HomeMy WebLinkAbout20190419 Verdile Residence Modified app 5-3-19 BALZER ES TUCK
Architecture
FROM YOUR PERSPECTIVE
May 2nd, 2019
Mr. Bill Moore, Chair
City of Saratoga Springs
Zoning Board of Appeals
Re: Addendum to previously Submitted 58 Fifth Ave Variance
(Now Known As 60 Fifth Ave)
Mr. Moore,
After the completion of the As- Built Survey of Lot 2 Street Address 60 5th Avenue;
dated February 16, 2018, we were notified that the Maximum percentage of principal
building Lot Coverage was over the previously approved Variance received on July 18,
2017 and the patio encroaches on the 10ft property line setback. After careful
investigation and correspondence with the contractor, please see below for updated
narratives and sought amendment to the variance:
Zoning UR-1 Allowed Previously Proposed
Approved
Max. % of Lot Coverage 20% 28.62% 29%
Principal Building:
Terraces: Patio Setback 10' NA 5.8'
1.Whether the benefit sought by the applicant can be achieved by other feasible
means. Identify what alternatives to the variance have been explored (alternative
designs, attempts to purchase land, etc.) and why they are not feasible.
Regarding the Principal Building Lot Coverage:
An alternative design would come at a great expense to the owner, as the crown and
fascia would have to be removed and the roofing material and sheathing would have
to be cut back. The overhangs would then have to be reconstructed with a less
substantial crown which would not be consistent with historical context and design
intent.
Regarding the Patio Setback:
The narrow lot placed the garage towards the rear of the property in return created a
compact rear lawn area and presented outdoor space planning challenges. The size of
the patio was based on an outdoor dining table and grill area. The Grill was to be
located as far away from the house and garage as possible due to fire concerns. The
location of the patio was based on the connection of the rear porch and garage entry
door and an effort to maintain as large grass area as possible. The patio location was
first planned to be rotated 90 degrees than currently shown, yet this orientation
created a narrow strip of non-useable lawn area due to the size of the patio required.
The patio was aligned with face of the garage to minimize impact of the neighborhood
surroundings.
468 Broadway
Saratoga Springs,New York 12866
p 518.580.8818 u'balzertuck.com
BALZER ! TUCK
2. Whether granting the variance will produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. Granting the
variance will not create a detriment to nearby properties or an undesirable change
in the neighborhood character for the following reasons:
Regarding the Principal Building Lot Coverage:
The proposed variance will not create an undesirable change in the character of the
neighborhood if the application is granted, as the proposed home's aesthetic is in
keeping with the character of the existing neighborhood. The Additional 2" depth of
soffit is not perceptible when viewed from all angles.
Regarding the Patio Setback:
The proposed patio's aesthetic is in keeping with the character of the existing
neighborhood. The variance would not affect existing views as the patio rear yard
setback will be consistent with the existing neighboring homes along Fifth Avenue.
Homes located on the Oklahoma side share similar conditions with pools and patio
spaces in close proximity to the fences and property lines shared with the Oklahoma
track. Additionally, the patio is obscured from adjacent neighbors via 6ft fence to the
east, new detached garage to the west and new residence to the north.
3. Whether the variance is substantial. The requested variance is not substantial
for the following reasons:
Regarding the Principal Building Lot Coverage:
The variance is not substantial as the proposed coverage is only .38% (28 sf) beyond
the previously approved variance. This overage is a result of the crown / soffit
geometry projecting 2" in depth on all sides of the house.
Regarding the Patio Setback:
The variance for the patio is not substantial as the patio encroaches into the 10ft rear
yard setback by 4.2 ft. The Patio is constructed of bluestone pavers and is in plane
with the adjacent grass surface.
4. Whether the variance will have adverse physical or environmental effects on
neighborhood or district. The requested variance will not have an adverse
physical or environmental effect on the neighborhood or district for the following
reasons:
The proposed variance will not have an adverse physical or environmental impact on
the neighborhood because the lot and proposed improvements are consistent with
the existing neighborhood and the existing infrastructure can support the addition of
one single family home within the neighborhood and city limits.
