HomeMy WebLinkAbout20220010 143 W Circular Area Variance NOD \\`�l�Or;:� S f Keith Kaplan, Chair
_� f r/ CITY OF SARATOGA SPRINGS Brad Gallagher, Vice Chair
� ` ZONING BOARD OF APPEALS Emily Bergmann
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� � .a �ustin Farrington
�f:.��.. CITY HALL-474 BROADWAY Cheryl Grey
� � $ARATOGA$PRINGS, NEw YoRi< 12866 Matthew Gutch
��������0f{qr�D ��� 518-587-3550 Gage Simpson
WWW.SARATOGA-SPRINGS.ORG �ohn Daley, alternate
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IN THE MATTER OF THE APPEAL OF
Habitat For Humanity
Adam Feldman
143 W. Circular Area Variance
1373 Route 9
Moreau,NY 12828
From the determination of the Building lnspector involving the premises at 143 W. Circular in the City
of Saratoga Springs, NY, being tax parcel number 165.74-1-37 on the Assessment Map of said City.
The Applicant having applied for an area variance to permit a proposed two lot subdivision and seeking
relief in the UR-2 District and public notice having been duly given of a hearing on said application
February 14th through Februaiy 28, 2022.
In consideration of the balance between the benefit to the applicants with detriment to the health,
safety and welfare of the community, I move that the following variance for the following amount of
relief:
Type of Requirement District Dimensional Proposed Relief Requested
Requirement
Min. Average Width Lot 1 60 Feet 50 feet 10 feet(16.7%)
Min. Average Width Lot 2 60 Feet 50 feet 10 feet(16.7%)
Max. Accessory Coverage Lot 1 10% 14% 40%
As per the submitted plans or lesser dimensions, be APPROVED for the following reasons:
L The applicant has demonstrated that this benefit cannot be achieved by other means feasible to
the applicant. The applicant, Habitat for Humanity, desires to receive Lot 2 of this property in
order to build a sustainable single-family dwelling that will be zoning compliant. The original
house and accessory structure are to remain untouched and on Lot 1. This will create a two lot
subdivision of the existing .32 acres into two single fasnily residential lots of.16 acres each. Per
the applicant it is not possible to subdivide this lot without a variance due to the size and
dimensions of the existing parcel, as well as location of the existing house aud accessory
structure. The board finds the proposed subdivision will result in the minimum necessary
variances for each lot.
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 applicant notes the
proposed home to be built on Lot 2 is approximately 1400 square feet and will be zoning
compliant and consistent with the neighborhood. The house and accessory structure on Lot 1
are existing and will not be modified.
3. The Board does not find the minimum average width relief variances for both Lot land Lot 2 to
be substantial at 10 feet or a total of 16.7% each. The maximum accessory coverage relief for
Lot 1 at 40%is substantial and is created by the applicants desire to subdivide the lot and lceep
both pre-existing structures on Lot 1.The Board notes total coverage remains below the inax
total coverage.
4. The Applicant has demonstrated that granting this variance will not have an adverse physical or
environmental effect on the neighborhood. Per the applicant, the proposed house on Lot 2 will
be zoning compliant and the proposed development will not result in physical or environmental
impacts to the neighborhood. Connections to existing municipal water and sewer for Lot 2 are
proposed.
5. The request for relief may be considered a self-created hardship. However, self-creation is not
necessarily fatal to the application.
Condition: Future development on Lot 1 should not exceed the district requirement of 40% total
coverage and Principal coverage therefore limited to an additiona14.8%
Notes: Planning Board SEQR-Negative Declaration February 17, 2022. Planning Board Favorable
advisory Opinion February 17, 2022
It is so moved,February 28, 2022
Adopted by the following vote:
AYES: 6 (K. Kaplan, M. Gutch, J. Farrington, E. Bergmann, John Daley, G. Simpson)
NAYES: 0
Dated: February 28, 2022
This variance shall expire 18 months following the filing date of such decision unless the iiecessary
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.
SIGNATURE: 3/OZ/ZO22
i"^ DATE RECEIVED BY ACCOUNTS
DEPT.