Views on variances

The Saratoga Planning Commission is now up to four members following the approval of Deb Clark to the commission at the Aug. 20 meeting of the Saratoga Town Council. Clark joined acting Chairman Tom Westring, member Jim Beckmann and town council representative Bob Keel during the Sept. 10 meeting of the commission as they discussed two difference variances.

In addition to Clark, the commission may see another member as a letter of interest was submitted by Saratoga resident Michael Lamprecht and forwarded to the council for approval.

Bernatow

Under items from the public, the commission was addressed by Randy and Trudy Bernatow, who are considering purchasing 804 W. Bridge Ave. currently owned by Terry and Mary Hall. R. Bernatow informed the commissioners that his intention was to construct a shop on the property for the purpose of working on his semi-truck for his business, RMT Hauling. He added that there would be times where other semi-truck owners could work on their vehicles within the shop, but that it wouldn’t be a business.

The area in which Bernatow intends to construct the shop is zoned retail business. Westring brought the zoning up, stating that he and Beckmann had discussed the permitted uses for retail business under 18.30.020 of the Saratoga Municipal Code.

“Looking at Item A under permitted uses in retail business, ‘the establishments involved in rendering of personal or business service including banks, financial institutions, barber shops, beauty shops, coin operated laundry’ then it goes on. Jim and I talked. To me, that sounds like a service could be run out of retail business,” said Westring.

“To me, that leaves it pretty open ended on what could be done there. So, I think that shop might work there,” added Beckmann.

According to Bernatow, he was in the process of attempting to secure a loan for the construction of the shop, but was informed that it was contingent upon what was allowed in the zoned district. Bernatow then asked the council if he could get a copy of the town code to show to the lender and ask if it was enough to approve a loan.

Further discussion among the commission, however, saw some hesitancy expressed in terms of the interpretation of the code. With there being concern as to how exactly the code should be interpreted, it was suggested that Keel reach out to Town of Saratoga legal counsel Tom Thompson.

Bernatow asked if the way the commission was interpreting the code would save him a step in applying for a variance. Westring replied, stating that it depended on whether Thompson had the same interpretation as the planning commission. With a month until the next meeting, the commission informed Bernatow that they would contact him if they were able to get a decision from legal counsel before the October meeting.

Porter

As was reported previously, (see “Variances, RVs and a Memorandum” on page 2 of the Nov. 21, 2018 Saratoga Sun), Herb Porter had approached the previous planning commission about a variance for a two story garage on property he intended to purchase. Porter had informed the commission that his purchase of the property would depend on whether or not a variance for the garage was approved.

During the September meeting, acting zoning officer Kent Smith informed the current planning commission that he had declined to issue a building permit to Porter. Smith stated that the variance given to Porter allowed him to reduce the setback to four feet from his property line, but that the current layout had the proposed structure only two feet from the line. Smith then read the minutes from the November 2018 planning commission meeting. In that meeting, Westring and former council member Will Faust stated that there were only three residences below Porter and the variance was acceptable as long as the garage did not impede the view of traffic.

“That was in your minutes for that meeting and that’s what he’s banking on, is that you guys said ‘Well, as long as he doesn’t go over his lot line,’” said Smith.

Beckmann expressed his concern about the change in setback, stating the neighbors who had approved of Porter’s variance had not agreed to the structure being closer to the property line.

“I agree. I think he either needs to do the four foot or get a new variance,” said Keel.

“The only thing he’s going off of is that Will said that as long as he stays behind the property line, and that is in writing here,” replied Smith.

“Well, he’s not on this commission anymore,” Keel said.

According to Smith, he had informed Porter that he might have to reapply for a variance due to the change in setbacks.

The next meeting of the Saratoga Planning Commission will be at 5:30 p.m. on Oct. 10 at Saratoga Town Hall.