HomeMy WebLinkAbout20200419 Leafarc Lot Line Adjustment NOD r4 Keith 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,NEW YORK 12866
_.� �;.�.; ', 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
#20200419
IN THE MATTER OF THE APPEAL OF
LEAFARC, LLC ANTHONY SWIATEK
352 BURGOYNE RD
SARATOGA SPRINGS NY 12866
from the determination of the Building Inspector involving the premises at 63 Spring Street in the City of
Saratoga Springs, New York being tax parcel number 165.68-1-48 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
adjustment of the property lot line in a Transect-5 (T-5) District and public notice having been duly given of a
hearing on said application held on 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 PERCENT BUILDOUT 70% 61.6% 8.4% (12%)
ALONG FRONTAGE
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 intends to adjust the lot line between two parcels and eliminate the combined
use of the driveway. Per the application materials, there are no other means such as purchasing of
neighboring property, available to adjust the property line and reconfigure the parking that is beneficial
to both parcels.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The applicant notes that "there is no
proposed changes to the building uses or structures on the parcels." The Board notes that parking off
the ally is a common use within the city and will not likely affect the neighborhood character.
3. The Board notes that the proposed variance is not substantial at 12%.
4. As mentioned in paragraph 2, there are no physical changes to the properties that would create
significant adverse physical or environmental effects on the neighborhood or district.
5. The alleged difficulty is considered self-created insofar as the applicant desires to adjust the lot lines
between the parcels. However,this is not necessarily fatal to the application
Note:
I. Favorable advisory opinion issued by the City Planning Board, dated August 13, 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.