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HomeMy WebLinkAbout20210774 150 Fifth Avenue Area Variance NOD (2) TOGAs CITY OF SARATOGA SPRINGS Keith Kaplan,Chair �Q, A Brad Gallagher,Vice Chair ZONING BOARD OF APPEALS TerranceeIGrey ly 07 �A Y CITY HALL-474 BROADWAY Matthew GutchGage Simpson .i7 • SARATOGA SPRINGS,NEW YORK 12866 qo g�` 518-587-3550 Emily Bergmann •/Nca'PPORATED ,9WWW.SARATOGA-SPRINGS.ORG #20210774 IN THE MATTER OF THE APPEAL OF Paul and Veronica Fallisi 150 Fifth Ave Saratoga Springs, NY 12866 In the matter of the appeal from the Building Inspector's determination involving a parcel at 150 5th Ave, in the City of Saratoga Springs, New York, being Tax Parcel 166. 14-4-26.1 on the assessment map of said City. The applicant having applied for area variance under the Zoning Ordinance of said City to permit the construction of three dormers to the existing roof and to replace the existing front porch in the UR-1 District and public notice having been duly given of a hearing on said application held on the 18th day of October 2021 through the 1st day of November 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 Minimum Front Setback 30ft 10.9ft 19.1ft or 63.7% relief Max Driveway Width 48ft 96.5ft 48.5ft or 101% relief As per the submitted plans, be approved as per this Board's consideration of the following factors: 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant is seeking to construct three dormers to the existing roof and to replace the existing front porch. The Board notes that the front setback relief is not triggered by the dormers, but by the replacement of the porch, which will only increase the encroachment over the front setback by 6.lft more than existing. The Board also notes a previous 1986 Area variance for front setback, permitting up to 12ft. The Applicants note that a smaller porch like the existing configuration was found not to be functionally sufficient by the applicant. With regard to the driveway, the Board notes those conditions are pre-existing prior to 2007 and are not being changed by the applicant.The Board Further notes that the driveway is circular in its configuration leading to the 96.5ft width. It is not the intent of the board to permit a completely paved driveway at 96.5ft similar to a parking lot. 2.The applicant has demonstrated that granting this variance will not create an undesirable change in the neighborhood character or detriment to nearby properties. A visual context of the neighborhood was provided, and the applicant noted that both the new dormers and porch relative to the front property line will be in line with neighboring homes. 3. The Board notes the requested variances are substantial. However, the Board notes that the substantiality is mitigated by the lack of adverse impact on the neighboring properties, as noted above. 4. These variances will not have a significant adverse physical or environmental effect on the neighborhood or district. Permeability will meet the district requirement. 5. The alleged difficulty may be considered self-created insofar as the applicant's desire to construct new dormers and a front porch to the existing building, but this is not necessarily fatal to the application Condition: 1) Removal or repositioning of existing shed so as to not encroach over required setbacks for accessory structure. 2) Driveway to remain as circular driveway and cannot become completely paved, green area on Fifth Avenue to remain. It is so moved, November 1, 2021. Adopted by the following vote: AYES: 7 (K. Kaplan, B. Gallagher, C. Grey, M. Gutch, G. Simpson, E. Bergmann, T. Gallogly) NAYES: 0 ABSENT: 0 Dated: November 01, 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: 11/03/2021 CHAIR DATE RECEIVED BY ACCOUNTS DEPT.