection is done. Jonah confirmed that there were no changes to the condition of the garage or property. Joanne said nothing has changed since she received her variance. Gage Simpson, Chair opened the Public Hearing at 6:34 p.m. No comments were heard, and the Public Hearing was closed at 6:35 p.m. Jonah Cohen made a motion to approve an area variance extension for 138 Jefferson Ave., Saratoga Springs, NY for a period of 18 months from the expiration date of December 18, 2024, to June 18, 2026. The motion was seconded by Chris LaPointe. B. Dailey-Y, S. Gaston-Y, A. Demma- Y, C. LaPointe-Y, O. Maxwell-Y, J. Cohen-Y, G. Simpson-Y. 7-0, motion carried. 2. #20250038 64 Dyer Switch Rd. Extension. Area variance extension to permit a recreation game court in the Rural Residential (RR) District. Name of applicant? (not speaking into the mic). Nothing has changed since the initial approval; timing has been off. They are hoping to start construction next year. Jonah asked if there were any changes to the property since the original approval. The applicant said there were none. Gage Simpson, Chair opened the Public Hearing at 6:38 p.m. No comments were heard, and the Public Hearing was closed at 6:38 p.m. Jonah Cohen a motion to approve an area variance extension for 64 Dyer Switch Rd., Saratoga Springs, NY by 18 months from the date the original variance expires, April 26, 2025, to October 26, 2026. The motion was seconded by Brendan Dailey. B. Dailey-Y, S. Gaston-Y, A. Demma-Y, C. LaPointe-Y, O. Maxwell-Y, J. Cohen-Y, G. Simpson-Y. 7-0, motion carried. NEW BUSINESS: 3. #20250016 128-130 Clinton St. SSPF Signage. Area variance to permit the placement of signs within the Urban Residential – 3 (UR-3) District. 4. #20240977 722 N Broadway, 49-51 Bryan Garage Construction. Area variance to permit the construction of a garage in a Split Zone (UR-1/UR-2) District. 5. #20240976 147 Jefferson St. Addition. Area variance to permit an addition to the existing single- family home in the Urban Residential – 4 (UR-4) District. CONTINUED BUSINESS: 6. #20240864 81 Phila St. 2-family construction. Area variance extension to permit the construction of a single-family home in the Urban Residential – 4 (UR-4) District. 7. #20240837 328 Caroline St. Addition and Garage Construction. Area variance to permit the construction of a single-car garage in the Urban Residential – 1 (UR-1) District. NEW BUSINESS: 3. #20250016 128-130 Clinton St. SSPF Signage. Area variance to permit the placement of signs within the Urban Residential – 3 (UR-3) District. Samantha Bosshart, Saratoga Springs Preservation Foundation represented the application. The Foundation purchased the two properties (similar to their project at 65 Phila St.) and are fundraising to raise awareness about the importance of preserving these structures. They are seeking relief to erect 2 temporary signs without having an active building permit until they sell the properties. Samantha said they had to move quickly with the purchase of the properties and weren’t able to start the design process in advance of the purchase. They are looking to raise awareness and donations and would like to recognize people involved with the project as they move forward. Shafer asked how long she anticipated it would be before they got a building permit. Samantha said they are City of Saratoga Springs - Zoning Board of Appeals – January 27,, 2025 Page 2 of 6 hoping to contract with a design professional and get a building permit by this spring but definitely within the next 6 months. Otis asked the dimension of the signs. Samantha said they would be less than allowed, they’re just seeking the variance for permission to place them without a building permit. Gage Simpson, Chair opened the Public Hearing at 6:45 p.m. No comments were heard, and the Public Hearing was closed at 6:45 p.m. Shafer Gaston made a motion to approve an area variance to permit the placement of 2 temporary signs at 128-130 Clinton St., Saratoga Springs, NY. The motion was seconded by Jonah Cohen. B. Dailey-Y, S. Gaston-Y, A. Demma-Y, C. LaPointe-Y, O. Maxwell-Y, J. Cohen-Y, G. Simpson-Y. 7-0, motion carried. 4. #20240977 722 N Broadway/49-51 Bryan St. Garage Construction. Area variance to permit the construction of a garage in a Split Zone (UR-1/UR-2) District. Variances sought for 722 N. Broadway/49-51 Bryan St.