HomeMy WebLinkAbout20200764 Shepanzyk Area Variance NOD �t0f� � CITY OF $ARATOGA $PRINGS Keith Kaplan,Chair
���`. SI f, Brad Gallagher,Vice Chair
~ "�f. " % ZONING BOARD OF APPEALS Terrance�allogly
� `,.,�
` A �� �.� Cheryl Grey
� , ! GTY HALL-474 BROADWAY Matthew Gutch
/` $ARATOGA$PRINGS,New YoRK 12866 Gage Simpson
- / ,;"r�l, Emily Bergmann
.. �.
518-587-3550
C;r,p� AT�U �a, WWW.SARATOGA-SPRINGS.ORG
#20200764
IN THE MATTER OF THE APPEAL OF
Matthew and Meghan Shepanzyl<
410 Canada Street
Lake George, NY 12845
from the determination of the Building Inspector involving the premises at 11 Pine Alley in the City of
Saratoga Springs, New York being tax parcel number 165.43-2-24.2 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 a new single-family residence in a UR-3 District and public notice having been duly
given of a hearing on application held on November 30, 2020; June 7 and July 26, September 13 and
27, 2021.
In consideration of the balance between benefit to the applicants 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 DIMENSIONAL REQUIREMENT PROPOSED RELIEF REQUESTED
MINIMUM LOT SIZE 6600 sQ FT 2752 SQ FT 3848 sQ Fr(58.3%)
MINIMUM AVERAGE WIDTH 6O FT 4C FT 14 FT(23.3%)
SETBACK, REAR ZS FT ZS FT 10 FT(40%)
TOTAL SIDE SETBACK 12 FT 11 FT 1 FT(8.3%)
MINIMUM FIRST FLOOR AREA 1200 SQ FT 384 SQ FT 816 sc1 FT(68%�
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 applicant. Due to the pre-existing nonconforming 1,728 square foot original size of the lot,
construction of a single family home would require variances. The applicants have designed a
single-family home to minimize the variances required. The board notes that this lot is a
buildable lot under section 5.5B of the City Zoning Ordinance. Further, the applicants have
committed to a lot line adjustment with a separate parcel they own at 108 Clinton Street
reducing the amount and percentage of variances; see condition, below. The board further
notes the applicant explored a third story to the home but determined that would not be
feasible for the applicant's use of the building, nor reduce impacts on neighboring properties.
2. The applicants have demonstrated that granting this variance will not produce an undesirable
change in neighborhood character or detriment to the nearby properties.The applicant
determined that altering the shared lot line between 108 Clinton Street and 11 Pine Alley, and
positioning the new residential structure adjacent to what will be the rear portion of 108
Clinton Street, would reduce the variances required, and the impact to neighboring properties.
The applicant also agreed to position the house five feet from the neighboring rear side lot line
to allow for a more agreeable distance for any future development. Parking for two vehicles
for the Pine Alley home has been created on the lot as required by code. Further, an unusable
barn will be demolished in the rear of 108 Clinton Street.
3. Although the variances are substantial at 58.3%, 23.3%, 40% and 68%this is due to the fact
that the lot is undersized while having the status of a buildable lot. The Board notes that the
substantiality is mitigated by the change in lot size brought about by the lot line adjustment,
upon which the Board's approval is conditioned; see below. (See Resolution for 108 Clinton
Ave- 20210862)
4. The Board finds this variance will not have an adverse physical or environmental effect on the
neighborhood.The applicant presented information concerning other preexisting residences
and accessory structures on Pine Alley with similar size and setbacks. The applicant will
structure an easement for utilities to be accessed through the lot at 108 Clinton Street. The
applicant will also demolish an existing barn which is in a state of disrepair on the 108 Clinton
Street property which was not able to be renovated for the purposes of the applicant. Storm
water management practices will be installed where none exist today. The applicant has also
allowed for two parking spots on the Pine Alley lot. Furthermore,the applicant has indicated
that lot will be landscaped and buffer plantings will be installed.
5. The alleged difficulty is self-created insofar as the applicants' desire to construct the proposed
single family home, but this is not necessarily fatal to the application.
Conditions:
1) This approval is conditioned upon an approved Lot Line adjustment between the subject parcel and
108 Clinton Street.
2) No accessory structures are permitted.
It is so moved, September 27, 2021
Adopted by the following vote:
AYES: 5 (K. Kaplan, B. Gallagher, M. Gutch, G. Simpson,J. Daley)
NAYES: 1 (C. Grey)
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.
SIGNATURE: 09/28/2021
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.