HomeMy WebLinkAbout20200675 Bonitatibus Fence 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,� 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
#20200675
IN THE MATTER OF THE APPEAL OF
ALEXANDRA&PETER BONITATIBUS
28 RUGGLES ROAD
SARATOGA SPRINGS NY 12866
from the determination of the Building Inspector involving the premises at 28 Ruggles Road in the City of
Saratoga Springs, New York being tax parcel number 167.-1-18.2 on the Assessment Map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit the
construction of a ten (10) foot fence in a Rural Residential (RR) District and public notice having been duly given
of a hearing on said application held on the 19th day of October and 9th day of November 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
MAXIMUM HEIGHT FOR WALLS AND 6' 10' 4' (66.7%)
FENCES
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 proposed fence will surround a sports court used for tennis and basketball and, per the
applicant, the standard height for such a fence is ten (10) feet, which helps to prevent balls and other
objects from leaving the court.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The fence will be located around a sports
court that is set back far from the nearest road. The applicant notes that the property is also
surrounded by a significant amount of trees and other shrubbery such that the fence will be
"imperceptible" from the street.
3. The Board notes the requested variance of 66.7% are substantial. However, the Board notes that the
relief requested is mitigated by its nature and its overall minimum impact on the neighboring properties,
as discussed above.
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood
or district due to the visibility limitations noted above.
5. The alleged difficulty is considered self-created insofar as the applicant desires to construct the fence.
However,this is not necessarily fatal to the application.
Conditions:
The relief is limited to a chain link fence immediately surrounding the court area and would not apply to
other fences on the property or near the property line.
2. The fence to be removed if sport court is removed.
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.
- '-
SIGNATURE: 11/10/2020
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.