HomeMy WebLinkAbout20200305 Marsh Deck NOD Keith 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
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ge_ PH)518-587-3550 Fx)518-580-9480 Gage Simpson,
WWW.SARATOGA-SPRINGS.ORG
Kathleen O Connor,alternate
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#20200305
IN THE MATTER OF THE APPEAL OF
Kathryn and Christopher Marsh
3 Callagan Drive
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 3 Callagan Drive in the City of
Saratoga Springs, New York being tax parcel number 165.79-1-55 on the Assessment Map of said City.
The appellant having applied for an area variance under the Zoning Ordinance of said City to permit the
construction of a deck on the parcel of a single-family residence in UR-2 District and public notice having been
duly given of a hearing on said application held on the 6th day of July through the 3rd day of August 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 following area variance for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PROPOSED RELIEF REQUESTED
REQUIREMENT
MINIMUM REAR YARD SETBACK 25' 2 I' 4'OR 16%
As per the submitted plans or lesser dimensions, be approved for the following reasons:
I. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the
applicant. The applicant noted that the current deck does not meet current code requirements. They
also noted a smaller deck would result in less than ideal conditions, as it would not provide enough
space or functionality.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties.
3. The Board does not find the variance to be substantial to what is specifically allowed, and notes the
relief requested is mitigated by its nature and overall minimum impact on the neighboring properties.
4. This variance will not have significant adverse physical or environmental effect on the neighborhood or
district. The Board notes permeability is not an issue.
5. The alleged difficulty is self-created insofar as the applicant desires to construct the proposed deck, but
this is not necessarily fatal to the application.
Adopted by the following vote:
AYES: 7 (K. Kaplan, B. Gallagher, C. Grey, G. Simpson, C. Mills, M. Gutch, K. O'Conner)
NAYES: 0
Dated:August 3, 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, seven members of the Board being
present.
SIGNATURE: 8/05/2020
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.