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HomeMy WebLinkAbout20180700 16.046 SamesMixedUseBuilding_ZBAResoCENTENNIAL CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS 0 CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866 PH) 518-587-3550 Fx) 518-580-9480 W W W.SARATOGA-SPRI NGS.ORG IN THE MATTER OF THE APPEAL OF MATT SAM ES 20 BOWMAN STREET SARATOGA SPRINGS, NY 12866 Bill Moore Chair Keith B. Kaplan Vice Chair Adam McNeill Secretary Gary Hasbrouck George "Skip" Carlson James Helicke Susan Steer (-)rl.272016 ACCOUNTS DEPARTMENT 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 179.29-3-1 1 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 October 11 and 24, 2016. 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 amount of relief: Type of Requirement District Dimensional Requirement Proposed Relief Requested Minimum Side Yard Setback 40 feet 6.8 feet 33.2 feet (83%) Minimum Front Yard Setback 40 feet 27.1 feet 12.9 feet (32%) Minimum Side Yard Setback (to parking) 20 feet 1.8 feet 18.2 feet (91 %) Minimum Rear Yard Setback (to parking) 25 feet +/- 18 feet 7 feet (28%) As per the submitted plans or lesser dimensions, BE APPROVED for the following reasons: 1. The Board finds that the Applicant has demonstrated this benefit cannot be achieved by other means feasible to the Applicant. 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-story building. 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 lot 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. The property is located at the edge of a Tourist Related Business District and an eating and drinking establishment is a permitted use. There is a bar/restaurant on the lot directly to the south 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. 3. 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. The Board finds that the Applicant has demonstrated that granting this area variances will not have an adverse physical or environmental effect 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. The request for relief may be considered a self-created hardship, however self -creation alone is not fatal to the application. Conditions: Second floor to be residential only and only accessible from outside the building. The second -story deck will be for residential use only. Recommendations for Planning Board: Consider proper placement of patio if outdoor dining and entertainment is contemplated. Adopted by the following vote: AYES: 6 (B. Moore, K. Kaplan A. McNeill, G. Hasbrouck, S. Steer, C. Grey) NAYES: I (S. Carlson) Dated: October 24, 2016 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. I0/2-7 //60 Date Chair 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.