HomeMy WebLinkAbout20210716 65 Phila Area Variance 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
DRAFT MOTION #20210716
IN THE MATTER OF THE APPEAL OF
Saratoga Springs Preservation Foundation, Inc.
112 Spring Street, Suite 203
Saratoga Springs NY 12866
In the matter of the appeal from the Building Inspector’s determination involving a parcel at
65 Phila Street, in the City of Saratoga Springs, New York, being Tax Parcel 165.68-1-21 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 installation of a temporary sign in the Urban Residential 4 (UR-4) District and public
notice having been duly given of a hearing on said application held on July 26, 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:
Area of Relief District Proposed Total relief requested
Requirement
Temporary Sign (without a Not
Permitted 100%
building permit) Permitted
Not
Temporary Sign (content) Permitted 100%
Permitted
As per the submitted plans or lesser relief, be approved as per this Board’s consideration of
the following factors:
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible
to the applicant. Per the applicant, it wants to install a temporary sign in front of the vacant
structure on the property to help inform the public of the applicant’s ownership of the
property and its efforts to restore the vacant structure, while also acknowledging the
designers, contractors and sponsors of the restoration project. The applicant notes that the
restoration project is currently in the design phase and it does not yet have drawings to be
able to apply for a building permit, but that it plans apply for a building permit in the near
future.
2. The applicant has demonstrated that granting these variances will not create an
undesirable change in neighborhood character or detriment to nearby properties. Per the
applicant, the proposed temporary sign will not be illuminated and will not impose upon any
of the neighboring properties. In addition, the applicant notes that the purpose of the
proposed temporary sign is to raise awareness of the restoration project, which will benefit
the neighboring properties by allowing the applicant to rehabilitate the long neglected
property.
3. The Board notes the requested variances are 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.
4. The applicant has demonstrated these variances will not have an adverse physical or
environmental effect on the neighborhood, as discussed this is a temporary non-
illuminating sign.
5. The alleged difficulty is considered self-created insofar as the applicant desires to install
the temporary sign. However, this is not necessarily fatal to the application.
It is so moved.
Dated: July 26, 2021
Adopted by the following vote:
AYES: 7 (K. Kaplan, B. Gallagher, T. Gallogly, C. Grey, E. Bergmann, G. Simpson, M. Gutch)
NAYES: 0
Dated: July 26, 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: _______________________________ 07/26/2021
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.