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED SIDE SETBACK 2 8 FT. 1 FT. 7 FT. (87.5%) PORTICO EXISTING TOTAL SIDE 20 FT. 14.8 FT. 5.2 FT. (26%) EXISTING ACCESSORY TO FRONT 10 FT. 3.6 FT. 6.4 FT. (64.0%) DETACHED GARAGE ACCESSORY TO FRONT 20 FT. 3.6 FT. 16.4 FT. (82%) DETACHED GARAGE Robert Klein, owner/applicant said they are seeking a variance to construct a garage on the property. The previous owners had a garage at that location (showed photos) that collapsed. There is currently no garage on the property, just a carport. Chris said it looks like if they added a garage to the existing structure they likely wouldn’t need a variance. Robert said the south side of the structure has two bedrooms and a bathroom in the middle and they would lose windows to those rooms if they added on. Also, the DRB liked that they were keeping the main structure the way it was. Chris asked if there’s a reason they couldn’t set the garage further back. Robert said there’s currently a large tree, shown on the plan, and the root system is in that area. Also, they are looking to utilize the footprint of a paved parking area that has been there for decades for the new garage, which would have no detrimental effect on the tree’s root system. Chris asked if they considered putting the garage anywhere else on the property that would not require variances. He said the roots to the tree go in a western direction. Brendan said he appreciated the presentation, he lives in the area, and that they are trying to keep the tree. He said there are a number of carriage houses in the neighborhood and asked that the applicant show comps where other neighbors have similar garages or structures in the setback. Robert said it’s a single-car garage with no second story. He said there’s a large white house south of his property that has multiple structures on it and is presently for sale. Gage said if they could take some quick photos of comps and identify the addresses it would be helpful to the board in their decision making. Jonah City of Saratoga Springs - Zoning Board of Appeals – January 27,, 2025 Page 3 of 6 asked if they considered attaching the garage to the west side of the carriage house. He understands that it would block the windows if it were attached to the south side. Robert said the west side area is a bedroom and an attached garage would block the windows. Otis said he appreciates that the applicant is going to reproduce the footprint of the original garage. Shafer asked if the applicant knew the dimensions of the previous structure. Robert said there is a concrete piece by the blacktop that indicates where the garage had been. There’s very poor documentation on the house and garage. Gage asked if the driveway would go from N. Broadway to Bryan St, if you will you be able to drive between the garage and the house, and if they are certain that the side yard setback is okay. Yes on all three questions. Gage asked the applicant to provide comps a week prior to the next meeting. The next meeting is February 10th. Gage Simpson, Chair opened the Public Hearing at 7:03 p.m. No comments were heard, and the Public Hearing will remain open. 5. #20240976 147 Jefferson St. Addition. Area variance to permit an addition to the existing single- family home in the Urban Residential – 4 (UR-4) District. Variances sought for 147 Jefferson St.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED REAR YARD SETBACK 25 FT. 8 FT. 17 FT. (68.0%) Kevin?, Nolan Engineering represented the applicant. He said the owner is looking to put an addition off the back of the house on a small site which will require rear yard setback relief. Aneisha said the applicant provided drawings, but they were unable to upload them, so she passed the paper drawings around to the board members. Gage asked the reason for the addition. Jeffrey Novo, owner was inaudible in his response (papers rattling, not speaking into the mic). The addition will be 17 ft. deep, and Gage asked if it could be any smaller. Jeffrey said they need that size for it to be aesthetically correct and it gives him a big enough living room. The driveway will remain crushed stone. Shafer asked how the size of the structure compares to other single or two-family homes along the street. He said he would like to see a numerical estimate in order to decide. Gage agreed and said the board would like the applicant to quantify the number they’re going up to versus what’s in the neighborhood. Also, they would like comps showing other rear setbacks. Gage Simpson, Chair opened the Public Hearing at 7:12 p.m. No comments were heard, and the Public Hearing will remain open. CONTINUED BUSINESS: 6. #20240864 81 Phila St. single family construction. Area variance extension to permit the construction of a single-family home in the Urban Residential – 4 (UR-4) District. Variances sought for 81 Phila St.