HomeMy WebLinkAbout20210551 Dunn Area Variance NOD Final Decision
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 #20210551
IN THE MATTER OF THE APPEAL OF
Christopher and Stephanie Dunn
460 Mark Rd
Allendale, NJ 07401
In the matter of the appeal the
construction of a single-family home at 1 Garside Road Extension, in the City of Saratoga
Springs, New York, being Tax Parcel #180.17-1-20 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 the Green Acres Planned Unit District
(PUD) and public notice having been duly given of a hearing on said application held on June
28, July 12 and 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:
Total relief requested
Required Proposed
Area of Relief
Max. Principal Coverage: 15% 20% 5% (33.3%)
As per the submitted plans or lesser relief, be approved
the following factors:
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible
to the applicant. The applicant demolished an existing cottage and wants to build a new
single-family home on the lot. Due to the configuration of the lot and the elevations, the
applicant desires to have a deck for outside space accessible from the rear of the home.
The deck was reduced in size to accommodate the principle building and deck not
exceeding 20% which is the combination of the principal coverage, 15%, plus the accessory
building coverage of 5%. Also, the PUD is pre-existing lots with no available land for
purchase.
2. The applicant has demonstrated that granting this variance will not create an undesirable
change in the neighborhood character or detriment to nearby properties.The applicant
provided coverages of other homes in the neighborhood with similar percentages.
3. The relief requested is considered substantial at 33.3%. However the substantiality is
mitigated by the factors noted above.
4. The applicant has demonstrated this variance will not have an adverse physical or
environmental effect on the neighborhood. The applicant provided comparable coverages in
the neighborhood and is meeting all other set back requirements. The applicant also
provided all necessary environmental and flood plain documentation.
5. The difficulty may be considered self-created. However, this is not necessarily fatal to the
applicant.
Condition: No Future accessory structures will be permitted on this property.
Note: Property is subject to the 2005 Zoning Referral Waiver Agreement from the County
Planning Board.
The associated Flood Plain Permit has been approved by the Building Department.
It is so moved, July 26, 2021.
It is so moved.
Dated: July 26, 2021
Adopted by the following vote:
AYES: 7 (K. Kaplan, B. Gallagher, C. Grey, E. Bergmann, G. Simpson, M. Gutch, T. Gallogly)
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.