The URL can be used to link to this page

Home My WebLink About20210577 Sgroi Area Varince 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 #20210577 IN THE MATTER OF THE APPEAL OF Nicholas & Kristen Sgroi 331 Caroline Street Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 331 Caroline Street in the City of Saratoga Springs, New York being tax parcel number 166.14-2-41, in the UR-1 district on the Assessment Map of said City. This being an application for an area variance under the Zoning Ordinance of said City to permit the construction of a second floor and convert the carport to a garage on an existing residence and public thth notice having been duly given of a hearing on said application held on the 26 of July and on the 9 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 amounts of relief: T YPE OF R EQUIREMENT D ISTRICT DIMENSIONAL P ROPOSE R ELIEF REQUESTED REQUIREMENT D M AXIMUM P RINCIPAL C OVERAGE 20% 34.7% 14.7% (73.5%) F RONT S ETBACK – C AROLINE S T. (E GRESS W ELL) 30 FT. 7.5 FT. 22.5 FT. (75%) F RONT SETBACK – C AROLINE S T. (P ORCH) 30 FT. 10.5 FT. 19.5 FT. (65%) F RONT S ETBACK – S CHUYLER S T. 30 FT. 24 FT. 6 FT. (20%) S IDEYARD S ETBACK (P ATIO) 10 FT. 5 FT. 5 FT. (50%) As per the submitted plans or lesser, be approved for the following reasons: 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. Per the applicant, the current one-story residence is pre-existing non- conforming and the applicant seeks to construct a 765 square foot second story. The applicant stated that with the exception of overhangs, the second story will not exceed the dimension of the current residence. As such, the residence will not impede further into the setback than the existing structure. The applicant stated that alternative plans were considered, but those plans impeded further into the setbacks. The applicant noted that no additional land is available for purchase. a. With regard to the Caroline Street egress well, those conditions are pre-existing prior to purchase of the home in 2016 and are not being changed by the applicant. These conditions have existed for approximately 9 years and were completed by the prior owner of the property. 2. The applicant has demonstrated that granting these variances will not create an undesirable change in neighborhood character or detriment to nearby properties. The applicant noted that there are numerous two-story residences in the neighborhood. Moreover, the applicant stated that they are not removing any of the existing mature trees. The Board notes that these trees provide character and some privacy. 3. The Board notes the requested variances are substantial; however, the substantiality of these variances is mitigated by the pre-existing conditions on the property as noted above. The Board notes that there is a previously approved variance dated February 26, 2013, for the property allowing for a 10.5 ft. front setback of Caroline Street and 30% Max Principal Coverage. The relief being sought today is for an additional 4.7% Principal Coverage intended to include pre-existing egress wells and others as stated in Table above. The Board also noted that the premises is located on a corner lot with two Fronts (Caroline Street and Schuyler Drive). 4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. The applicant stated that no trees would be removed to construct the second story. Permeability will not exceed District requirements. 5. The alleged difficulty is self-created insofar as the applicant’s desire to construct a second story on the existing one-story residence, but this is not necessarily fatal to the application. Condition: No Future accessory structure shall exceed the currently proposed 1.5% Accessory Coverage. 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.