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HomeMy WebLinkAbout20210474 Shepanzyk 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 #20210474 IN THE MATTER OF THE APPEAL OF Derek and Kristina Shepanzyk 55 State St. Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 55 State Street in the City of Saratoga Springs, New York being tax parcel number 165.43-2-11 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 second floor addition and roof in an Urban Residential-3 (UR-3) District and public notice having been duly given of a hearing on said application held on the 12th and 26th days 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 IN S IDE Y ARD S ETBACK 4 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 applicants note that the house is pre-existing, non- conforming, and the rear portion is being remodeled to add additional height and to provide a new roof that is structurally sound. The house roof and overhangs currently encroach on the district requirement setback by 2 feet. The house cannot be moved since this is a renovation and not a complete rebuild, and the property line cannot be moved to relieve the need for a variance. 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 plans, the remodeled roof will be elevated but will not extend further into the setback than the current roof and overhangs. Per the applicant, the increased height of the new roof is not easy to see from the street since it is in the back of the house and property. 3. The Board notes the requested variance is substantial, however the impact of the substantiality is mitigated by the plans for the new roof and overhangs since they will not extend further into the setback than the current pre-existing, non-conforming roof and overhangs. 4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. The plans intend to increase the elevation of the rear portion of the house which will not be visible from the street and will not have an impact on permeability. 5. The alleged difficulty is considered self-created insofar as the applicant desires to add second floor and remodel the rear roof. 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, 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.