Troy board debates front-yard ADU at Christie Street; residency proof and enforceability concerns sink variance

Elizabeth Rodriguez (who said she is also known as Lisa), an employee of TAP Incorporated, represented owner Andy Perez and presented a request to site an accessory dwelling unit (ADU) near the front of 34 Christie Street. TAP described the ADU as two stories with a 792-square-foot living area and said a New York State grant program used by TAP can provide up to roughly $125,000 in construction and service funds to help homeowners build ADUs.

Board members questioned whether the proposed ADU would impede emergency access to the primary house at the back of the lot, asked about driveway and drainage/pitch details, and pressed for documentation that Perez legally resides at the Christie Street property. TAP representatives said they had received documents and email correspondence from the owner and that the grant program uses a 10-year restrictive covenant and planned inspections (TAP and HCR/HDFC) to enforce residency for the duration of the covenant.

The board voted to find the Christie Street proposal a SEQR/type-2 action, clearing that procedural hurdle. When members considered a motion to approve the requested setback variance with conditions (including a stipulation that the owner remain the occupant of the primary residence and that sidewalks and site conditions be remedied), several members said the evidence of residency and the enforceability of proposed conditions were insufficient. The motion failed after members voted against approval; one member abstained.

Members said they support ADU programs generally, and TAP staff emphasized the program’s aims to add affordable housing and help homeowners build equity. But on this record, the board expressed reluctance to approve a variance that would place a separate dwelling forward of an existing primary residence without stronger proof of owner occupancy and more enforceable conditions.