I'm going to call to order the Board of Zoning Appeals meeting of Thursday, May 14th.

I don't know what to do with that thing.

All right.

First action item is to adopt the minutes of the April 23rd, 2026 meeting.

Is there a motion to approve the minutes?

So moved.

Second.

All right, thanks.

Any modifications?

Discussion?

Okay.

All those in favor?

Aye.

Aye.

Abstentions.

All right.

Minutes are officially adopted.

The board will now conduct the public hearing on today's agenda.

First, the applicant or the applicant's representative will state the reasons for the requested variants and present any material or documentation which is to be considered regarding the proposal.

Next, persons wishing to speak in favor of the proposal will be given the opportunity to address the board.

Then persons who wish to speak in opposition will be allowed to address the board.

Finally, the applicant or representative will be given the option to make any closing arguments or comments to the board.

Following the public hearings this afternoon, the board may make a decision on each application heard.

The board may also decide to hold its decision until the next public hearing.

If the hearing is closed, no additional information will be allowed into the record except for information that the board may request.

That information will be available for public review at the zoning office at one park place 300 South State Street.

Will staff introduced V 2612?

Yes, as the only uh item on the agenda, new business.

Uh V twenty six twelve is an area variance to construct a single dwelling unit house with a forty-two percent structural coverage on the law at twelve thirty-eight Comstock Ave Rear.

Owner applicant as Goodfellow Holdings.

This is in the R1 zone district.

Is there anybody here to speak on half of the project?

Please give your name and your address.

So I am the owner of the lot currently and wish to build a house for my client.

He um because of certain conditions and things like that requires first floor living space, the size of the lot in the neighborhood and the use of space is what is precipitating the 42% lot coverage, and that's why we are seeking the variance.

Anything else you wish to uh share?

Sure.

We we do not believe that this is gonna create any adverse of effects of the neighborhood.

Uh the style and design and of the proposed house is very similar to what already exists there.

We've had discussions with VHOA and the people in the neighborhood to make sure that they're aware of what's going on.

And um, there are no other lots currently for sale in the neighborhood.

This is the last lot that is available.

My client who's a longtime resident of Syracuse and wishes to remain in the city and live in this neighborhood, so that's another area of consideration for us with this space.

All the other lots are built out already?

They are, yeah.

I'm almost done with the second to the last one right now, actually.

So there questions from the board.

Uh my only question was the easement to the north of the lot.

What is that for?

The easement that you could go back down to the other thing.

Is there any access through there or anything?

Or just no access.

Um that is uh I believe there's a water line that comes from uh what street that goes into the neighbor and feeds into the neighborhood there.

So you can see it on the next page.

Yep.

Okay.

No, right.

Nope.

Any questions?

No, I do not have any.

Okay.

Great.

Thank you.

Thank you.

Is there anybody else who would like to speak in favor of the application?

I would thank you.

Uh my name is Fred Zolna, and me and my wife Elizabeth Nolan are Lowell's clients, uh potential buyers of this lot and house, and it was Could you just share your address before you're taking it?

Live at 101 Enfield Place in Syracuse, New York.

12214.

I've lived there since 1988, by the way.

And um, you know, I've gotten to the point where I've been thinking about needing to live in a house that has a first floor master bedroom and a two-car garage, neither of which I have now.

So that's how I made the connection here with Lowell and the Xavier Woods property.

Um admittedly it's a small lot, but this house would accommodate you know our needs going forward.

Um so we've come here requesting the variance for that for that purpose.

Um again, I've lived in Syracuse since 1972.

The house I'm in now since 1988.

Um and would like to stay in the city of Syracuse.

You know, I've been somewhat aware of the local real estate market and houses of this description with the master bedroom on the first floor, are few and far between, especially in the city.

Um Liz and I have met with the immediate neighbors of this on for this lot, and uh they were they've been supportive, they didn't have any objection to the area variants that we're asking for here today.

And this uh my best understanding is that the HOA at Xavier Woods has also had a chance to see this proposal.

Um, and I haven't heard any objections to it in that regard.

So I'm here to ask that you grant the variance so we can move forward.

Thank you.

Any other questions on the board?

No.

Otis.

I have uh one question more so for codes.

Uh we're not in voting in favor for this, we would not be uh violating any law that's on the books right now at this particular point.

You mean for like construction, actual construction?

Not the actual construction, but the variance it says it is 42 percent.

Uh yeah, so uh do we add that flexibility?

That's I guess more so that's the question I'm asking.

Yeah, so uh the zoning as zoning administrator, um we can apply a five percent, but we'd still be uh short by seven percent.

So that's what they're seeking relief from uh today.

But this board has that uh like review authority to review that.

And again, uh as a reminder to the board, um, after we take final, you know, comment and testimony from the public.

Um we'll go through that process and go through uh you know the the different criteria um to establish that and then take a vote, hopefully.

Good.

Thank you.

Yep.

Awesome.

Thank you.

Thank you.

Anyone else who wishes to speak in favor of the project?

Hi I'm David Michael, and uh my wife and I live at 94 Xavier Circle.

I think we live there about seven, nine, seven years.

Um we're full fully support uh uh of the uh area variance request.

I just like to point out because they're always concerned and uh development about open space.

