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HomeMy WebLinkAbout20180933 2914 Matt Sames NOD Bill Moore .. ka CITY OF SAR TOGA SPRINGS Chair Keith B.Kaplan i ZONING BOARD OF APPEALS Vce Chair Susan Steer t. Cheryl Grey IT HALL-474 BROADWAY Brad Gallagher SARATOGA SPRINGS,NEW YORK 12866 Rebecca Kern, alternate PH)5 18-587-3550 FX)5 18-580-9480 PORAT 0 WWWSARATOGA—SPRINGS.ORG 42914 IN T1 IE MATTER OF THE APPEAL OF JAN 14 2019 MATT SAMES 19 BLUE JAY WAYACCOUNTS M REXFORD NY 12148 OaPARTMS 7 t From the determination of the Building Inspector involving the premises at 20 Bowman Street in the City of Saratoga Springs,NY, being tax parcel number 179.29-3-11 on the Assessment Map of said City. The Applicant having applied for area variances to convert an existing one-story building to a two-story building with an eating and drinking establishment on the first floor and a residential unit on the second floor in a Tourist Related Business District and public notice having been duly given of hearings on said application on December 10, 2018 and January 7, 2019. This is the exact same project and same relief previously granted on October 24, 2016, which expired. The Board notes no change in the project or in the neighborhocd since the application was granted. In consideration of the balance between the benefit to the Applicant with the detriment to the health, safety and welfare of the community, I move that the following variances for the following a1110Unt of relief: Type of Requirement District Dimensional Proposed Relief ReqUested Requirement 3%) Minimum Side Yard 40 feet 6.8 feet J-) ,,- feet(8-1 Setback Minimum Front Yard 40 feet ".1.7.1 feet 12.9 feet(12%) Setback Minimum Side Yard 20 feet 1.8 feet 18.2 feet(9 1% Setback(toparking) Minimum Rear Yard 2 5 feet 18 feet 7 feet(2_8%) Setback to parking) As per the submitted plans or lesser diniencions, 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. As previously resolved on October 24, 2016- The Applicant intends to construct a two-story building with an eating and drinking establishment on the first floor and a residential unit on the second floor by converting the existing one-stor-N., building. V �­ The Applicant has demonstrated that due to the fact that the lot is small, it would not be possible to demolish the existing building and construct a new building without a variance for parking. The Applicant intends to locate parking on the side of the lot that borders an existing bar/restaurant so as to mitigate any noise., traffic or congestion on the sides of the to that border the residential district. The Applicant recognizes the limited availability of off-street parking in the neighborhood and is not asking for a variance for parking and has provided 17 parking spaces to serve the business and residence. Further, the Applicant has explained that the proposed location for parking is safer than what currently exists for the property since the area where cars will ingress and egress the property will be smaller and sidewalks will be installed. The Applicant has indicated that no other land is available to purchase. 2. The Board finds that the Applicants has demonstrated that granting this variance will not produce an undesirable change in neighborhood character and not be a detriment to the nearby properties. As previously resolved on October 24, 2016: 1W The property is located at the edge of a Tourist Related Business District and an eatin.2 and drinking establishment is a permitted use. There is a bar/restaurant on the lot directly to the SOLIth of the property,- and the race track and harness tracks are nearby. Further, a horse stable is located directly across the street and the lot directly to the north of the property is used for parking during the racing season. There are also single and multiple family, homes in the neighborhood. Currently, the building is in disrepair. Revitalization of the site will have a positive impact on the neighborhood. As previously resolved on October 24, 2016: The Board finds that the requests for relief are substantial, but substantiality is offset by the fact that the lot is small and the Applicant intends to provide for the required off-street parking for the intended use of the property and the parking will be located on the side of the lot nearest the bar and restaurant establishment located directly to the south of the property which is also part of the Tourist Related Business district. Further,the addition of the second story will align with the existing setback and will not encroach upon the setback any further. 4. As previously resolved on October 24, 2016: The Board finds that the Applicant has demonstrated that granting this area variances will not have an adverse physical or environmental of on the neighborhood. The Applicant will need to obtain a special use permit and undergo site plan review before the project is approved. The site will be improved to the extent that there will be a consolidation of the existing curb cut and a sidewalk will be installed. The proposed site permeability is 33.3%which exceeds the required 30% permeability 5. As previously resolved on October 24, 2016: The request for relief may be considered a self-created hardship; however, self-creation alone is not fatal to the application. Note: 1effinnation of Negative SEA Declaration, issued October 24, 2016. Saratoga County Planning Board has stated that a new County referral is not required. See email and original referral response of"No Significant Countywide or Intercommunity Impacts'", dated October 24., 4 210 16. Conditions: Second floor to be residential only and only accessible from outside the building. The second-story deck will be for residential use only. Adopted by the f ll wincy vote: AYES: . Moore, K. Kaplan, S. Steer, B. Gallagher, B. Kerns NAY S: I . Grey) Dated: January 7, 2019 Jan uar r 14, 2019 Date Chair I hereby certify the acre to be a full, true and correct copy of a resolution duly adopted by the Zoning. Board of Appeals ofthe City ofS r t Sporin on the date above mentioned,� pix members f h Board %-11being present. I I