HomeMy WebLinkAbout20180332 DeVall Single Family NOD r4 Keith Kaplan, Chair
Gallagher,CITY OF SARATOGA SPRINGS
Brad Galla Vice Chair
Terrance Gallogly
5 'f ZONING BOARD OF APPEALS
Cheryl Grey
4 cr2
Matthew Gutch
CITY HALL-474 BROADWAY
Christopher Mills
SARATOGA SPRINGS,N EW YORK 12866
PH)518-587-3550 Fx)518-580-9480 Gage SimpsonKathleen O'Connor,alternate
c `' WWW.SARATOGA-SPRINGS.ORG '
' RAT'S 3
#20180332, RESOLUTION 2
IN THE MATTER OF THE APPEAL OF
RICHARD F. DEVALL AND DAVID F. DEVALL
59 FRANKLIN ST.
SARATOGA SPRINGS NY 12866
from the determination of the Building Inspector involving the premises at II Cherry St/59 Franklin St Lot 2 in
the City of Saratoga Springs, New York being a subdivided new parcel, formerly a component of parcel number
168.59-1-54, in an Urban Residential-4 district on the Assessment Map of said City.
The appellants having applied for an area variance under the Zoning Ordinance of said City to permit the
construction of a one-family residence and public notice having been duly given of a hearing on said application
held on the 6th day of July through the 14th day of September 2020.
In consideration of the balance between benefit to the applicants with detriment to the health, safety and
welfare of the community, I move that the following area variances for the following amounts of relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF
DIMENSIONAL REQUESTED
REQUIREMENT
MAXIMUM PRINCIPAL BUILDING COVERAGE 25% 26% 1%OR 4%
MINIMUM SETBACK-FRONT 25' 5' 20'OR 80%
MINIMUM SETBACK-SIDE WEST 20' 12.1' 7.9'OR 39.5%
MINIMUM SETBACK-SIDE EAST 20' 14' 6'OR 30%
MINIMUM SETBACK-TOTAL SIDE 45' 26.1' 18.9'OR 42%
MINIMUM FIRST FLOOR AREA 1800 SF 1080 SF 720 SF OR 40%
MINIMUM SETBACK-PRINCIPAL TO ACCESSORY 10' 5.5' 4.5'OR 45%
As per the submitted plans or lesser dimensions, be approved for the following reasons:
The applicants have demonstrated this benefit cannot be achieved by other means feasible to the
applicants. The Board notes the subject lot was created as a subdivision of a parcel where the existing
building on the portion of the parcel now designated as Lot I, has been in place for many years. The
Board further notes the shape, and not the area of this parcel is what limits the placement and first floor
size of the home, and triggers the need for the variances in this case. The Board notes the lot area is
adequate for a dwelling unit under UR-4 requirements (3,000 square feet per dwelling unit).
The Board further notes the applicants were able to provide documentation to support the historic
dimensions and shape of Lot 2. Even if a configuration could be made to expand Lot 2 to the east and
thereby reduce Lot I, it would still have required front and side setbacks while precluding parking on
Lot I and triggering more variances on that lot.
2. The applicants have demonstrated that granting these variances will not create an undesirable change in
neighborhood character or detriment to nearby properties. The applicants note the consistency in
density and setbacks with the townhome community immediately to the west as well as with the other
homes on Franklin St., plus consistency with the historic dimensions of the lot, support the
reasonableness of the applicants' request for relief in terms of neighborhood character and context.
3. The Board notes the requested setback and first floor area variances are substantial, however the
impact of the substantiality is mitigated by the combination of neighborhood context cited above. The
Board notes the principal building coverage variance request is not substantial.
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood
or district. The application shows greater than required 15% permeability.
5. The alleged difficulty is self-created insofar as the applicants' desire to construct the proposed
residence, but this is not necessarily fatal to the application.
Note:
• City Planning Board favorable advisory opinion provide February 14, 2020.
• DRC favorable advisory opinion provided November 6, 2019.
Adopted by the following vote:
AYES: 5 (K. Kaplan, G. Simpson, C. Mills, C. Grey, T. Gallogly)
NAYES: 0
Dated: September 14, 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: 9/21/2020
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.