HomeMy WebLinkAbout20210715 303 Nelson 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
#20210715
I N THE M ATTER OF THE APPEAL OF
J ENNY C LIFTON
303 N ELSON A VENUE
S ARATOGA S PRINGS, N EW Y ORK 12866
from the determination of the Building Inspector involving the premises at 303 Nelson Avenue in the City of
Saratoga Springs, New York being tax parcel number 166.45-1-11 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 a second floor of an existing detached garage for use as habitable space in the Urban Residential – 3
(UR-3) District and public notice having been duly given of a hearing on said application held between September
13 and December 6, 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
H ABITABLE S PACE N OT P ERMITTED P ERMITTED 100%
A CCESSORY S TRUCTURE – S IDE Y ARD 5’ 1.6’ 3.4’ OR 68%
S ETBACK (N ORTH)
A CCESSORY S TRUCTURE – S IDE Y ARD 5’ 2.6’ 2.4’ OR 48%
S ETBACK (E AST)
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 add a second floor to an existing detached garage to utilize
the space for office space, 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; however,
those alternatives would not meet the needs of the applicant. Notably, there is no change to the current
footprint of the detached garage.
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 of the detached 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 intended use of the
space being limited to an office that does not have sleeping, cooking or bathing facilities and will not
change the current footprint 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 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:
1. No sleeping, cooking, or bathing facilities are permitted.
Adopted by the following vote:
AYES: 6 (K. Kaplan, E. Bergmann, B. Gallagher, T. Gallogly, M. Gutch, G. Simpson)
NAYES: 1 (C. Grey)
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.