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HomeMy WebLinkAbout20210557 Tyler 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 DRAFT MOTION #20210557 IN THE MATTER OF THE APPEAL OF Matthew and Amy Tyler 213 Lake Ave. Saratoga Springs NY 12866 213 Lake Ave., in the City of Saratoga Springs, New York, being Tax Parcel 166. 46-2-64 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 a second story to an existing principal structure and a rear addition to the house in the UR-3 District and public notice having been duly given of a hearing on said application held ththrd on the 26 day of July 2021 through the 9 and 23 days 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: TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF DIMENSIONAL REQUESTED REQUIREMENT Min. Front Yard Setback 10ft 9.6ft 0.4ft or 4% relief Total Side Yard Setback 12ft 5.7ft 6.3ft or 52.5% relief Side Yard Setback (Garage Side) 4ft 1 3ft or 75% As per the submitted plans or lesser dimension, be approved following factors: 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant desires to construct a full second floor to the existing building footprint, a front porch, and a rear addition that will keep in line with existing setbacks. Applicant noted that; other designs were reviewed, but current design provided the least amount of required relief, while maximizing space. The existing front porch is non-conforming, and a porch extension will not work if not aligned with existing porch. The new front porch will more closely match that of neighboring porches. The addition in the rear of the house is within the allowable setbacks. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in the neighborhood character or detriment to nearby properties. The applicant noted that the proposed relief will allow the house to be more in line with neighboring homes. According to the applicant, the coverage of the principal structure and the front yard setback are not changing from their existing configuration and, as such, the 2nd story addition will not impose on the adjacent properties in any different manner than the existing principal structure. Additionally, as noted the th Design Review Commission previously approved the applican plans April 29, 2020. 3. The Board notes the requested side yard variances are 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. The Board also notes that the requested front yard relief is not substantial. 4. These variances will not have a significant adverse physical or environmental effect on the neighborhood or district. The Property will not exceed district requirements for permeability. 5. The alleged difficulty may be considered self-a full second floor to the existing building footprint and rear addition, but this is not necessarily fatal to the application. Condition: This approval is limited to the approved 1 ft. setback on the garage side of home to remain in the current footprint and at the current height as per submitted plans. It is so moved, August 23, 2021. Adopted by the following vote: AYES: 6 (K. Kaplan, B. Gallagher, E. Bergmann, C. Grey, M. Gutch, B. Gallagher) 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.