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HomeMy WebLinkAbout20210134 Riley Accessory Structure NOD Keith Kaplan, Chair C ITY OF S ARATOGA S PRINGS Brad Gallagher, Vice Chair Terrance Gallogly ZONING BOARD OF APPEALS Cheryl Grey  Matthew Gutch C ITY H ALL - 474 B ROADWAY Gage Simpson S ARATOGA S PRINGS, N EW Y ORK 12866 Emily Bergmann 518-587-3550 WWW.SARATOGA-SPRINGS.ORG 20210134 IN THE MATTER OF THE APPEAL OF Stephen and Shelley Riley 24 Ruggles Road Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 24 Ruggles Road in the City of Saratoga Springs, New York being tax parcel number 167.00-1-18.1 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 an accessory structure with finished space in the Rural Residential (RR) District and public notice having been duly given of a hearing on said application held on March 9, 2021 and March 29, 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: T YPE OF R EQUIREMENT D ISTRICT P ROPOSED R ELIEF DIMENSIONAL REQUESTED REQUIREMENT M IN. F RONT Y ARD S ETBACK FOR 60 FT. 50 FT. 10 FT. (16.7%) A CCESSORY S TRUCTURE F INISHED S PACE IN A CCESSORY N OT P ERMITTED P ERMITTED 100% S TRUCTURE 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. The applicant wants to construct a 10 x 14 ft. finished shed that can be used as an office and/or creative space and that is fully removed from the principal structure on the property. The applicant has noted that having a dedicated space separate from the principal structure would be most conducive for their work and creative endeavors. According to the applicant, despite the large size of the property, the proposed location of the shed is the only feasible location on the property because of the challenging topography and terrain of the property. The applicant notes that other potential locations on the property would require the shed to be built on a slope or would cause the path to the shed to be difficult to traverse. 2. The applicant has demonstrated that granting these variances will not create an undesirable change in the neighborhood character or detriment to neighboring properties. According to the applicant, the shed will be located at the top of a ridgeline above nearest street and will be surrounded by a significant amount of trees and other shrubbery, such that the shed will be “imperceptible” from the street and the neighboring properties. 3. The Board notes that the requested variance of 100% for the finished accessory structure 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. The Board also notes that the variance of 16.7% for front yard setback relief is not significant. 4. The applicant has demonstrated these variances will not have a significant adverse physical or environmental effect on the neighborhood or the district. Permeability will meet the district requirement. 5. The difficulty may be considered self-created insofar as the applicant desires to build a shed with finished space, but this is not necessarily fatal to the application. Condition: No sleeping, cooking or bathing facilities may be constructed in the proposed shed. It is so moved. Dated: April 19, 2021 S IGNATURE: _______________________________ 04/20/2021 C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.