HomeMy WebLinkAbout20210025 Just Cats Commercial Building Plans As-Approved
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
20210025
IN THE MATTER OF THE APPEAL OF
David Eger
15170 Burnt Store Road
Punta Gorda, FL 33955
From the determination of the Building Inspector involving the premises at 1Driscoll Road in the City
of Saratoga Springs, NY, being tax parcel number 191.1-25 on the Assessment Map of said City. The
Applicant having applied for an area variance to construct a new commercial structure on a vacant lot in
the Tourist Related Business (TRB) and Rural Residential (RR) Districts and public notice having been
duly given of a hearing on said application March 29 and April 19, 2021.
In consideration of the balance between the benefit to the Applicants with detriment to the health, safety
and welfare of the community, I move that the following variance for the following amount of relief:
Type of Requirement District Dimensional
Requirement Proposed Relief Requested
Front yard setback for 40 ft.
5 ft. 35 ft. (87.5%)
parking (TRB):
Front yard setback for 60 ft.
5 ft. 55 ft. (91.7%)
parking (RR):
Free standing sign: 1 2 100%
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 lot consists of variations in elevation and wetland areas that the applicant stated
they want to maintain. In order to have the required number of parking spaces for both the
residential apartments and three commercial spaces, moving the parking along Driscoll Road
was determined to be the most logical and convenient location on the property. The applicant
stated that they considered moving parking further back on the lot but that portion of the
property was wetlands also.
2. The applicant has demonstrated that granting this variance will not produce an undesirable
change in neighborhood character or detriment to the nearby properties. The property across
Driscoll Road is owned by NY State Park and would not be affected by the positioning of the
parking lot. The additional signage proposed on Driscoll Road will clearly direct clients to the
parking lot for the commercial building per the applicant.
3. Although the requested variances are substantial at 87.5% and 91.7%, the lot has two front
setbacks of Route 9 and Driscoll Road incurring additional distance for the parking to be
setback from Driscoll Road. The signage variance is also substantial at 100% but because of the
turn onto Driscoll Road will indicate the entrance for clients per the applicant.
4. The Applicant has demonstrated that granting this variance will not have an adverse physical or
environmental effect on the neighborhood. The applicant has taken into account both the
topography and the wetlands on the property and designed the parking to be the least invasive.
5. The alleged difficulty is self-created, but this is not necessarily fatal to the application.
Notes:
Saratoga County Planning Board Negative Declaration- No significant Countywide or
Intercommunity Impact ( 3/31/21)
Based on comments from the Saratoga County Planning Board Review, The
Zoning Board of Appeals requests review by the City Planning Board regarding
potential adverse lighting impacts along Driscoll Rd and Route 9.
New York State Parks, Recreation and Historic Preservation review of no impact, 2/25/21
It is so moved.
Dated: April 19, 2021
S IGNATURE: _______________________________ 04/20/2021
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.