HomeMy WebLinkAbout20211167 166 Lincoln Area Variance NOD `���1�(�c::� S� Keith Kaplan, Chair
, CITY OF SARATOGA SPRINGS Brad Gallagher Vice Chair
��� �� � ZONING BOARD OF APPEALS Emily Bergmann
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� .;. Justin Farrington
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t � � GTY HALL-474 BROADWAY Cheryl Grey
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. SARATOGA$PRINGS, NEw YoRi< 1 2866 Matthew Gutch
^cOK�'oR"rE° ��h 518-587-3550 Gage Simpson
WWW.SARATOGA-SPRINGS.ORG John Daley, alternate
#20211167
IN THE MATTER OF THE APPEAL OF
Joseph Fahy
166 Lincoln Ave
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 166 Lincoln Avenue in the
City of Saratoga Springs,New York being tax parcel number 166J7-4-3 on the Assessment Map of said
City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit
finished space in an accessory structure within the Urban Residential-2 (UR-2)District and public notice
having been duly given of a hearing on said application held on the 31 st day of January, 2022 through
to the 14th day of February 2022
In consideration of the balance between benefit to the applicant with det�iment to the health, safety and
welfare of the community, I move that the following area variance for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF
REQUIREMENT REQUESTED
F�v�sxED SPACE uv AccEssoRY STRucTu� Not Permitted Permitted 100%
as per the submitted plans or lesser dimensions,be approved for the following reasons:
Background: The applicant has built the accessory structure and included finishing
without a building permit. However, based on the size and location of the structure the
applicant does not required any other dimensional relief since the structure is within the
district requirements for setback and coverage percentages. The applicant is however
seeking relief for finished space. The space is to be used as a private home office and the
applicant outlines that no plumbing, cooking or bathing will be required with this use. The
Board notes that the proposed finished space would be permitted with the need for relief
under the cuirently approved Unified Development Ordinance (UDO) to be enacted later
this year.
1) The applicant has demonstrated this bene�'it cannot be achieved by other means feasible to the
applicant. The applicant has noted that there is insufficient space in the principal residence for
the office space that they seek for remote work.2) The Board notes the design of the accessory
structure will not have an impact on neighborhood character or be a detriment to nearby
properties. The applicant notes several neighboring properties have similar accessory structures.
3) The Board notes the requested variance of 100%is substantial, however, this is mitigated by
the fact that the finished space will not have bathing or cooking facilities and is designed to be
used as private home office. Per the applicant, no incremental traffic or noise will result from
this added finished space.
4) This variance will not have a significant adverse physical or environmental effect on the
neighborhood or district. Permeability requirements wi11 be met.
5) The alleged difficulty is considered self-created insofar as the applicant has built an accessory
with finished space. However, this is not necessarily fatal to the application.
Condition: no cooking facilities, no bathing facilities and no overnight stays are permitted.
It is so moved.
Dated: February 14, 2022
Adopted by the following vote:
AYES: 7 (K. Kaplan, B. Gallagher, C. Grey, J. Farrington, E. Bergmann, John Daley)
NAYES: 0
Dated: January 14, 2022
This variance shall expire 18 months following the filing date of such decision unless the necessary
building permit has been issued and actual constiuction 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.
SIGNATu�: 2/16/2022
�''T^ DATE RECETVED BY ACCOUNTS
DEPT.