HomeMy WebLinkAbout20210481 Thornton 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
#20210481
IN THE MATTER OF THE APPEAL OF
Patricia V. and Daniel B. Thornton
215 Grand Ave
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 215 Grand Avenue in the
City of Saratoga Springs, New York being tax parcel number 165.65-2-21 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
subdivision of an existing lot to include an existing single-family lot and create a new lot #2 within an
Urban Residential 2 (UR-2) District and public notice having been duly given of a hearing on said
thth
application held on the 12 day of July and the 9 day of August 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 variances for the following amount of
relief:
T YPE OF R EQUIREMENT D ISTRICT P ROPOSED R ELIEF REQUESTED
REQUIREMENT
M INIMUM S IDE Y ARD S ETBACK (L OT #1) 8’ 5’ 3’ (37.5%)
as per the submitted plans or lesser dimensions, be APPROVED for the following reasons:
1. The applicant has demonstrated that this benefit cannot be achieved by other means feasible
to the applicant. The applicant notes that, in order for the proposed lot #2 to meet the district
requirement for minimum lot size, the lot line between the two proposed lots has to be placed
in a manner that requires the requested variance for the existing principal structure on
proposed lot #1. In addition, the applicant notes that the size of the existing lot was reduced to
provide a parcel of land to the City for the creation of a “slip ramp” intersection adjacent to the
property and, without such reduction, the proposed subdivision would not require any area
variances. The Board notes that granting the requested variance will allow the two proposed
lots to be subject to the minimum number of area variances necessary to create the
subdivision and will avoid the creation of a suboptimal-sized lot #2.
2. The applicant has demonstrated that granting this variance will not create an undesirable
change in neighborhood character or detriment to nearby properties. Per the applicant, the
existing lot is of significant size and the neighborhood context supports the density of two
building lots as per this proposal.
3. The Board notes the requested variance is 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. This variance will not have a significant adverse physical or environmental effect on the
neighborhood or district. Permeability requirements will meet district requirements.
5. The alleged difficulty is considered self-created insofar as the applicant desires to subdivide the
existing lot into two new lots. However, this is not necessarily fatal to the application.
It is so moved.
Dated: August 9, 2021
Adopted by the following vote:
AYES: 4 (K. Kaplan, B. Gallagher, E. Bergmann, G. Simpson,)
NAYES: 0
Dated: August 09, 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, four members
of the Board being present.
S IGNATURE: _______________________________ 08/10/2021
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.