HomeMy WebLinkAbout20210475 Schmidt Area Variance NOD
Keith Kaplan,
C ITYOF S ARATOGA S PRINGS
Brad Gallagher,
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
DRAFT MOTION #20210475
IN THE MATTER OF THE APPEAL OF
Emilia (Amy) and Patrick Schmidt
16 Regatta Drive
Saratoga Springs, NY 12866
from the determination of the Building Inspector involving the property located at Cobb Alley,
Lot A in the City of Saratoga Springs, New York being tax parcel number 165.66-2-70.1, in
the UR-3 District, 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 single family residence in a UR-3 District and public notice having
been duly given of a hearing on said application held on June 7 and July 12, 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 requested area variances for the
following amounts of relief:
T YPE OF R EQUIREMENT D ISTRICT PREVIOUSLY P ROPOSED R ELIEF REQUESTED
DIMENSIONAL APPROVED
REQUIREMENT
M INIMUM P RINCIPAL B UILDING 30% 50% 56% 6% RELIEF (12%)
COVERAGE O VERALL R ELIEF - 26%
R ELIEF (86.7%)
As per the submitted building footprint 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 dimensions presented in resolution
#20180185 are the same as this application, however, an error was made by the
previous applicant (Moto Holdings) whereby the principal coverage was miscalculated
at 50% when the coverage should have been 56%. The applicants have made no other
changes to the relief requested plans.
2.The applicant has demonstrated that granting this variance will notproduce an
undesirable change in neighborhood character or detriment to the nearby properties.
Per the applicant, all side, front and rear setbacks remain the same as those
previously approved in resolution #20180185.
3. The variance is considered substantial at 86.7%. However, the incremental relief of
12% is not substantial.
4. The Board finds this variance will not have an adverse physical or environmental
effect on the neighborhood.
5. The alleged difficulty is self-created as the applicant wishes to build a single-family
home, however self-creation by itself is not fatal to the application.
Note: This project will not have an actual constructed egress well. The window egress
elevation will be met with grading and landscaping, not a physical constructed element (i.e.
no surround, no concrete block, etc.). As such there are no dimensional yard requirements
to measure for the egress well.
It is so moved.
Dated: July 12, 2021
Adopted by the following vote:
AYES: 6 (K. Kaplan, B. Gallagher, T. Gallogly, C. Grey, E. Bergmann, G. Simpson)
NAYES: 0
Dated: July 13, 2021
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.
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,
six members of the Board being present.
S IGNATURE: _______________________________ 07/13/2021
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.