HomeMy WebLinkAbout20200138 Gersin Shed Correspondance (3) j l/ .,
TO: Members of the Saratoga Springs Zoning Board of Appeals f' 1 $'
FROM: Jeanne M. Mathews and Dale J. Lange, Owners of 15 Echo Ridge 9� Ui
RE: #20200138 (Gersin Shed), filed by Susan and James Gersin, / //j///
9 Waterview Drive
DATE: July 2, 2020 `M
We are writing to respectfully request that the Gersins' appeal for an area variance be denied.
Brief background: The Gersin property on Waterview Drive is located in a newer, open (few
trees) development with a paved road and cement sidewalks, sometimes referred to as
Summer Wind. Waterview Drive runs parallel to Echo Ridge Drive, which is a unique, bucolic,
stone and gravel private road, lined on both sides with tall pine trees. In between the rear of
the Gersin property and Echo Ridge Drive is a pine forest area, ranging in width from 30 to 100
feet, and referred to in the applicable Site Plan as the "no-cut buffer." The Gersin's violating
structure (or shed) stands prominently within the no-cut buffer, altering the otherwise all-
natural nature of both the no-cut buffer and the neighborhood surrounding Echo Ridge Drive.
Reasons for which the request for a variance should be denied:
1) The alleged hardship was self-created by the Gersins, a condition which the City
application for appeal states can be one of four criteria for denying the Gersin's request.
2) The Gersins' shed, as stated above, is located in an area referred to as the "no cut
buffer" in direct violation of the terms of the Site Plan for Interlaken-Zone C (of which
the Gersin property is part)that was approved by the City of Saratoga Springs.
Paragraph 14 of the Site Plan states: "No accessory structure shall be located within the
"no-cut buffers." Paragraph 14, subsection D) expressly defines these accessory
buildings to include "storage sheds."
3) Maintaining the shed in the prohibited area alters the essential character of our
neighborhood/district (as described in the Brief Background), should never have been
allowed by the HOA in the first place, and should now be removed. It should be noted
that in the Gersin application, their response on this point claims with respect to
Waterview Drive that the shed is in the rear of the property and "limited view from
road". This statement ignores the rest of the neighborhood, including parts of Echo
Ridge Drive, which have full view of the violating shed.
4) The Gersins' claim that members of the HOA signed (and therefore agreed to)their
application carries no weight. An agreement to violate the law would be deemed to be
void. (Ironically, per the additional regulations under Paragraph 10 of the Site Plan, the
same HOA has been given the duty to maintain and enforce the provisions of the Site
Plan, including the "no-cut buffer.")
5) The City correctly determined in 2019 that the Gersin shed was in violation of the Site
Plan for Interlaken, Zone C, and directed the Gersins to remove it. To decide otherwise
now would set a bad precedent and wrongfully embolden other HOA members on
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Waterview Drive to violate the Site Plan provisions and erect similar structures and
more.
We believe for all the reasons stated above that the City should deny the Gersin's appeal
and direct the Gersins to remove their shed.
Thank you very much for your thoughtful consideration of our request and the request of
similarly-situated homeowners.
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