HomeMy WebLinkAbout20210748 24 Bensonhurst Area Variance NOD �`l'�'<<� CITY OF $ARATOGA $PRINGS Keith Kaplan,cna��
y��. SF f Brad Gallagher,Vice Chair
:
^ "�'f i ZONING BOARD OF APPEALS Terrance Gallogly
` �� • A � �.� Cheryl Grey
� �'"r��� � QTY HALL-474 BROADWAY Matthew Gutch
/ r ' SARATOGASPRINGS,NEwYoRi<12866 Gage Simpson
' �;'�1,� Emily Bergmann
- _ 518-587-3550
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#20210748
IN THE MATTER OF THE APPEAL OF
Robert Doolin
24 Bensonhurst Ave.
Saratoga Springs, NY 12866
In the matter of the appeal from the Building Inspector's determination involving a parcel at 24
Bensonhurst Avenue, in the City of Saratoga Springs, New York, being Tax Parcel 165. 57-1-83 on the
assessment map of said City. The applicant having applied for area variances under the Zoning
Ordinance of said City to permit the correction of existing non-compliant structures and to construct a
new addition to the residence in the UR-2 District and public notice having been duly given of a hearing
on said application held on the 27th day of September 2021 through the 15t 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
Max Principal Coverage °/o: 30% 37.5% 7.5%t or 25% relief
Rear Yard Setback 25ft 17.9ft 7.1ft or 28.4% relief
Accessory to Principal 5ft Oft 5ft or 100% relief
Patio-(Rear) Setback 10ft 3.2ft 6.8ft or 68% relief
Patio-(Right Side) Setback 10ft 5.3ft 4.7ft or 47% relief
Max Driveway Width 25% 43.70% 18.7% or 74.8%
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 noted the current patio was in place when the applicant acquired the home.
Since owning the home, they covered the patio area and installed a stone wall around it. The
applicant notes he is looking to age in the home and since there is no additional area for expansion
and all bedrooms are upstairs, he is proposing an addition that will eventually serve as a bedroom for
them as they get older. The applicant also notes there was no other land available for purchase on
adjacent properties. The Front addition will not impact on the current setback relief being requested,
however it does contribute to the Principal coverage relief being granted. The Front setback relief is
primarily impacted by the proposed dormers.
2. The applicant has demonstrated that granting these variances will not create an undesirable
change in the neighborhood character or detriment to nearby properties. The applicant noted that
their entire backyard is enclosed with a 6ft. high white privacy fence and that their current neighbors
are supportive of the proposed projects. It was also noted by the applicant that the driveway and the
extension of the sidewalk from the backyard to the front provides an area for additional parking that
helps to relieve traffic congestion on the narrow street.
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
a bove.
4. These variances will not have a significant adverse physical or environmental effect on the
neighborhood or district. Permeability will meet the district requirement at 38%, district requirement
min. permeability is 25%.
5. The alleged difficulty may be considered self-created insofar as the applicant's desire permit the
correction of existing non-compliant structures and to construct a new addition to the existing
building, but this is not necessarily fatal to the application.
Conditions:
No future accessory structures are permitted.
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.