5. Whether the alleged difficulty was self-created (although this does not
necessarily preclude the granting of an area variance). Explain whether the
alleged difficulty was or was not self-created:
Regarding the Principal Building Lot Coverage:
The variance sought is self-created as the curvature of the roof created an unexpected
field resolved geometry for the specified crown profile. The crown angle was
BALZER ,ES. TUCK
increased during installation to accommodate the rake and eave
intersections/junctures. This increased angle added +/- 2" to the previously approved
rake and eave overhangs which in return increased the principal lot coverage by .38%
(28 sf).
Previously Proposed:
Lot Area 7,500 sf x (.2862) 28.62% Lot Coverage = 2,147 sf proposed Lot Coverage
As-Built:
Lot Area 7,500 sf x (.29) 29% Lot Coverage = 2,175 sf As-Built Lot Coverage
(2,175 sf As-Built - 2,147 sf Proposed) = 28 sf overage
The perimeter of the soffits is approximately 175 lineal ft.
(175 lin ft x 2") = +1- 29.2 sq ft.
Regarding the Patio Setback:
The variance sought for the patio is self-created as the proposal consists of a 14ft x
18ft patio space that is typical in size for an outdoor space. However, the proposed
patio design is consistent in size with homes within the neighborhood on non-
conforming lots and compact backyards.
It is our belief that the additional information submitted with this letter demonstrates
that the size of this residence is similar to approvals which have been granted and that
the applicants have made a good-faith effort to reduce the amount of their requested
relief to the greatest extent possible while maintaining the intended use of the
building lot.
Thank you for your consideration in this matter and please do not hesitate to call if
you have any additional questions.
Sincerely,
Or a
Brett Balzer, AIA
Partner
Dr.Vincent and Louise Verdile-Owner
Jim Sasko—Builder:Teakwood Builders LLC
[FOR OFFICE USE]
` CITY OF SARATOGA SPRINGS
-'~, _ (Application#)
G�vhy • 'ate L 474 f3
' 77So-Ta/S y N&nr Yo-rk/1-z 8 66
Tth 518-587-3550 518-580-9480
(Date received)
'PoRATED
APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT
Dr.Vince and Louise Verdile Balzer &Tuck Architecture
Name
38 High Rock Ave#4B 468 Broadway, 3rd Floor
Address
Saratoga Springs NY, 12866 Saratoga Springs NY, 12866
(518)-581-8658 (518)-580-8818
Phone / / /
laverdile@icloud.com Tflynn@BalzerTuck.com
Email
*An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question.
Applicant's interest in the premises: IZ Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
60 Fifth Avenue 166 13 2 45
1. Property Address/Location: Tax Parcel No.: - -
(for example: 165.52—4—37)
02/28/2017 UR-1
2. Date acquired by current owner: 3.Zoning District when purchased:
Single Family Residence UR-1
4. Present use of property: 5. Current Zoning District:
Max.Principle building Coverage
6. Has a previous ZBA application/appeal been filed for this property? Min.rear yard setback
IZ Yes (when? July 28th, 2017 For what? Min.Front yard setback
IZ No Min.side yard setback
Min.Total side yard setback
7. Is property located within (check all that apply)?: 0 Historic District 0 Architectural Review District
0 500' of a State Park, city boundary, or county/state highway?
8. Brief description of proposed action:
The Owner wishes to amend the previously approved variance for principle building coverage by.38% (28 sf)and the
encroachment of a patio into the rearyard setback.
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes 121 No
10. Has the work, use or occupancy to which this appeal relates already begun? Yes VI No
I. Identify the type of appeal you are requesting (check all that apply):
0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) 0 USE VARIANCE (pp. 3-6) 0 AREA VARIANCE(pp. 6-7)
Revised 12/2015
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
❑ Interpretation $ 400
❑ Use variance $1,000
IZ Area variance
-Residential use/property: $ 150
-Non-residential use/property: $ 500
❑ Extensions: $ 150
INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
1. Identify the section(s) of the Zoning Ordinance for which you are seeking an interpretation:
Section(s)
