HomeMy WebLinkAbout20210057 Turner Residential Fence NOD �� O � 6'p CITY OF SARATOGA SPRINGS Keith Kaplan, Chair
� Brad Gallagher, Vice Chair
•'CC)
j : ZONING BOARD OF APPEALS Terrance Gallogly
'+a • Cheryl Grey
C) , r-`/�4 CITY HALL-474 BROADWAY
Matthew Gutch
• �` SARATOGA SPRINGS, NEW YORK 12866 Gage Simpson
PORATRO 91� 518-587-3550 Kathleen O'Connor, alternate
WWW.SARATOGA-SPRI NGS.ORG
#20210057
IN THE MATTER OF THE APPEAL OF
Paula Turner
19 Shaw Drive
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 19 Shaw Drive in the City of Saratoga
Springs,New York being tax parcel number 178.52-1-28 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 fence in an Urban Residential 2 (UR-2) District and public notice having been duly given of a
hearing on said application held on the 22nd day of February and 8th day of March 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 PROPOSED RELIEF
REQUIREMENT REQUESTED
MAXIMUM HEIGHT FOR WALLS AND FENCES 6' 9.8' 3.8' (63.3%)
as per the submitted plans or lesser dimensions,be APPROVED for the following reasons:
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant.
According to the applicant,the foundation of the principal structure on the property had to be raised in
order to avoid ground water issues due to the property's high water table and, as a result, a retaining wall,
ranging in height from 0.75ft. - 3.5 ft. was built around the backyard of the property to allow it to be level
with the height of the principal structure. The fence was erected on top of the retaining wall and,per the
applicant,was built at the standard height of 6 feet in order to provide the applicant with a sufficient
amount of privacy from the adjacent property to the north,the public land to the west and the public right
of way to the south of the property. In addition,the applicant notes that,without the fence,the retaining
wall could present a safety hazard to those utilizing the applicant's backyard.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. Per the applicant,the fence and the retaining
wall are built in a manner and using materials that allow them to blend in with the surrounding
neighborhood. In addition, as currently constructed,there are portions of the fence and retaining wall that
have a combined height of less than the requested relief(with the shortest portion of the fence and wall
measuring 6.75 ft.),which lessens the overall impact on the neighborhood and the adjacent properties.
3. The Board notes the requested variance of 63.3% is 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. Permeability requirements will meet district requirements.
5. The alleged difficulty is considered self-created insofar as the applicant has constructed the fence.
However,this is not necessarily fatal to the application.
Adopted by the following vote:
AYES: 5 (K. Kaplan,B. Gallagher, T. Gallogly,M. Gutch, G. Simpson)
NAYES: 1 (C. Grey)
RECUSED: 0
Dated: March 08,2021
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: 03/12/2021
C IR DATE RECEIVED BY ACCOUNTS DEPT.