Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (DRAFT) MONDAY, FEBRUARY 10, 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: Susan Barden, Senior Planner, Richard Roman, Zoning Administrator, Jackie White, Counsel, 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. ZBA APPLICATIONS UNDER CONSIDERATION: PROCEDURAL BUSINESS: NEW BUSINESS: 1. #20250048 195 Lake Ave. Area Variance. Area variance to permit a full bath on the first floor of an accessory structure in the Urban Residential – 3 (UR-3) District. 2. #20250047 83 5th Ave. Area Variance. Area variance to permit the renovation of a single-family home in the Urban Residential – 1 (UR-1) District. CONTINUED BUSINESS: 3. #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. 4. #20240836 116 York Ave. Two Story Addition. Area variance to permit an addition to the existing single-family home in the Urban Residential – 3 (UR-3) District. ADJOURNED 5. #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. 6. #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. NEW BUSINESS: 1. #20250048 195 Lake Ave. Area Variance. Area variance to permit a full bath on the first floor of an accessory structure in the Urban Residential – 3 (UR-3) District. Zone Req Approved Variances Proposed Variance Numeric Variance Percent Min Lot Size: 8000 5325 2675 33.4% Min Avg Width: 80 50 30 37.5% Max Combined Coverage %: 40% 26.9% OK OK Yard Setback - Front: 10 79.28 OK OK Rear: 25 5 20 80.0% ? No name stated. Representing the applicant said his clients bought the house in July with the intent of having the carriage house be an additional living space. They would like office space upstairs and living space downstairs with a shower and have no intention of ever renting the property. They would like to remove the structure that’s currently there and build a new structure on the same footprint that’s up to code. There’s currently an unsafe staircase on the outside of the structure that they would like to bring inside the new structure. Gage said there are different variances for an accessory structure versus a dwelling. Shafer clarified with Susan that the applicant is asking for relief for a second dwelling. Susan said a second dwelling requires one additional parking space. When she reviewed the application with the Building and Zoning Officer they decided it was closer to a principal structure than an accessory structure and that’s the reason for the change in relief required. Shafer said he’s not concerned about parking because it’s on Lake Ave., but he is concerned about the setback and the width. He would like to see comparable properties in the area where they are within 5 feet to the rear setback with accessory structures or second dwellings, and comparable lot sizes. Otis said he’s glad it’s a second dwelling unit rather than an assessor structure. He’s concerned about the lack of a parking space and asked if they could add one in the rear of the new structure. The applicant’s representative said there was no way to get a parking space in the back. Jonah asked if the lot coverage is good since it will be built on the same footprint. The applicant said the permeable area is 62% and the lot coverage is 30% so they are good. Jonah said he’s not concerned about the parking space because putting a third space on the property may cause some permeability issues and create the need for additional relief. He asked if they considered moving the footprint forward a bit to alleviate some of the rear setback relief. The applicant said they can move it forward a few feet. The neighborhood comps will be helpful as well. Brendan agreed with other board members about getting the comps and moving the building forward. Amanda also agreed with getting the comps and said she would like to see variations with the plans with the new setback. Chris said the lot is currently undersized for a single family and would certainly be undersized for 2 dwellings and said if there was just a ½ bath with no shower they would not require any variances. The applicant’s rep said his client’s only have one bath in their home now and would like to have the City of Saratoga Springs - Zoning Board of Appeals – February 10,, 2025 Page 2 of 6 second shower, but he can talk to them about changing it to a ½ bath. Chris asked if the new structure would include the space where the potting shed is now. The applicant said it will because that’s where the stairs will be on the inside of the new structure. Gage agreed with Chris that if it was an accessory structure with a half bath they wouldn’t need any variances. If they proceed with wanting a second structure then comps as mentioned above will be required and should be submitted a week prior to the March 3rd meeting. Gage Simpson, Chair opened the Public Hearing at 6:47 p.m. There were no comments, and the Public Hearing will remain open. 2. #20250047 83 5th Ave. Area Variance. Area variance to permit the renovation of a single-family home in the Urban Residential – 1 (UR-1) District. Zone Req Approved Variances Proposed Variance Numeric Variance Percent Side 1: 12 7 5 41.7% Side 2: 12 5.58 6.42 53.5% Total Side: 30 12.58 17.42 58.1% Accessory to side: 5 3 2 40.0% Accessory to rear: 5 3 2 40.0% Anthony Caruso, Caruso Builders represented the applicant. He said they would not be constructing the detached garage in this phase, but he submitted the plot plan for future use showing that it will be within the zoning requirements. They will be turning the current single car garage into a porte-cochère and his clients will eventually want to build a detached garage. His clients are looking to remodel the pre-existing, non-conforming structure. They will modify the second story to gain more square footage. Chris said most of his questions related to the carriage house/detached garage. Anthony said it will be a single-story, two-car garage. The house remodel has been designed to fit within the same footprint including the soffits. A neighbor asked where the AC units would be installed. Anthony said the AC unit and backup generator are currently behind the porte-cochère/garage and they are going to shift them to the west behind the house. Chris asked for photos from Google maps showing similar setbacks in the neighborhood. Brendan asked about the 21 sq. ft. area before the patio (plans not displayed in the video). Anthony said there was an addition there years ago that had an overhang/shed roof. The stormwater devices will remain in place or be improved. Gage asked that the