HomeMy WebLinkAbout20210722 3 Orenda Springs Area Variance NOD �`l'�'�i� CITY OF $ARATOGA SPRINGS Keith Kaplan,Chair
��� S%�f Brad Gallagher,Vice Chair
�.
� "�1 r i ZONING BOARD OF APPEALS Terrance Gallo�ly
� ��. � � �� ��� Cheryl Grey
� QTY HALL-474 BROADWAY Matthew Gutch
✓ � SARATOGASPRINGS,NEwYoRi<12866 Gage Simpson
- " �;'t�,� Emily Bergmann
- 518-587-3550
^cJKYORqTEfl ,�h WWW.SARATOGA-SPRINGS.ORG
20210722
lN THE MATTER OF THE APPEAL OF
Greg Morales
3 Orenda Spring Drive
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 3 Orenda Spring Dr. in the
City of Saratoga Springs, New York being tax parcel number 190.12-4-2 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 carport in an Urban Residential-1 (UR-1) District and public notice having been duly
given of a hearing on said application held on the 27th day of September 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 REQUESTED
REQUIREMENT
SIDE YARD SETBACK 12� 7.2� 4.8� (40%�
as per the submitted plans or lesser dimensions, be APPROVED for the following reasons:
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the
applicant. Per the applicant, a request to purchase a portion of the neighbor's yard was not
successful and there is no other feasible location on the property to fulfill the desired function
of the structure.
2. The applicant has demonstrated that granting this variance will not create an undesirable
change in neighborhood character or detriment to nearby properties. The carport will be built
to be consistent with current exterior fascia of the house and, per the applicant, will conceal
items that would normally be stored on the property in plain sight.
3. The Board notes the requested variance of 40% is substantial, however, this is mitigated by the
facts mentioned in paragraph 2, and that it is a relatively small structure (�184 sq. ft.).
4. This variance will not have a significant adverse physical or environmental effect on the
neighborhood or district. The property will still maintain a minimum permeability of 30%.
5. The alleged difficulty is considered self-created insofar as the applicant desires to build the
carport. However, this is not necessarily fatal to the application.
Condition: Existing rear shed to be placed in a zoning compliant position.
It is so moved. Dated: November 1, 2021
Adopted by the following vote:
AYES: 4 (K. Kaplan, B. Gallagher, M. Gutch, T. Gallogly)
NAYES: 3 (C. Grey, G. Simpson, E. Bergmann)
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.
� ---
$IGNATURE: 11��3�2�21
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.