HomeMy WebLinkAbout20210905 5 Jumel Place Area NOD
Keith Kaplan, Chair
C ITY OF S ARATOGA S PRINGS
Brad Gallagher, Vice Chair
Emily Bergmann
ZONING BOARD OF APPEALS
Terrance Gallogly
Cheryl Grey
C ITY H ALL - 474 B ROADWAY
Matthew Gutch
S ARATOGA S PRINGS, N EW Y ORK 12866
Gage Simpson
518-587-3550
John Daley, alternate
WWW.SARATOGA-SPRINGS.ORG
Shirley Poppel, alternate
#20210905
I N THE M ATTER OF THE APPEAL OF
M ATTHEW R ICHWINE
5 J UMEL P LACE
S ARATOGA S PRINGS NY 12866
from the determination of the Building Inspector involving the premises at 5 Jumel Place in the City of Saratoga
Springs, New York being tax parcel number 166.53-2-17 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
conversion of the second floor of an accessory structure to a second principal structure in an Urban Residential-
3 (UR-3) District and public notice having been duly given of a hearing on said application held on the 15th day of
November through the 6th day of December, 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 D IMENSIONAL P ROPOSED R ELIEF R EQUESTED
R EQUIREMENT
P RINCIPAL S TRUCTURE 1 2 1 (100%)
M IN A VERAGE W IDTH 80’ 55’ 25’ (31.3%)
S IDE S ETBACK TO S ECOND P RINCIPAL 4’ 0.2’ 3.8’ (95%)
(W EST)
S IDE S ETBACK TO S ECOND P RINCIPAL 4’ 1.9’ 2.1’ (52.5%)
(E AST)
T OTAL S IDE FOR S ECOND P RINCIPAL 12’ 2.1’ 9.9’ (82.5%)
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, the pre-existing, non-conforming accessory structure is in good condition so rebuilding
it within the zoning setbacks is not economically viable. There are also no additional properties available
for purchase.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The Board notes the accessory structure is
pre-existing, non-conforming and there is evidence that the second floor was used as a second principal
structure prior to the implementation of the current Zoning Ordinance. The Board also notes there are
many surrounding properties with two principal structures in this neighborhood. The applicant provided a
document listing multiple neighboring properties with multiple dwelling units. Finally, the Board finds that
the lot is 11,918sf which helps to mitigate the relief.
3. The Board notes the requested variances of 31.3%, 95%, 52.5%, and 82.5% are substantial, however,
these are mitigated by the fact that the accessory structure is pre-existing, non-conforming and there are
no plans to modify the current arrangement or footprint of the structure. The Board also notes that the
portion of the accessory structure to be converted into a principal structure exists well within the Zoning
Ordinance setbacks, further mitigating the impact of the relief requested. The 100% variance of adding a
second principal structure to the property is mitigated by the discussion in paragraph 2.
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 25%.
5. The alleged difficulty is considered self-created insofar as the applicant desires to convert the accessory
structure into a principal building. However, this is not necessarily fatal to the application.
Conditions:
1. The principal use of the second principal structure is limited to the second floor of the structure.
2. Second principal structure to maintain second story setbacks of 12’ and 18’ respectively.
3. Only a Single-family residence permitted in the main principal structure.
Adopted by the following vote:
AYES: 7 (K. Kaplan, E. Bergmann, B. Gallagher, C. Grey, T. Gallogly, M. Gutch, G. Simpson)
NAYES: 0
Dated: December 6, 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, seven members of the Board being
present.
S IGNATURE: _______________________________ 12/9/2021
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.