HomeMy WebLinkAbout20211023 235 Nelson 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
#20211023
I N THE M ATTER OF THE APPEAL OF
R ACHEL & D YLLAN B ECK
235 N ELSON A VE
S ARATOGA S PRINGS NY 12866
In the matter of the appeal from the Building Inspector’s determination involving a parcel at 235 Nelson Ave, in
the City of Saratoga Springs, New York, being Tax Parcel 166. 53-1-36 on the assessment map of said City.
The applicant having applied for area variance under the Zoning Ordinance of said City to permit the construction
of an addition in the UR-3 District and public notice having been duly given of a hearing on said application held
on the 6th day of December 2021 through the 10th day of January 2022.
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
M AXIMUM P RINCIPAL C OVERAGE 30% 37.2% 7.2% OR 24% RELIEF
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 is seeking to construct an attached garage with living space, sunroom, office, and second floor
master suite. Applicant noted if they were to detach the garage, the project would meet lot coverage
requirements, but would still likely need a variance for finished space in an accessory structure. The Board
notes the main purpose stated was to have an upper story bedroom attached to the main residence, so a
detached garage would not appear to meet the needs of the applicant.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in the
neighborhood character or detriment to nearby properties. An overview of the neighborhood surrounding
properties was provided, and the applicant noted that mass and scale of the new addition will be consistent
with neighboring homes. The applicant notes that the driveway and garage doors will not be visible from
Nelson Avenue.
3. The Board finds the variance at 24% not to be substantial. The Board notes that substantiality is mitigated
by the fact that this proposal is consistent with neighborhood context and within the total lot coverage of
40%.
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or
district. Permeability will meet the district requirement.
5. The alleged difficulty may be considered self-created insofar as the applicant’s desire to construct an addition
to the existing building, but this is not necessarily fatal to the application.
Conditions:
1. Accessory structures to be limited to 2.8%
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.