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HomeMy WebLinkAbout20210120 Piesnikowski Two Familt Deck NOD ,\r oG:1 Keith Kaplan, Chair CITY OF SARATOGA SPRINGS Brad Gallagher, Vice Chair ZONING BOARD OF APPEALS Terrance Gallogly air X 5L• . 1_ Cheryl Grey CITY HALL-474 BROADWAY Matthew Gutch SARATOGA SPRINGS, NEW YORK 12866 Gage Simpson '96'PoRA-rEn g5 518-587-3550 Emily Bergmann WWW.SARATOGA-SPRINGS.ORG #20210120 IN THE MATTER OF THE APPEAL OF Michael Piesnikowski 104 Walnut Street Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 104 Walnut St. in the City of Saratoga Springs, New York being tax parcel number 165.66-1 -41 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 an Urban Residential 2 (UR-2) District and public notice having been duly given of a hearing on said application held on the 8th and 29th days 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 Max Principal Coverage 30% 39% 9% (30%) TOTAL SIDE SETBACK 20' 13' 7' (35%) MIN DISTANCE TO ADJACENT LOT LINE 10' 3.6 6.4' (64%) (FRONT PORCH) 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. Per the applicant, the design replaces the current stairs to the second floor apartment that do not meet current safety standards. The board notes that the proposed deck is replacing the current existing deck with the stairs in a different orientation that will no longer block the first floor window egress. This orientation is a large contributor to the overall size of the proposed deck and the total side setback 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 proposed deck and stairway will mostly fit within the pre- existing deck and stairway footprint. The board notes that the proposed deck does not encroach on the side yard setback, however, the house itself is situated directly on the lot line on the other side and is pre-existing non-conforming. This is what attributes to the total side setback requiring a variance. 3. The Board notes the requested variances are substantial, however the impact of the substantiality is mitigated by the following: a. The maximum principal coverage includes the deck and stairway that are replacing a pre-existing non-conforming deck and stairway that has been deemed unsafe per the applicant. The footprint of the proposed deck is a reasonable size for the required purpose of being the main entrance to the second floor apartment. The lot is also a pre-existing, non-conforming undersized lot. b. The deck is well within the side yard setback, however, the house sits on the other side property line which significantly affects the total side setback. This is mitigated by the house being situated on an alley where the road provides a natural separation between properties. c. The front Porch is included in the maximum principal coverage. Given the undersized lot, the porch encroaches on the neighboring lot which is mitigated by the fact that a 6' fence separates the two properties and has been in existence for as long as the applicant has owned the home, as per applicant. 4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. The deck is replacing a pre-existing deck of similar size and will not have an impact on permeability. 5. The alleged difficulty is considered self-created insofar as the applicant desires to build the deck. However, this is not necessarily fatal to the application It is so moved. Dated: March 29, 2021 SIGNATURE: 03/30/2021 CHAIR DATE RECEIVED BY ACCOUNTS DEPT.