HomeMy WebLinkAbout20200749 Yurkewicz Multi Family NOD ,r-voGA,
fGallagher,CITY OF SARATOGA SPRINGS Keith Kaplan, Chair
Brad Galla Vice Chair
Terrance Gallogly
5 'f ZONING BOARD OF APPEALS
Cheryl Grey
A —
Matthew Gutch
CITY HALL-474 BROADWAY
s '.': Rosemary Ratcliff
1, SARATOGA SPRINGS,NEW YORK 12866
� � '�� Gage Simpson
518-587-3550
' `'
WWW.SARATOGA-SPRINGS.ORG
Kathleen O'Connor,alternate
'ORATED
#20200749
IN THE MATTER OF THE APPEAL OF
DIANE AND WILLIAM YU RKEWI CZ
8271 GRAND PALM DRIVE,APT 2
ESTERO, FL 33967
from the determination of the Building Inspector involving the premises at 47 White Street in the City of Saratoga
Springs, New York being tax parcel number 165.756-1-29 on the Assessment Map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City seeking relief from the
minimum side and total side yard setbacks for an existing multi-family residence in the Urban Residential—3 (UR-
3) District and public notice having been duly given of a hearing on said application held on December 14, 2020
and January 1 1, 2021.
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
MAX. SIDE YARD 4 FEET 0.4 FEET 3.6 FEET(90%)
TOTAL SIDE YARD 12 FEET I.9 FEET 10.I FEET(84.2%)
As per the submitted plans or lesser dimensions, be approved for the following reasons:
I. The Board finds that the applicant has demonstrated this benefit cannot be achieved by other means feasible
to the applicant. The applicant seeks to maintain the existing structure that has existed in its current state
since 1972. The applicant has demonstrated that the Building Department approved the addition in 1972,
which permitted the structure to extend within 0.4' of the eastern property line. The applicant has also
demonstrated that a lot line adjustment,even if possible,would not cure the encroachment into the setback,
as it would create a violation of the setback requirements for the adjacent property located at 53 White
Street.
2. The Board finds that the applicant has demonstrated that granting this variance will not create an undesirable
change in neighborhood character or detriment to nearby properties. The applicant has demonstrated that
the current encroachment has existed since 1972. Thus,the Board finds that the length of the existence of
this encroachment into the setback is evidence that there will be no change to the character of the
neighborhood.
3. The Board finds that this variance is substantial. However, the Board also finds that the applicant has
demonstrated that the variances requested are similar in nature to encroachments by other properties
located in the neighborhood.
4. This Board finds this variance will not have significant adverse physical or environmental effect on the
neighborhood or district. Again,the encroachment has existed since 1972.
5. The alleged difficulty is self-created. However, the Board finds that it was reasonable for the applicant to
rely on Building Permit issued by the Building Department that the addition, along with its encroachment,
was permitted.
Adopted by the following vote:
AYES: 7 (K. Kaplan, B. Gallagher, C. Grey, T. Gallogly, M. Gutch, R. Ratcliff, G. Simpson)
NAYES: 0
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.