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Home My WebLink About20200760 Trimble Residence Correspondance (3) 1/11/2021 Zimbra Zimbra jennifer.merriman@saratoga-springs.org Re: January 11, 2021 ZBA meeting item: 139 Grand Avenue, Trimble Accessory Structure Area Variance Request From : Patrick Cogan <patrick.cogan@saratoga-springs.org> Mon, Jan 11, 2021 02:30 PM Subject : Re: January 11, 2021 ZBA meeting item: 139 Grand , 1 attachment Avenue, Trimble Accessory Structure Area Variance Request To : Maureen Curtin <maureenacurtin@aol.com> Cc :Jennifer Merriman <jennifer.merriman@saratoga- springs.org>, amanda tucker <amanda.tucker@saratoga-springs.org>, Meg Kelly <meg.kelly@saratoga-springs.org>, Michele Madigan <michele.madigan@saratoga-springs.org>, John Franck <john.franck@saratoga-springs.org>, Skip Scirocco <skip.scirocco@saratoga-springs.org>, robin dalton <robin.dalton@saratoga-springs.org>, Lisa Shields <lisa.shields@saratoga-springs.org>, Deirdre Ladd <deirdre.ladd@saratoga-springs.org>, marie masterson <marie.masterson@saratoga-springs.org>, joe oneill <joe.oneill@saratoga-springs.org>, eileen Finneran <eileen.finneran@saratoga-springs.org>, vince deleonardis <vince.deleonardis@saratoga-springs.org>, Susan Barden <susan.barden@saratoga-springs.org>, John Kaufmann <john.kaufmann21@gmail.com> Ms. Curtin, I don't expect that the City Council or Deputies would be able to address your comments and concerns, as it would not be entirely appropriate for Council to comment on an application in front of the Zoning Board of Appeals. I also would not presume to speak for any of the members of Council, but I would like to provide some clarification on the subject of area variance vs. use variance from my perspective as Zoning Officer. I offer no comments on the merit of the application or on your objections to the application, as that is not my role in the process. The Zoning Board is tasked with evaluating the balance between the benefit to the applicant and the potential detriment to the neighborhood or community and I fully believe they shall do so. Please note that by signing the denial of the application, I have already made a de facto determination regarding the type of relief which would be required for the application to move forward. I offer the following as a point of clarification: Specific to the procedural question raised, I would respectfully disagree with your assertion that this application would require a use variance or that this is a loophole in the current Zoning Ordinance. The application is for a residential accessory structure. This is a https://m.saratoga-springs.org/h/printmessage?id=115843&tz=America/New York 1/8 1/11/2021 Zimbra From: "Maureen Curtin" <maureenacurtin@aol.com> To: "Jennifer Merriman" <jennifer.merriman@saratoga-springs.org>, "amanda tucker" <amanda.tucker@saratoga-springs.org> Cc: "Meg Kelly" <meg.kelly@saratoga-springs.org>, "Michele Madigan" <michele.madigan@saratoga-springs.org>, "John Franck" <john.franck@saratoga- springs.org>, "Skip Scirocco" <skip.scirocco@saratoga-springs.org>, "robin dalton" <robin.dalton@saratoga-springs.org>, "Lisa Shields" <lisa.shields@saratoga-springs.org>, "Deirdre Ladd" <deirdre.ladd@saratoga-springs.org>, "marie masterson" <marie.masterson@saratoga-springs.org>, "joe oneill" <joe.oneill@saratoga-springs.org>, "eileen Finneran" <eileen.finneran@saratoga-springs.org>, "vince deleonardis" <vince.deleonardis@saratoga-springs.org>, "Bradley Birge" <bradley.birge@saratoga- springs.org>, "Susan Barden" <susan.barden@saratoga-springs.org>, "Patrick Cogan" <patrick.cogan@saratoga-springs.org> Sent: Thursday, January 7, 2021 1:20:06 PM Subject: January 11, 2021 ZBA meeting item: 139 Grand Avenue, Trimble Accessory Structure Area Variance Request CAUTION: This email originated outside of the City network. Please contact IT Support if you need assistance determining if it's a threat before opening attachments or clicking any links. Dear Ms. Merriman, We would appreciate your sharing our letter with ZBA members before this weekend. We also are providing it to members of the City Council and Planning Department because if there is a loophole in our current Zoning Ordinance, it needs to be addressed immediately in the city's upcoming UDO. However, we believe, and hope, that this is an incorrect