HomeMy WebLinkAbout20210476 14 Cherry Street 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
#20210476
IN THE MATTER OF THE APPEAL OF
Peter Sparagna and Margaret Bonaventura
14 Cherry St.
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 14 Cherry Street in
the City of Saratoga Springs, New York being tax parcel number 165.58-3-7 on the
Assessment Map of said City.
The applicants having applied for an area variance under the Zoning Ordinance of said City to
permit the construction of a front entryway and second floor porch in an Urban Residential-4
(UR-4) District and public notice having been duly given of a hearing on said application held
on the 7th day of June and 12th day of July, 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 REQUIREMENT P ROPOSED R ELIEF REQUESTED
M IN F RONT Y ARD S ETBACK
as per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The applicants have demonstrated this benefit cannot be achieved by other means
feasible to the applicants. The applicant notes that the lot is pre-existing, non-
conforming and there are no neighboring properties available to achieve the desired
front entryway.
2. The applicants have demonstrated that granting this variance will not create an
undesirable change in neighborhood character or detriment to nearby properties. Per
the applicants, the entryway will create a desirable change to the neighborhood, as the
entryway will make the property look more like a residential structure. The requested
setbacks. Per the applicants, granting this variance will improve the overall uniformity
of the neighborhood and front yard setbacks along Cherry Street.
3. The Board notes the requested variance is substantial, however the impact of the
substantiality is mitigated by the neighborhood character and uniformity discussed in
paragraph 2.
4. This variance will not have a significant adverse physical or environmental effect on
the neighborhood or district. The proposed addition will be built on a part of the
property that is currently a concrete driveway. As a result, this will not have an impact
on permeability or loss of green space.
5. The alleged difficulty is considered self-created insofar as the applicant desires to
build the addition. However, this is not necessarily fatal to the application
Condition - Approval contingent upon receipt of a compliance letter from National Grid
regarding the Proximity to Power lines.
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 12, 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.