HomeMy WebLinkAbout20200617 Gennett Deck 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,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
#20200617
IN THE MATTER OF THE APPEAL OF
ROBERT GENNETT
67 KAYDEROSS PARK RD
SARATOGA SPRINGS NY 12866
from the determination of the Building Inspector involving the premises at 67 Kaydeross Park Rd. in the City of
Saratoga Springs, New York being tax parcel number 193.5-I-39 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 deck in a Suburban Residential 2 (SR-2) District and public notice having been duly given of a
hearing on said application held on the 9th day of November and the 14th day of December, 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
SIDE YARD SETBACK 12' 1 I' I' (8.3%)
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 design places the deck directly off the back of the house in an orientation that does not
interfere with the basement door. The applicant states they were unsuccessful with purchasing the
adjacent lot to mitigate the variance.
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 the property is
"surrounded on two sides by green space". The board notes the deck is a reasonable addition and does
not encroach on any surrounding structures.
3. The Board notes the requested variance of 8.3% is not considered substantial. The deck is designed to
align with the side of the house, which is outside of the 12' setback, however, the side property line is
angled so that a small portion at the rear of the deck is within the 12' setback.
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood
or district. The deck is not substantial and does not have a significant impact on the overall lot
permeability.
5. The alleged difficulty is considered self-created insofar as the applicant desires to build the rear deck
addition. However, this is not necessarily fatal to the application
Adopted by the following vote:
AYES: 7 (K. Kaplan, B. Gallagher, C. Grey, T. Gallogly, M. Gutch, C. Mills, G. Simpson)
NAYES: 0
Dated: December 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, seven members of the Board being
present.
SIGNATURE: 12/16/2020
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.