ZBA application rather than a Zoning Ordinance failure. Thank you. January 7, 2021 To: The Zoning Board of Appeals Fr: Dublin Square Board, representing 13 homes in the immediate area of 139 Grand Avenue Re: Opposition to Trimble AREA VARIANCE request, which we believe should be a USE VARIANCE request, to construct an accessory dwelling unit with finished second floor space at 139 Grand Avenue. Nearby neighbors of 139 Grand Avenue oppose the proposed accessory structure garage with a finished space over it, as this is not a permitted use in the UR-3 District. It would be absurd to have a Zoning Ordinance that would relieve someone from all dimensional requirements (setbacks and other physical requirements) if they requested and were granted permission to build a structure in a district where the use for that structure was not permitted. https://m.saratoga-springs.ora/h/orintmessaae?id=115843&tz=America/New York 3/8 1/11/2021 Zimbra physical or environmental effects on the neighborhood." However, at the December 14, 2020 ZBA meeting, the applicant stated that the office "set away from the house is very conducive to our three kids"to sleep. He stated that he was doing international calling at anytime during the night, such as at 3 AM. Therefore, he wanted to get away from the rest of the house for night time calls, so not to disturb the rest of his family. But, what about disturbing the rest of the neighborhood? What about nightlights and noises for all the neighbors nearby? Furthermore, Mr. Trimble went on to state that this would be a good "place to play instruments." Neighbors do not support a home office used for"guitars and amplifiers,"that won't disturb his family, but would disturb other families in the neighborhood. The applicant wants to place this large NOT PERMITTED structure on the property line furthest from his house, so he can have a backyard, and so he can provide peace and quiet for his family, This location is right next to the property line and home of the adjoining property. It is not up to this Board to accommodate the applicant's desires at the cost of all others in the neighborhood, and disregard the Zoning Ordinance in the process. This is not a permitted use in the neighborhood, and for good reasons. 2. Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance: There are feasible alternatives that were disregarded by the applicant. The applicant was asked at the December 14, 2020 ZBA meeting why he couldn't build a garage attached to the house with an office over it. He responded, we could, but we "didn't entertain this." He said, "the grade drops down, not that we couldn't build it up." A garage attached to the house with an office over it definitely is feasible and doable, and is permitted in our Zoning Ordinance. The other permitted alternative is a detached garage and an addition on the house for an office space. Another justification being used by the applicant is that he would be making use of the existing curb cut. Using the current curb cut would put the garage with habitable space "literally right against the property line"the applicant states. (See picture attached https://m.saratooa-springs.oro/h/orintmessape?id=115843&tz=America/New York 5/8 1/11/2021 Zimbra Respectfully submitted by the Dublin Square Board, representing 13 homes in the immediate 139 Grand Avenue neighborhood. cc: Due to the soon to be released final draft of the UDO, City Council members and other city administrators have been sent a copy of this letter, because if this situation is a loophole in our current Zoning Ordinance, then it needs to be addressed and corrected in the final UDO. P '4' 5 ' , a ` trefi - . .. � � 4 s r , Picture of yard at 139 Grand Ave. The applicant is proposing the garage/office be placed at the end of his property, where the stockade fence ends on the left of the picture. It should be attached to the house, which cannot even be seen in this picture. The applicant has more than enough yard space to attach the garage/office to the house, as permitted in our Zoning Ordinance. Confidentiality/Privilege Notice: This e-mail communication and any files transmitted with it contain privileged and confidential information from the City of Saratoga Springs and are httos://m.saratooa-sorinas.ora/h/orintmessaae?id=115843&t7=Amerira/Naw York 7/R