HomeMy WebLinkAbout20210574 Bryan 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
#20210574
IN THE MATTER OF THE APPEAL OF
Richard Bryan
138 Church Street
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 138 Church Street in the
City of Saratoga Springs, New York being tax parcel number 165.50-2-48 on the Assessment Map of
said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit
Area variance to designate garage as a separate dwelling unit, creating two detached dwellings within
the Urban Residential -3 (UR-3) District and public notice having been duly given of a hearing on said
thrd
application held on the 9 and 23days 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 REQUIREMENT P ROPOSED R ELIEF REQUESTED
M IN. A VERAGE L OT W IDTH 70.5
M AX. P RINCIPAL B UILDING 1 2 1 (100%)
as per the submitted plans or lesser dimensiond, 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 wants to designate garage as a separate dwelling unit, creating
two detached dwellings. The Board highlights that any other use except those uses permitted
within the Urban Residential -3 District would require a use variance including but not limited
to an office medical building. The applicant has provided adequate information to support the
garage being designated as a dwelling unit based on its spatial configuration the space would
not be appropriate for garage use as it would require significant demolition and renovation.
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 size meets district requirement 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 and Coverage Percentages will meet district
requirements.
5. The alleged difficulty is considered self-created insofar as the applicant desires to create a
secondary principal structure. However, this is not necessarily fatal to the application.
Condition: The existing single family unit on the said property shall remain as a single family dwelling.
It 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.