Uh the original plan for Xavier Woods, which is in the outer Comstock neighborhood was for 33 houses because of a re-subdivision that was approved a few years ago, and the fact that a couple of owners have bought adjacent lots, the final total will be 90 29 houses.

Uh so there is considerable open space in the in the entire development, uh, much of which is owned by the homeowners association.

Therefore, of course, uh no more houses could be built on it.

I'd be happy happy to answer any questions about uh Xavier Woods.

Thank you.

I have a question more for staff.

Um first of all, thank you.

You guys did an excellent job summarizing these five tests for us.

Um there's a statement in here that uh initially they planned to build 33 houses, but now they are only building 29, and that this is not anticipated to exceed the capacity of the existing stormwater infrastructure.

Was there one swip done for the entire subdivision?

And because I imagine this individual development is too small to warrant a swip.

Yeah, there was.

So um like there's a uh I know there's an existing swell that goes through the entire uh development.

And um, we've had some uh communications with other owners like that thought that that was part of like their land where they we had one owner actually in fill it.

Um, you know, he's like, Oh, I want a nice flat backyard.

It's like that's a swell, like you can't just fill that in.

Sorry, I'm just giving some context, but but yes, um and uh our engineering office will be part of these reviews for the building construction.

So that's something that they look at.

The other kind of interesting uh thing to note, and I don't know if this is in here, Nate.

Um if it is somewhere, let me know.

But the creation of this subdivision kind of had a uh its own odd sort of like rules where it was approved that they were gonna track uh coverage cumulatively.

Okay, and if it didn't exceed that the total, like so I'm just explaining like under the previous zoning code and uh previous zoning office, like that's how this was administered.

So that's unique in itself, um, and that the new code uh is now in place, and the way we're looking at it is if it's not in those initial rules uh that were approved as part of the creation of the subdivision that the rest of the code applies, meaning the requirements of the R1 zone district now, uh if those rules are applicable unless it's already stated.

So it's a bit unique in that prior to this zoning code, like this probably would have just been approved.

Um, but now that we've got specific rules in place, um, that this needs relief uh for this percentage.

So I don't know if that makes sense.

I'm just trying to help, thank you.

Okay.

So even though this exceeds the maximum for this lot, they're still under that cumulative total that was previously approved.

Yes.

Okay, thank you.

I oddly remember working on the SWIP on this one.

No questions for me.

Nothing.

Anyone else who wishes to speak in favor of the project?

Anybody who wishes to speak against the project.

Seeing none, uh, I will close the public hearing on V2612.

Okay, now we got to do some business.

We make a secret declaration, or do you go through the questions first?

You're free to go through the questions though.

Uh we do not need to go through seeker for a decision.

Um, as this was uh analyzed as a type two action, so we're kind of done.

We don't need to do anything to come to a decision.

So just as a reminder, if the board uh go through the criteria, you know, make some some findings of fact, kind of deliberate uh through each one as needed, and then if somebody chooses to make a motion after that, can do that and then uh take a vote.

So you we usually make the motion and then go through the standards approved.

Um do it either way, really.

Um so if somebody's ready to, that's fine.

If not, you can go through each one after you go through that as a as a board, then you can kind of final conclusion.

Somebody wants to make a motion after.

Um discussion from the board on this application based on what we've heard and relating to the variance criteria, area variance criteria, in fact.

Um I'm happy to walk us through the criteria if everybody would like that.

Um, and just for the record uh to Otis's question earlier, the area's area variance asks for five tests, but it's a balancing test.

Um, so they don't have to affirmatively answer all five like they would for a use variance, it just has to be on balance uh positive.

So the first one is neighborhood character.

Um, as Lowell said, the style of this house is gonna be very similar to the surrounding homes.

Um the size of the house is very similar to the surrounding homes.

It doesn't seem that it's gonna alter the neighborhood character to me.

Uh feasibility of alternatives, there's really no other way to get a ground floor um master suite.

Uh substantiality analysis.

Um this is uh considered substantial by the staff.

It's 12% over the maximum that's allowed.

Um adverse effects.

I don't anticipate that there will be any adverse effects as we just discussed stormwater in depth, and we don't expect that it's gonna create any stormwater issues.

Um and then self-created difficulty, it is a self-created difficulty, but that's not necessarily a deal breaker.

So I would argue that it passes three of the five.

I'd argue the same.

Agreed.

I'd make the motion for uh the approval of yep, 2612.

Um with the recommended conditions, uh applicants shall comply with the general conditions for approval on the area variance application, and two, in addition to the general conditions, staff recommend the following specific conditions, any increase in the building football in the building footprint beyond the approved plans shall require approval from the BZA.

All right, we have a motion.

Is there a second?

Second.

Great.

So we already run through the proof, so we don't need to do that again.

Uh all those in favor of the motion to approve V20 2026-12 with the uh recommended conditions of approval as outlined here.

Say aye.

I me against all right, abstentions that's so many left.

Motion carries.

All right.

Thank you.

That being all the business, no other new business stuff.

That's it.

We can adjourn.

That being the business, I need a motion to adjourn, please.

Make that one.

All right.

Second.

All right.

All those in favor.

We are adjourned.

We are adjourned at 115.