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MINIMUM AVERAGE WIDTH 60 FT. 50 FT. 10 FT. (12%) City of Saratoga Springs - Zoning Board of Appeals – January 27,, 2025 Page 4 of 6 TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MAX. COVERAGE% 40% 46.4% 6.4% (16%) FRONT YARD SETBACK 10 FT. 0 FT. 10 FT. (100%) MIN. INTERIOR SIDE 5 FT. 4 FT. 1 FT. (20%) DETACHED GARAGE MAX. FIRST FLOOR ELEVATION 4 FT. 5.83 FT. 1.83 FT. (45.8%) Bob Flansburg, Dreamscapes Unlimited represented the applicants. Bob said they came before the board in December and were asked to try to reduce their overall coverage. There aren’t a lot of options. He said at the top of the front steps they have 3.5 ft. to get in the door or to get out and enjoy the porch so they couldn’t set it back any further. He said the prior application had a coverage of 34% and they are currently at 36.4. Bob said they are at zero at the corner where the porch is and when they designed for the previous applicant they didn’t have a front porch, and the front yard setback was 5 ft. Aneisha said the board had previously asked for the first-floor elevation. Bob said from grade to first floor they’re 5’10”. Aneisha asked if Bob was certain that they used the proper calculation as per the method in the UDO. Bob said he did. Otis asked what would happen if there was a correction later on. Aneisha said it would be corrected to a lesser dimension. If it is a greater dimension then the applicant would have to come back before the board. Otis said he appreciates that they’ve done a good job fitting the character of the neighborhood which has changed with the two historical buildings that have been restored. The front porch is a very positive addition. Otis said he’s in favor of the application. Brendan asked if they had a plan for drainage. Bob said they’re tying everything into the city storm drains and city sewer. Gage Simpson, Chair opened the Public Hearing at 7:24 p.m. No comments were heard, and the Public Hearing was closed at 7:24 p.m. Otis Maxwell made a motion to approve area variances to permit the construction of a single-family home at 81 Phila St., Saratoga Springs, NY. The motion was seconded by Brendan Dailey. Discussion: #1 add a sentence at the end that says maximum coverage is increased by 2.4% due to adding a front porch from the previous variance. Vote: B. Dailey-Y, S. Gaston-Y, A. Demma-Y, O. Maxwell-Y, J. Cohen-Y, G. Simpson-Y & C. Lapointe-Y. 7-0, motion carried. 7. #20240837 328 Caroline St. Addition and Garage Construction. Area variance to permit the construction of a single-car garage in the Urban Residential – 1 (UR-1) District. Variances sought for 328 Caroline St.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MAX. COMBINED COVERAGE% 28% 37% 9.3% REAR SETBACK – NEW ADD. 30 FT. 19.2 FT. 10.8 FT (36%) City of Saratoga Springs - Zoning Board of Appeals – January 27,, 2025 Page 5 of 6 TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MINIMUM SIDE SETBACK 12 FT. 6.9 FT. 5.1 FT. (42.5%) MAX IMPERVIOUS % 50% 64% 14.4% Ben Nathan represented the applicants. Ben said they made the following small changes:  They started out with an application for a full-size family room (18’x24’) and garage addition (12’x22’). Based on feedback from the board after their first meeting they revised the size of the family room (reduced by 1 foot in the overall width) and garage (took 3’ off the length).  Made the existing asphalt driveway completely permeable asphalt. (Patrick will decide if material is appropriate after reviewing the spec).  Total lot coverage – 35.76 (family room 18’x22’, depth of the garage 16 ft.)  Comps on tax map – highlighted properties similar in lot size and showed approximate lot coverages. House next door is estimated to be at 40%, 331 Caroline St. is 33%, 40 Schuyler is 40%, 39 Schuyler received variance are at 41%, 2 across Schuyler Dr. are at 34 & 29%. Aneisha said because the applicant is saying they don’t need relief for imperviousness she would like them to send her an email of their new relief needs – coverage, setback & impermeability based on what was presented tonight. Shafer said he appreciates the coverage summary of the neighborhood. He asked what could be done if the next owner decides to black top over the driveway. Jackie White said it’s an enforcement issue if conditions of approval are violated. Gage Simpson, Chair said the Public Hearing is still open and will remain open until the next meeting. There were no public comments. Gage Simpson, Chair concluded the meeting at 7:40 p.m. Respectfully submitted, Donna Gizzi, Recording Secretary City of Saratoga Springs - Zoning Board of Appeals – January 27,, 2025 Page 6 of 6