HomeMy WebLinkAbout20210433 48 Outlook Ave 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
#20210433
IN THE MATTER OF THE APPEAL OF
Christianne Smith
48 Outlook Ave
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 48 Outlook Ave in
the City of Saratoga Springs, New York being tax parcel number 165.14-1-14.1 on the
Assessment Map of said City.
This being a request for an area variance under the Zoning Ordinance of said City to permit
the addition of a rear deck addition to a residence in an Urban Residential 2 (UR-2) District
and public notice having been duly given of a hearing on said application held on the 7th day
of June through the 26th 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 P ROPOSED R ELIEF
REQUIREMENT REQUESTED
M INIMUM R EAR Y ARD S ETBACK 25 19.5 5or 22%
P RINCIPAL B UILDING C OVERAGE 30% 33.3% 3.3% or 10.8%
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 Board notes that the placement of the deck is limited to
the rear, given the even greater amounts of setback relief that would be needed to
place the addition on either side of the residence. The applicant notes that the size of
the deck is driven by function and a smaller deck would result in insufficient space for
chairs, table and general usage.
2. The applicant has demonstrated that granting this variance will not create an
undesirable change in neighborhood character or detriment to nearby properties. The
Board notes that the deck is placed on the rear side of the house, and is not visible
from the street. The Board further notes that the lot coverage variance for the principal
structure is minor, and that there are currently no accessory structures on the site. See
condition below.
3. The proposed variances are not substantial.
4. The proposed variances will not have adverse physical or environmental effects on the
neighborhood. The lot will well exceed the permeability requirement of 25%.
5. The alleged difficulty is considered self-created insofar as the applicant desires to
build the deck. However, this is not necessarily fatal to the application.
Condition: Accessory structure coverage to be limited to 6.7%.
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.