HomeMy WebLinkAbout20200591 Dines Two-Lot Subdivision NOD t„, roGA,
CITY OF SARATOGA SPRINGS Keith Kaplan, Chair
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Brad Galla her, Vice Chair
Terrance Gallogly
5 'f ZONING BOARD OF APPEALS
cz) Cheryl Grey
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CITY HALL-474 BROADWAY Matthew Gutch
Rosemary RatcliffSARATOGA SPRINGS,NEW YORK 12866
518-587-3550 Gage Simpson
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Kathleen O Connor,alternate
'ORATE 3
#20200591
IN THE MATTER OF THE APPEAL OF
MATTHEW J. DINES
37-39 ASH ST.
SARATOGA SPRINGS NY 12866
from the determination of the Building Inspector involving a parcel at 35 and 37-39 Ash St. in the City of Saratoga
Springs, New York being tax parcel number 165.74-2-16, in an Urban Residential-3 district on the Assessment
Map of said City.
This being an application for an area variance under the Zoning Ordinance of said City to permit a subdivision to
create two parcels, in which the currently existing improvements on the property are sited on "Lot 2" consisting
of 5,778 square feet to be considered as 37-39 Ash St, and with a new "Lot I" consisting of 6,272 square feet to
be considered as 35 Ash St, and public notice having been duly given of a hearing on said application held on the
14th day of December 2020 and the 1 1 th day of January 2021.
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 variances for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PROPOSED RELIEF REQUESTED
REQUIREMENT
MINIMUM LOT SIZE: LOT 1 6600 SF 6272 SF 328 SF OR 5%
MINIMUM LOT SIZE: LOT 2 8000 SF 5778 SF 2222 SF OR 27.8%
MINIMUM AVERAGE LOT WIDTH: LOT 1 60' 43.6' 16.4'OR 27.3%
MINIMUM AVERAGE LOT WIDTH: LOT 2 80' 40.1' 39.9'oR 49.9%
MAX. PRINCIPAL BLD.COVERAGE: LOT 30% 55.4% 25.4%OR 84.7%
2
MINIMUM SIDE SETBACK: LOT 2, EAST 4' 3' I'OR 25%
MINIMUM TOTAL SIDE SETBACK: LOT 2 12' 3' 9'OR 75%
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 applicants.
The applicant notes that the requested lot shapes and dimensions would return the two new lots to the
same separate status they had in the past, as shown on old City maps. The Board notes that given the total
size of the now-combined parcel,the proposed placement of the dividing line between these two proposed
lots allows for a minimal lot size variance for Lot 1, while allowing similar space to Lot 2 allowed on the
historic map, with space allowed for a driveway.
2. The applicant has demonstrated that granting these variances will not create an undesirable change in
neighborhood character or detriment to nearby properties. The applicant notes the location of the
property in a historic district and have provided documentation to the Board that this parcel was formerly
two building lots. The Board notes the neighborhood context in the Arts District between Beekman Street
and South Franklin Street supports the density of two building lots as per this proposal. Furthermore, the
applicant notes that until the 1980's there was in fact a residence on what is proposed to be Lot I.
3. The Board notes that most of the areas of relief are substantial, however the substantiality of these variances
is mitigated by the lack of adverse impact as noted above.
4. These variances will not have a significant adverse physical or environmental effect on the neighborhood or
district. Permeability of Lot 2 will be 26%, which meets UR-3 requirements of 25%. Lot I improvements
will be evaluated separately and subsequent to subdivision approval; preliminary plans propose 41%
permeability.
5. These areas of relief are self-created insofar as the applicant desires to subdivide this parcel, but that is not
fatal to the application.
Note:
City Planning Board favorable advisory opinion and Negative SEQRA Declaration provided November 5, 2020.
Adopted by the following vote:
AYES: 6 (K. Kaplan, B. Gallagher, T. Gallogly, M. Gutch, R. Ratcliff, G. Simpson)
NAYES: I (C. Grey)
Dated:January I I, 2021
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: 1/21/2021
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.