2. How do you request that this section be interpreted?
3. If interpretation is denied, do you wish to request alternative zoning relief? EYes ❑No
4. If the answer to#3 is "yes,"what alternative relief do you request?❑ Use Variance ❑Area Variance
EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
1. Date original variance was granted: 2. Type of variance granted? ❑ Use ❑Area
3. Date original variance expired:
5. Explain why the extension is necessary.Why wasn't the original timeframe sufficient?
When requesting an extension of time for an existing variance,the applicant must prove that the circumstances upon which the original
variance was granted have not changed. Specifically demonstrate that there have been no significant changes on the site, in the
neighborhood, or within the circumstances upon which the original variance was granted:
Revised 12/2015
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
240-2.7-Table 3:Area
The applicant requests relief from the following Zoning Ordinance article(s) Reauirements
Dimensional Requirements From To
% Lot Coverage Principal Building 28.62% 29%
Terraces- Patios setback from an adjoining lot line 10 ft 5.8 ft
Other:
To grant an area variance,the ZBA must balance the benefits to the applicant and the health,safety,and welfare of the neighborhood and
community,taking into consideration the following:
I. Whether the benefit sought by the applicant can be achieved by other feasible means. Identify what alternatives to the variance have
been explored (alternative designs, attempts to purchase land, etc.)and why they are not feasible.
Regarding the Principal Building Lot Coverage:
An alternative design would come at a great expense to the owner, as the crown and fascia would have to be removed and the
roofing material and sheathing would have to be cut back. The overhangs would then have to be reconstructed with a less
substantial crown which would not be consistent with historical context and design intent.
Regarding the Patio Setback:
The narrow lot placed the garage towards the rear of the property in return created a compact rear lawn area and presented
outdoor 5pat.t planning uhalltngt s. The 5iLu of lht patio was babud on an outdoor dining lablt and grill arta. The Grill was b be
located as far away from the house and garage as possible due to fire concerns. The location of the patio was based on the
connection of the rear porch and garage entry door and an effort to maintain as large grass area as possible. The patio location
was first planned to be rotated 90 degrees than currently shown,yet this orientation created a narrow strip of non-useable lawn
area due to the size of the patio required.The patio was aligned with face of the garage to minimize impact of the neighborhood
surroundings.
2. Whether granting the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby
properties. Granting the variance will not create a detriment to nearby properties or an undesirable change in the neighborhood
character for the following reasons:
Regarding the Principal Building Lot Coverage:
The proposed variance will not create an undesirable change in the character of the neighborhood if the application is granted, as
the proposed home's aesthetic is in keeping with the character of the existing neighborhood. The Additional 2"depth of soffit is not
perceptible when viewed from all angles.
Regarding the Patio Setback:
The proposed patio's aesthetic is in keeping with the character of the existing neighborhood. The variance would not affect
existing views as the patio rear yard setback will be consistent with the existing neighboring homes along Fifth Avenue. Homes
located on the Oklahoma side share similar conditions with pools and patio spaces in close proximity to the fences and property
lines shared with the Oklahoma track.Additionally, the patio is obscured from adjacent neighbors via 6ft fence to the east, new
detached garage to the west and new residence to the north.
Revised 12/2015
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
Regarding the Principal Building Lot Coverage:
The variance is not substantial as the proposed coverage is only.38% (28 sf)beyond the previously approved variance. This
overage is a result of the crown/soffit geometry projecting 2" in depth on all sides of the house.
Regarding the Patio Setback:
The variance for the patio is not substantial as the patio encroaches into the 10ft rear yard setback by 4.2 ft.The Patio is
constructed of bluestone pavers and is in plane with the adjacent grass surface.
4. Whether the variance will have adverse physical or environmental effects on neighborhood or district. The requested variance will not
have an adverse physical or environmental effect on the neighborhood or district for the following reasons:
The proposed variance will not have an adverse physical or environmental impact on the neighborhood because the lot and
proposed improvements are consistent with the existing neighborhood and the existing infrastructure can support the addition of
one single family home within the neighborhood and city limits.
5. Whether the alleged difficulty was self-created(although this does not necessarily preclude the granting of an area variance). Explain
whether the alleged difficulty was or was not self-created:
Regarding the Principal Building Lot Coverage:
The variance sought is self-created as the curvature of the roof created an unexpected field resolved geometry for the specified
crown profile. The crown angle was increased during installation to accommodate the rake and eave intersections/junctures.This
increased angle added +/-2"to the previously approved rake and eave overhangs which in return increased the principal lot
coverage by.38% (28 sf).
