HomeMy WebLinkAbout20200087 McAllister Subdivision NOD T4Keith Kaplan, Chair
Gallagher,CITY OF SARATOGA SPRINGS
Brad Galla Vice Chair
Terrance Gallogly
5 'f ZONING BOARD OF APPEALS
Cheryl Grey
Matthew Gutch
CITY HALL-474 BROADWAY
'.': Christopher Mills
`" .�� ,� SARATOGA SPRINGS,N EW YORK 12866
`- f` _� � �;.�.; ', Gage Simpson
�¢�� �-�. PH)5 18-587-3550 Fx)5 18-580-9480 Kathleen O'Connor,alternate
, Kathleen O'Connor,alternate
coWWW.SARATOGA-SPRINGS.ORG '
RAT' 3
#20200087
IN THE MATTER OF THE APPEAL OF
JAMES P. MCALLISTER
3 13 JEFFERSON ST.
SARATOGA SPRINGS NY 12866
from the determination of the Building Inspector involving the premises at 313 Jefferson St. in the City of
Saratoga Springs, New York being tax parcel number 178.52-2-19.112 on the Assessment Map of said City.
The appellant having applied for an area variance under the Zoning Ordinance of said City to permit a two-lot
subdivision 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 3rd day of August through the 14th day of September 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' 8' 17' OR 68%
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 house already exists, and nothing is changing with the
structure. Having a portion of the house removed or the house moved are not viable options and no
additional property is available for purchase.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The Board notes that no changes are being
made to the existing house.
3. The Board does find the variance to be substantial to what is specifically allowed, but notes the relief
requested is mitigated by the fact that nothing is proposed to be changing in terms of the existing
house's size and proximity to its neighboring properties.
4. The variance is brought about by the change from being a corner lot, to a non-corner lot; no
incremental environmental or physical impact will result from that change.
5. The alleged difficulty is self-created insofar as the applicant desires to create a two-lot subdivision for
making the property more desirable, but this is not necessarily fatal to the application.
Condition:
I. Area variance only applies to the existing house. If that structure is demolished, this variance would be
voided.
Note:
I. Negative SEQRA Declaration issued by the City Planning Board, dated July 16, 2020.
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.