HomeMy WebLinkAbout20210586 Levy 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
#20210586
IN THE MATTER OF THE APPEAL OF
Jeffrey and Rosemary Levy
5 Persimmon Place
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 25 Joseph Street in the City of
Saratoga Springs, New York being tax parcel number 165.81-1-21.1 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 an in-ground swimming pool in an Urban Residential-2 (UR-2) District and public notice having
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been duly given of a hearing on said application held on the 26 day of July and 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 variance for the following amount of relief:
T YPE OF R EQUIREMENT D ISTRICT REQUIREMENT P ROPOSED R ELIEF REQUESTED
M AX A CCESSORY C OVERAGE 10% 11.7% 1.7% (17%)
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. Per the applicants, a smaller pool was considered, however, the larger pool allows for a
deeper section that is safer for active use of jumping and diving.
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 applicants, the in-ground pool will
not be visible to nearby properties. The board notes this is a large property and the applicants note that
the proposed location of the pool will not negatively impact neighboring properties. The proposed plans
follow the standard safety and fencing guidelines.
3. The Board notes the requested variance of 17% is not substantial. This is further mitigated by the fact
that the combined principal building coverage and the proposed accessory coverage will not exceed the
district requirement of 40%.
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood
or district. Per the applicants, the in-ground pool will not be visible to the neighbors, and the lot
permeability will continue to exceed the district requirement of 25%.
5. The alleged difficulty is considered self-created insofar as the applicant desires to put in the pool.
However, this is not necessarily fatal to the application.
Condition: Future Total coverage (Principal and Accessory) should not exceed District requirements (40%), and
is limited to 11.1%
It is so moved.
Dated: August 23, 2021
Adopted by the following vote:
AYES: 5 (K. Kaplan, B. Gallagher, E. Bergmann, C. Grey, M. Gutch,)
ABSENT: 1 (G. Simpson)
RECUSED: 1 (B. Gallagher)
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.