HomeMy WebLinkAbout20190029 Val Kill Residence Correspondance wEE
Kevin F. And Lynn M. McCane k 04 2013
11 New Holland Dr
Cohoes NY 12047
Saratoga Springs Zoning Board of Appeals
15 Vanderbuilt Ave
Saratoga Springs NY 12866
Re:
Area Variance Application
Project # 20190029
Tax Parcel # 165.36-2-10
Date of Hearing 3/4/19
Dear Zoning Board of Appeals:
We are the owners of 99 Catherine St, a single family residence adjacent to
the accessory structure at 40 Second St which is the subject of the area
variance application. We are opposed to the area variance application
which seeks to permit the owners of 40 Second St to use the garage as a
secondary residence.
An accessory residential structure is defined in Appendix A of the Saratoga
Springs Zoning Ordinance as an unfinished and uninhabitable space in a
detached structure and includes a garage, storage shed and pool house
The area variance requests authorization to use the garage as a secondary
residence , which is a prohibited use of an accessory structure. The
property is zoned UR-2 for single family residences and permitting the use
of a garage for a secondary residence is a prohibited use not authorized
under the zoning ordinance.
Accessory Dwelling Units (ACU) such as tiny houses, shed conversions
and garage conversions for residences are not authorized under the zoning
regulations of the City of Saratoga Springs and it is submitted that there is
no jurisdiction of the ZBA to permit such a use. Unlike a variance for a
small percentage habitable space above a garage for a home office or
home studio for owners who occupy the primary residence, a secondary
residence would contain kitchen and bathroom facilities and would be
rented to a separate individual or individuals who do not live in the primary
residence. Clearly the variance seeks to authorize a prohibited use of the
garage as a secondary residence and for that reason alone , the variance
should be denied.
The survey demonstrates that petitioner's lot is undersized at 3521 square
feet , 6600 sq feet is the minimum lot size for construction of a single family
residence in UR-2. The rear of the garage in question is a mere 6 inches
from the property line of the Williams residence and the side of the garage
is 2.7 feet from our backyard. The survey claims that granting the variance
would allow for 38.1% coverage of combined residential space on the
undersized lot. A review of the neighborhood reveals that many lots are
undersized, far below the 6600 sq feet required for new construction and
permitting a secondary residence on the small lot would unreasonably
increase the population density of the existing small lot.
The application for the variance would serve as a detriment to the single
family residential character of the neighborhood which has recently
undergone substantial investment in the construction of new single family
homes and rehabilitation of existing single family homes. Granting the
application would portend a new tiny home and garage conversion policy of
the ZBA diminishing home values, resales and interest in investing in a
neighborhood which has so many intangible benefits.
For all the foregoing reasons, the variance appeal should be denied.
Sincerely,
Kevin F McCane and Lynn M. McCane