HomeMy WebLinkAbout20220012 13 Seward Area Variance NOD y���l�c�c,:� SF, Keith Kaplan, Chair
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CITY OF SARATOGA SPRINGS Brad Gallagher, vice �'hair
� � � ZONING BOARD OF APPEALS Emily Bergmann
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%- `' � .;. Justin Farrington
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r\.�1 CITY HALL-4�4 BROADWAY Cheryl Grey
� SARATOGA SPRINGS, NEw Yorti< 12866 Matthew Gutch
^`��k�'ORqTED `�,� 51 8-587-3550 Gage Simpson
WWW.SARATOGA-SPRINGS.ORG �ohn Daley, alternate
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IN THE MATTER OF THE APPEAL OF
Mark and Sharon Swain
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 13 Seward Street in the City
of Saratoga Springs,New York being tax parcel number 165.50-1-3 on the Assessment Map of said Ciry.
The applicants having applied for an area variance under the Zoning Ordinance of said City to permit
the construction of a second principal structure in a UR-2 District and public notice having been duly
given of a hearing on said application held on February 28 and March 14, 2022.
In consideration of the balance between benefit to the applicants with detriinent to the health, safety and
welfare of the community, I move that the following area variances for the following amounts of relief:
TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PROPOSED RELIEF
REQUIREMENT REQUESTED
MINIMUM AVERAGE WIDTH 120 FT. 100 FT. 20 FT. OR 16.7%
SEcoN� P�rcrnaL NoT PE�TTE� PE�TTE� 100%
BUILDING
As per the submitted plans ar lesser dimensions, be approved far the following reasons:
L The applicants have demonstrated this benefit cannot be achieved by other means feasible to the
applicant. The applicants demonstrated that they are unable to purchase additional land. The
Board notes that adding another dwelling unit without the designation of a second principal
structure would likely entail a use variance to change the principal structure from a single-family
to a two-family.
2. The applicants have demonstrated that granting this variance will not create an undesirable
change in neighborhood character or detriment to nearby properties. Specifically, the applicant's
lot is located in proximity to an apartment complex,hospital parking lot and single family
residences. The applicants provided information about neighboring properties to support that
the design and character of the proposed structure would be in character with the neighborhood.
3. The Board finds these variances for the minimum average width is not substantial. The Board
does find the second principal building to be substantial, but notes the large size of the subject
lot and information provided about the neighborhood context mitigate this concern.
4. These variances will not have significant adverse physical or environmental effect on the
neighborhood or district. The lot will exceed permeability requirements of 25%.
5. The alleged difficulty is self-created insofar as the applicants desire to construct the proposed
addition,but this is not necessarily fatal to the application.
It is so moved.
Dated: March 14, 2022
Adopted by the following vote:
AYES: 7 (K. Kaplan, M. Gutch, J. Farrington, E. Bergmann, C. Grey, G. Simpson, M. Gutch)
NAYES: 0
Dated: March 14, 2022
This variance shall expire 18 months following the �iling 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.
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SIGNATURE: `�� 3/16/2022
l.T^__ DATE RECEIVED BY ACCOUNTS
DEPT.