HomeMy WebLinkAbout20210862 Shepanzyk Area Variance 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
#20210862
IN THE MATTER OF THE APPEAL OF
Matthew and Meghan Shepanzyk
410 Canada Street
Lake George, NY 12845
From the determination of the Building Inspector involving the two-family home at 108 Clinton Street
in the City of Saratoga Springs, NY, being tax parcel number 165.43-2-24.1 on the Assessment Map of
said City. The Applicant having applied for an area variance to permit rear lot line adjustment and
seeking relief in the UR-3 District and public notice having been duly given of a hearing on said
application September 13 and 27, 2021.
In consideration of the balance between the benefit to the applicants with detriment to the health,
safety and welfare of the community, I move that the following variance for the following amount of
relief:
Type of Requirement District Dimensional Proposed Relief Requested
Requirement
Minimum lot size 6,600 square feet 3,210 square feet 3,480 square feet (52.7%)
Maximum Principal Coverage 30% 40% 10% (33.3%)
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. The applicants own the property (11 Pine Alley) at the rear of 108 Clinton
Street and wish to build a single-family home on the Pine Alley property. 11 Pine Alley has
been a pre-existing non-conforming property since the late 1800’s and in its present
configuration would have realized high percentage variances in order to fit a small 384 square
foot house with two parking spots. The lot line adjustment triggering the request for relief
(see condition 1, below) was proposed in order to reduce the setback encroachment of the
proposed residential structure, while still providing the benefit sought by the applicants and
maintaining the rear setback on the Clinton Street lot at the district requirement of 25 feet.
2. The applicants have demonstrated that granting this variance will not produce an undesirable
change in neighborhood character or detriment to the nearby properties. Although the
principal coverage has been adjusted to the new lot size, the two-family home will not be
altered or enlarged. The board notes no change in total density results from the reduction of
the subject lot’s area.
3. The Board does find the variance to be substantial at 52.7% and 33.3%, however, the
substantiality is mitigated by the lack of adverse impact noted above. Additionally, the Board
notes the condition, below to restrict accessory structures will result in total building coverage
to be equal to district requirement of 40% for both principal and accessory structures.
4. The applicants have demonstrated that granting this variance will not have an adverse
physical or environmental effect on the neighborhood. Permeability will be maintained.
Furthermore, an existing barn in a state of disrepair will be removed.
5. The request for relief may be considered a self-created hardship. However, self-creation is not
necessarily fatal to the application.
Conditions:
1) This approval is conditioned upon an approved Lot Line adjustment between the subject parcel and
11 Pine Alley.
2) No accessory structures are permitted.
It is so moved, September 27, 2021
Adopted by the following vote:
AYES: 6 (K. Kaplan, B. Gallagher, M. Gutch, G. Simpson, J. Daley C. Grey)
NAYES: 0
Dated: September 27, 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: _______________________________ 09/28/2021
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.