HomeMy WebLinkAbout20200022 Top Dog Enterprises, LLC NOD T4Keith Kaplan, Chair
CITY OF SARATOGA SPRINGS
Brad Gallagher, Vice Chair
5 'f ZONING BOARD OF APPEALS Cheryl Grey
Matthew Gutch
Christopher Mills
CITY HALL-474 BROADWAY
SARATOGA SPRINGS,NEW YORK 12866 Suzanne Morris
PH)518-587-3550 Fx)518-580-9480 Gage Simpson,
i'co `' WWW.SARATOGA-SPRINGS.ORG
Kathleen O Connor,alternate
'ORATE 3
#20200022
IN THE MATTER OF THE APPEAL OF
TOP DOG ENTERPRISES, LLC
1571 CENTRAL AVENUE
ALBANY, NY 12205
from the determination of the Building Inspector involving the lots at 46-46A Seward Street, in the City of
Saratoga Springs, NY being tax parcel number 165.34-I-7&9 on the Assessment Map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit the
development of a four-lot subdivision in the UR-I District and public notice having been duly given of a hearing
on said application held on June 8 and July 6, 2020.
In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare
of the community, I move that the requested area variances for the following amounts of relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
MINIMUM REAR YARD SETBACK, LOT ONE 30' 5.5' 24.5'OR 81.7%
MINIMUM LOT SIZE, LOT TWO 12,500 SQ FT 7,636 SQ FT 4,864 OR 38.9%
MINIMUM LOT WIDTH, LOT TWO 100' 67.5' 32.5'OR 32.5%
MINIMUM LOT SIZE, LOT THREE 12,500 SQ FT 7,636 SQ FT 4,864 OR 38.9%
MINIMUM LOT WIDTH, LOT THREE 100' 63.3' 36.7'OR 36.7%
MINIMUM LOT SIZE, LOT FOUR 12,500 SQ FT 7,636 SQ FT 4,864 OR 38.9%
MINIMUM LOT WIDTH, LOT FOUR 100' 60.2' 39.8'OR 39.8%
As per the submitted plan or lesser dimensions, be approved for the following reasons:
a. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the
applicant. Uses of the two lots pre-date current zoning requirements and consist of three residential
buildings and a commercial day care building. Development of three residential lots on Van Dorn Street
will be consistent with the residential neighborhood adjacent to the properties. With the removal of
the Day Care Center and the bungalow,there will be a reduction in overall buildings and will conform
to the neighborhood.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in the
neighborhood character or detriment to nearby properties.Although these lots are in the UR-I zone,
they are surrounded by both UR-2 and UR-4 which allow for smaller lot sizes. Further the applicant
provided lot sizes along both Van Dorn and Seward Streets that are not only equal in size but in many
cases smaller in both size and width. The Board finds that these proposed lots will conform with the
neighborhood.
3. The Board finds these variances to be substantial. Particularly, the Lot One relief requested at 81.7%
for the rear yard setback is substantial, however, the garage location is pre-existing and created by the
new rear lot line drawn between Lot One and Lot Two. Further a bungalow building further
encroaching into Lot Two will be removed. The buildings on Lot One will be retained due to a current
lease held by Rose Tait and ending in May 21, 2024. The Applicant desires creating three lots which
require substantial relief and stated that, "There are 49 residential lots in the neighborhood and 34 lots
are smaller than Lot Two's 0.263 acres."
4. The variances will not have significant adverse physical or environmental effect on the neighborhood or
district. Removal of the Day Care Center and the bungalow will remove a non-conforming use in the
UR-I zone. The Day Care being a commercial use and the bungalow representing another residence
on an existing lot on Seward Street. Three single family residences will be more in keeping with the
neighborhood and will reduce traffic to a commercial site.
5. The alleged difficulty is self-created insofar as the applicant desire to divide the two lots into four,
however this is not necessarily fatal to the application.
Note: Planning Board,April 30, 2020 favorable advisory opinion
Condition: Demolition of day care center and bungalow
Adopted by the following vote:
AYES: 5 (K. Kaplan, B. Gallagher, C. Grey, G. Simpson, K. O'Conner)
NAYES: 0
Dated:July 6, 2020
This variance shall expire 18 months following the filing date of such decision unless the necessary building
permit has been issued and actual construction begun as per 240-8.5.1.
I hereby certify the above to be a full,true and correct copy of a resolution duly adopted by the Zoning Board
of Appeals of the City of Saratoga Springs on the date above mentioned, five members of the Board being
present.
SIGNATURE: 7/30/2020
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.