HomeMy WebLinkAbout20210597 156 Elm Area Variance NOD
Keith Kaplan, /ŷğźƩ
C ITY OF S ARATOGA S PRINGS
Brad Gallagher, źĭĻ /ŷğźƩ
Terrance Gallogly
ZONING BOARD OF APPEALS
Cheryl Grey
Matthew Gutch
C ITY H ALL -474B ROADWAY
Gage Simpson
S ARATOGA S PRINGS, N EW Y ORK 12866
Emily Bergmann
518-587-3550
WWW.SARATOGA-SPRINGS.ORG
#20210597
IN THE MATTER OF THE APPEAL OF
Timothy Brenenstuhl and JoAnn Cassidy
61 Fieldstone Drive
Gansevoort NY 12831
from the determination of the Building Inspector involving the premises at 156 Elm Street in the City
of Saratoga Springs, New York being tax parcel number 165.74-2-52 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 residential additions to the existing house in the Urban Residential 3 (UR 3) District and
thrd
public notice having been duly given of a hearing on said application held on the 9 and 23 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 AXIMUM P RINCIPAL COVERAGE 30% 33.2% 3.2% (OR 10.7%)
M IN. F RONT Y ARD S ETBACK 10 FT 0 FT 10 FT (OR 100%)
M IN. S IDE Y ARD S ETBACK 4 FT 3.6 FT 0.4 FT (OR 10%)
M IN. T OTAL S IDE Y ARD S ETBACK 12 FT 9.7 FT 2.3 FT (OR 19.2%)
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 desires to build additions to the existing principal structure in
order to add living space on the first and second floors. In addition, the applicant would like to
reconstruct the covered entrance at the front of the principal structure and the covered porch
on the side of the principal structure. Per the applicant, due to the undersized proportions of
without the requested variances.
2. The applicant has demonstrated that granting these variances will not create an undesirable
change in neighborhood character or detriment to nearby properties. Per the applicant, the
proposed additions and reconstruct entrance and porch have been designed to be
architecturally and aesthetically consistent with neighboring homes. In addition, the applicant
notes that a significant portion of the proposed additions will be to the rear of the house and,
therefore, will be generally imperceptible from the street. Furthermore, the applicant notes
that a number of neighboring homes have covered entrances that directly abut the sidewalk,
3. The Board notes the requested front yard variances are substantial, however, the substantiality
of these variances is mitigated by the lack of adverse impact on the neighborhood as noted
above. The Board also notes that the other areas of relief are not substantial.
4. These variances will not have a significant adverse physical or environmental effect on the
neighborhood or district. Permeability will meet the district requirement.
5. The alleged difficulty is considered self-created insofar as the applicant desires to build the
additions to the existing home. However, this is not necessarily fatal to the application.
Condition: Accessory structures to be limited to 6.8% of total lot coverage.
It is so moved.
Dated: August 23, 2021
Adopted by the following vote:
AYES: 6 (K. Kaplan, B. Gallagher, E. Bergmann, C. Grey, B. Gallagher, M. Gutch,)
ABSENT: 1 (G. Simpson)
NAYES: 0
Dated: August 23, 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: _______________________________ 08/23/2021
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.