HomeMy WebLinkAbout20200544 Napoli Single Family Addition NOD
Keith Kaplan, Chair
C ITY OF S ARATOGA S PRINGS
Brad Gallagher, Vice Chair
Terrance Gallogly
ZONING BOARD OF APPEALS
Cheryl Grey
Matthew Gutch
C ITY H ALL - 474 B ROADWAY
Christopher Mills
S ARATOGA S PRINGS, N EW Y ORK 12866
Gage Simpson
PH) 518-587-3550 FX) 518-580-9480
Kathleen O’Connor, alternate
WWW.SARATOGA-SPRINGS.ORG
#20200544
I N THE M ATTER OF THE APPEAL OF
M ICHAEL AND V ALERIE N APOLI
28 G RANITE S TREET
S ARATOGA S PRINGS NY 12866
from the determination of the Building Inspector involving the premises at 28 Granite Street in the City of
Saratoga Springs, New York being tax parcel number 165.43-2-45 on the Assessment Map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit an addition
on an existing single-family residence in a UR-3 District and public notice having been duly given of a hearing on
application held on September 28, October 19, and November 9, 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 variance for the following amount of relief:
T YPE OF R EQUIREMENT D ISTRICT D IMENSIONAL P ROPOSED R ELIEF R EQUESTED
R EQUIREMENT
M INIMUM FRONT YARD SETBACK -10 FT 5.2 FT 4.8 FT (48%)
GRANITE STREET
MINIMUM FRONT YARD SETBACK - 10 FT 3.4 FT 6.6 FT (66%)
VERMONT STREET
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the
applicant. The applicant is adding an addition to a pre-existing nonconforming home where the
proposed setbacks on both Vermont and Granite Street have been in existence since it was built.
2. The applicant has demonstrated that granting this variance will not produce an undesirable change in
neighborhood character or detriment to the nearby properties. The house is preexisting
nonconforming predating current zoning regulations. Further, the applicant has purchased the property
next door enlarging their lot and eliminating any further variances to build the addition. This additional
lot size will allow the total principal coverage to be 29.4%; less than the district requirement of 30%.
Accessory structures will be 7.5%, well below the 10% district requirement.
3. Although the variance is substantial at 48% and 66%, this is due to the fact that the existing house is
constructed at the distances above and any addition would impact the front setbacks. Further, the lot is
on a corner and creates two front setbacks creating a larger percentage of setback on both sides.
4. The Board finds this variance will not have an adverse physical or environmental effect on the
neighborhood. The purchase of the lot next door will allow for the addition to fit in well with the
existing neighborhood. Permeability requirements will meet district requirements.
5. The alleged difficulty is self-created insofar as the applicant desires to construct the proposed addition,
but this is not necessarily fatal to the application.
Conditions:
1. Variance shall only apply to renovation of/addition to existing structure. Vested right to the area for
which a variance is granted will not accrue until completion of the renovation including the new
variance area. If that construction is not completed, the variance is null and void.
2. Variance is conditioned on granting of lot line adjustment/lot merge through the City Planning Board.
Adopted by the following vote:
AYES: 7 (K. Kaplan, B. Gallagher, C. Grey, T. Gallogly, M. Gutch, C. Mills, G. Simpson)
NAYES: 0
Dated: November 9, 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.
S IGNATURE: _______________________________ 11/10/2020
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.