HomeMy WebLinkAbout20210795 3D Tomahawk Trail 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
#20210795
IN THE MATTER OF THE APPEAL OF
Stephen Hoffman
3D Tomahawk Trail
Saratoga Springs, NY 12866
from the determination of the Building Inspector involving the premises at 3D Tomahawk Trail in the City of
Saratoga Springs, New York being tax parcel number 192.12-1-58 on the Assessment Map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to seek relief to
construct finished space on the second floor of an existing detached garage in the Suburban Residential – 2 (SR-
2) District and public notice having been duly given of a hearing on said application held on November 1 and 15,
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:
T YPE OF R EQUIREMENT D ISTRICT DIMENSIONAL REQUIREMENT P ROPOSED R ELIEF REQUESTED
F INISHED S PACE N OT P ERMITTED P ERMITTED 100%
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The Board finds that the applicant has demonstrated this benefit cannot be achieved by other means
feasible to the applicant. The applicant seeks to finish the second floor of an existing detached garage, which
would include a toilet and a sink. According to the applicant, the space will not be used for sleeping, cooking, or
bathing. The applicant considered alternative options including siting the office space in the main residence;
however, he noted those alternatives would not meet the needs of the applicant due to noise and privacy.
2. The Board finds that the applicant has demonstrated that granting this variance will not create an
undesirable change in neighborhood character or detriment to nearby properties. According to the applicant, no
changes will be made to the footprint or outside appearance of the garage. Moreover, the space will be utilized
as an office and will not have any sleeping, cooking or bathing facilities.
3. The Board finds the variance to be substantial. However, this is mitigated by the stated use of the space
being limited to an office that does not have sleeping, cooking or bathing facilities and will not change the current
exterior of the existing garage.
4. This Board finds this variance will not have significant adverse physical or environmental effect on the
neighborhood or district. The Board finds that the applicant has demonstrated the office will be constructed in
the existing unfinished space on the second floor of the garage.
5. The alleged difficulty is self-created insofar as the applicant desires to construct an office in the unfinished
space on the second floor of the existing garage, but this is not necessarily fatal to the application.
CONDITIONS: No kitchen, bathing facilities or overnight stays or other facilities customary with a dwelling unit
are to be permitted.
It is so moved, Dated: November 15, 2021
Adopted by the following votes:
AYES: 5 (C. Grey, G. Simpson, E. Bergmann, T. Gallogly, S. Poppel)
NAYES: 0
ABSENT: 3 (K. Kaplan, B. Gallagher, M. Gutch,)
Dated: November 15, 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: _ 11/16/2021
____________________
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.