HomeMy WebLinkAbout20211050 114 York Area Variance 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
#20211050
I N THE M ATTER OF THE APPEAL OF
M ONETTE C ARLI
114 Y ORK A VENUE
S ARATOGA S PRINGS, NY 12866
from the determination of the Building Inspector involving the premises at 114 York Avenue in the City of Saratoga
Springs, New York being tax parcel number 166.45-3-30 on the Assessment Map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit a change in
a rear roof to an existing single-family residence in a UR-3 District and public notice having been duly given of a
hearing on application held on December 6, 2021 and January 10, 2022.
In consideration of the balance between benefit to the applicants 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
M INIMUM SIDE YARD SETBACK (EAST) 4 FT 1.8 FT 2.2 FT (55%)
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.
The applicant proposed to alter the roof on an existing one-story rear addition, indicating it will make the
interior space more useable. The applicant stated the current flat roof creates a low ceiling height, plus
restructuring the roof to the same peak as the current roof will create a better structure overall. The Board
notes that the house is pre-existing, non-conforming and is positioned close to the property line on the east
side. The eave on the rear addition, pitched roofline will match the current eave directly adjacent to this
alteration. The eave as proposed would be no closer than the current eave.
2. The applicant has demonstrated that granting this variance will not produce an undesirable change in
neighborhood character or detriment to the nearby properties. The Board notes the alteration in the
roofline is at the rear of the house and will not be visible from the street.
3. The Board finds that the variance at 55% is substantial but notes this is due to the preexisting
nonconformance of the placement of the house on the property.
4. The Board finds this variance will not have an adverse physical or environmental effect on the neighborhood.
All permeability requirements will be met. Applicant stated she will make proper alterations to drainage
issues from the close proximity to the neighboring property line.
5. The alleged difficulty is self-created insofar as the applicant’s desire to construct a new rear roof to an
existing single-family home, but this is not necessarily fatal to the application.
Adopted by the following vote:
AYES: 7 (K. Kaplan, B. Gallagher, C. Grey, T. Gallogly, M. Gutch, G. Simpson, J. Daley)
NAYES: 0
Dated: January 10, 2022
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: _______________________________ 1/24/2022
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.