applicant return with comps for the next meeting. Gage Simpson, Chair opened the Public Hearing at 6:57 p.m. Jim Cox, attorney for the neighbor to the east (Norma Quinn) said he did not receive the updated information about the detached garage prior to the meeting and asked that the public hearing remain open until the next meeting to give him time for review. He noted that the lot as drawn appears to be perfectly rectangular and asked that the dimensions be more specific as his client’s survey is not reflective of what has been drawn by the applicant, particularly to the back of the property. Anthony Caruso said they submitted a survey by a licensed surveyor in their packet to the city. City of Saratoga Springs - Zoning Board of Appeals – February 10,, 2025 Page 3 of 6 Gage Simpson, Chair the Public Hearing will remain open. _______________________________________________________________________________ CONTINUED BUSINESS: 3. #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%) 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 submitted revisions following the last meeting. Richard Roman said the building and zoning inspector reviewed the information that was submitted regarding permeable surface and the specifications are supposed to align with NYS stormwater management design. The zoning officer found that what was submitted was not sufficient, such as what manufacturer is installing it according to the specifications shown. He felt there was not enough information, and it was ambiguous in the proposal. The denial determination for 64% imperviousness was made based on section 21.4.I.3 of the UDO. Susan read the definition for impervious surface coverage “permeable pavement is permitted but will be calculated as impervious surface unless it can be materially demonstrated that the effective infiltration rate of the surface meets or exceeds 1.1 inches per hour”. She said the detail of the asphalt pavement has not provided the infiltration calculation to identify it as actually being permeable. Gage summarized that the applicant needs to provide additional manufacturer’s details about what the pavement is and how it relates to the infiltration rate in the UDO. There was a discussion between staff and board members about how to move forward with approval with conditions. Jonah said he would like to see a proposal showing that the imperviousness is what it is purported to be before giving approval. Otis agreed that the specs with the installation with this particular contractor are necessary. Ben said that what he submitted was previously approved for another project in Saratoga. He said the details that the city is looking for don’t exist anywhere. There are suppliers of asphalt and installers of asphalt and that’s where it stops. There are no other details readily accessible. Susan said they will have to prove that it has the proper infiltration rate which is specific to the site. An alternative condition would be to note that specific relief that had City of Saratoga Springs - Zoning Board of Appeals – February 10,, 2025 Page 4 of 6 been requested is not granted and additional information will need to be provided. Jackie is inaudible, not speaking into the mic. Gage Simpson, Chair said the Public Hearing is still open for comments. There were no comments, and the Public Hearing was closed at 7:16 p.m. Brendan Dailey made a motion to approve area variances for the construction of a single-car garage at 328 Caroline St., Saratoga Springs, NY with the following note: the driveway is to be permeable as agreed upon with the applicant in order to remain under the appropriate pervious surface requirements in the UR-1 District. The motion was seconded by Chris LaPointe. Vote: C. LaPointe- N, J. Cohen-N, S. Gaston-Y, O. Maxwell-Y, A. Demma-Abstain, B. Dailey-N, G. Simpson-Y. Motion failed: 3-Nays, 3-Ayes, 1-abstain. Jackie said the motion failed but the board can present the same resolution or an amended resolution within 62 days. The applicant can amend their request or provide new information leading to a new resolution by the board. If new information is provided the Public Hearing would be reopened. 4. #20240836 116 York Ave. Two Story Addition. Area variance to permit an addition to the existing single-family home in the Urban Residential – 3 (UR-3) District. ADJOURNED Variances sought for 116 York Ave.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED INTERIOR SIDE 5 FT. 0 FT. 5 FT. (100%) 5. #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 and were asked by the board at the last meeting to provide comps of the neighborhood which they submitted to the city. The board was satisfied with the comps that were submitted. City of Saratoga Springs - Zoning Board of Appeals – February 10,, 2025 Page 5 of 6 Gage Simpson, Chair said the Public Hearing was still open. No comments were heard, and the Public Hearing was closed at 7:24 p.m. Chris LaPointe made a motion to approve area variances for the construction of a garage at 722 N. Broadway/49-51 Bryan St., Saratoga Springs, NY. The motion was seconded by Brendan Dailey. Vote: C. LaPointe-Abstain, J. Cohen-Y, S. Gaston-Y, O. Maxwell-Y, A. Demma-Y, B. Dailey-Y, G. Simpson-Y. 6 Ayes, 1 Abstain, Motion carried. 6. #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. Gage said the application is still missing the elevations (need to be uploaded by the city for the record) but they did see the map with the comps. The applicant did not state their name and was not speaking into the mic. They discussed the comps they submitted. Susan said the plans show stairs and a deck for entry to the new addition from the outside but not how you get to the addition from the existing house on the inside. The applicant said the drawing is a little misleading because there are dark squares that are just openings in the walls – not a doorway. Gage Simpson, Chair said the Public Hearing was still open. No comments were heard, and the Public Hearing was closed at 7:34 p.m. Gage Simpson made a motion to approve an area variance for an addition to an existing single- family home at 147 Jefferson St, Saratoga Springs, NY. The motion was seconded by Brendan Dailey. Discussion: Pre-existing undersized lot should be noted as a mitigating factor. Sidewalk required per section 18.5.a of the UDO. Vote: C. LaPointe-Y, J. Cohen-Y, S. Gaston-Y, O. Maxwell- Y, A. Demma-Y, B. Dailey-Y, G. Simpson-Y. 7-0 Motion carried. 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 – February 10,, 2025 Page 6 of 6