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HomeMy WebLinkAbout20200785 DeGregorio Accessory Structure NOD ,r-voGA, CITY OF SARATOGA SPRINGS Keith Kaplan, Chair g Brad Galla her, Vice Chair Terrance Gallogly 5 'f ZONING BOARD OF APPEALS Cheryl Grey *), 1 Matthew Gutch CITY HALL-474 BROADWAY ,'' Rosemary Ratcliff SARATOGA SPRINGS,NEW YORK 12866 � '� Gage Simpson c 518-587-3550 , co, N \ WWW.SARATOGA-SPRINGS.ORG Kathleen O Connor,alternate R.'ORATE° #20200785 IN THE MATTER OF THE APPEAL OF PATRICK. DEGREGORIO 38 PINE ROAD SARATOGA SPRINGS NY 12866 from the determination of the Building Inspector involving the premises at 38 Pine Road in the City of Saratoga Springs,New York being tax parcel number 165.70-1-1 on the Assessment Map of said City. The applicant having applied for an area variance under the Zoning Ordinance of said City to seek relief from the minimum front yard setback to permit finished space in an accessory structure in the Urban Residential— 1 (UR- 1)District and public notice having been duly given of a hearing on said application held on January 11,2021 and February 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 MIN. FRONT YARD SETBACK 30 FT. 15 FT. 15 FT. (50%) FINISHED SPACE IN ACCESSORY NOT PERMITTED PERMITTED 100% As per the submitted plans or lesser dimensions, be approved for the following reasons: . The Board finds that the applicant has demonstrated this benefit cannot be achieved by other means feasible tothe applicant. Per the applicant, he considered locating the proposed garage to front Pine Road. However,this option would require the applicant to ingress and egress the driveway area in a more heavily trafficked street, then if the proposed garage is located with access to Pinehurst Drive, a dead end street. Furthermore, locating the garage on Pinehurst Drive permitted the garage to be accessed from the rear exit of the primary residence according to the applicant and it also aligned it with the existing garage on the property. With regard to the habitable space,which is indicated as a"playroom" on the submitted plans,the applicant has stated that this area will consist of a finished space. However, neither this area nor any other area within the proposed garage will have cooking, bathing or overnight stays. Accordingly, the Board finds that the use of the habitable space as described by the applicant is not consistent with nor would it lead to an improper use of the habitable space. Accordingly,the Board finds that the request for the "playroom" area to be finished as proposed by the applicant to be appropriate under the circumstances. 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. According to the applicant, the proposed garage is located Pinehurst Drive, a dead-end street, which has less traffic than Pine Road. In addition,the applicant stated that the proposed garage is approximately 40 feet from the neighboring house. Moreover,with regard to the "playroom"the Board finds that the applicant is not intending to use this area for cooking, bathing or overnight stays and; therefore, it will not create any undesirable change in neighborhood character or detriment to nearby properties. 3. The Board finds this variance to be substantial; however,this is mitigated by the setback of the garage being equal to the setback of the primary residence with attached garage that currently exists on the property. Moreover, the applicant is not seeking for the "playroom" to have any features that are consistent with a living space that would be suitable for cooking, bathing or overnight stays. Indeed, as described by the applicant, the "playroom" is more of an extension of the garage area where applicant intends to engage in a hobby/collecting vehicles. 4. This Board finds this variance will not have significant adverse physical or environmental effect on the neighborhood or district. The proposed garage is located approximately 40 feet from the neighbor's residence according to the applicant. 5. The alleged difficulty is self-created insofar as the applicant desires to construct a garage space with a workshop and lounge area, but this is not necessarily fatal to the application. Conditions: I. No cooking facility or range, no overnight stays and no bathing facilities in the temporary accessory structure. Adopted by the following vote: AYES: 6 (K. Kaplan, B. Gallagher, T. Gallogly, M. Gutch, R. Ratcliff, G. Simpson) NAYES: I (C. Grey) Dated: February 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: 2/08/2021 CHAIR DATE RECEIVED BY ACCOUNTS DEPT.