Previously Proposed:
Lot Area 7,500 sf x(.2862)28.62% Lot Coverage=2,147 sf proposed Lot Coverage
As-Built:
Lot Area 7,500 sf x(.29)29% Lot Coverage= 2,175 sf As-Built Lot Coverage
(2,175 sf As-Built—2,147 sf Proposed)=28 sf overage
The perimeter of the soffits is approximately 175 lineal ft.
(175 l i n ft x 2")= +/-29.2 sq ft.
Regarding the Patio Setback:
The variance sought for the patio is self-created as the proposal consists of a 14ft x 18ft patio space that is typical in size for an
outdoor space. However,the proposed patio design is consistent in size with homes within the neighborhood on non-conforming
lots and compact backyards.
Revised 12/2015
ZONING BOARD OF APPEALS APPLICATIONfORM PAGE 8
DISCLOSURE
Does any City officer,employee, or family member thereof have a financial interest(as defined by General Municipal Law Section 809)in
this application? No Yes If"yes",a statement disclosing the name,residence and nature and extent of this interest must be filed
with this application.
APPLICANT CERTIFICATION
liwe,the property owner(s), or purchaser(s)/lessee(s) under contract, of the land in question, hereby request an appearance before
the Zoning Board of Appeals.
By the signature(s)attached hereto, liwe certify that the information provided within this application and accompanying
documentation is,to the best of my/our knowledge,true and accurate. I/we further understand that intentionally providing false or
misleading information is grounds for immediate denial of this application.
Furthermore, 1/vve hereby authorize the members of the Zoning Board of Appeals and designated City staff to enter the property
associated with this application for purposes of conducting any necessary site inspections relating to this appeal.
[)are:
(applicant signature)
Date:
(applicant signature)
If applicant is not the currently the owner of the property,the current owner must also sign.
•
LOLLik
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Owner 8ign�ure: � °xY����_ /«���'�� u~_ �=�~=� Date: 7 /^� /
Owner Signature: Date:
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
Dr.Vince and Louise Verdile 166 13 2 45
APPLICANT: TAX PARCEL NO.: - -
60 Fifth Avenue UR-1
PROPERTY ADDRESS: ZONING DISTRICT:
This applicant has applied to use the identified property within the City of Saratoga Springs for the following:
Single Family Residence
This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s)
240-2.7-Table 2:Area Requirements
.As such,the following relief would be required to proceed:
❑ Extension of existing variance 0 Interpretation
❑ Use Variance to permit the following:
LZ Area Variance seeking the following relief:
Dimensional Requirements From To
Lot Coverage Principal Building 28.62% 29%
Terraces- Patios setback from an adjoining lot line 10 FT 5.8 FT
Other:
Note:
❑Advisory Opinion required from Saratoga County Planning Board
ZONING AND BUILDING INSPECTOR DATE
Revised 12/2015
Short Environmental Assessment Form
Part 1 -Project Information
Instructions for Completing
Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item.
Part 1-Project and Sponsor Information
Balzer&Tuck Architecture
Name of Action or Project:
Verdile Residence
Project Location(describe,and attach a location map):
60 Fifth Avenue,Saratoga Springs NY 12866
Brief Description of Proposed Action:
Construction of a two story single-family residence and detached garage.
Name of Applicant or Sponsor: Telephone: (518)-580-8818 ex:12
Balzer&Tuck Architecture E-Mail: tflynn@balzertuck.com
Address:
468 Broadway,3rd Floor
City/PO: State: Zip Code:
Saratoga Springs NY 12866
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that n
0
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval:
Z 0
3.a. Total acreage of the site of the proposed action? .17 acres
b. Total acreage to be physically disturbed? 0.14 acres
c. Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? .17 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial m Residential(suburban)
❑Forest EAgriculture El Aquatic Other(specify): Equine Training Facility to the South
E Parkland
Page 1 of 3
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? Z
D El
b. Consistent with the adopted comprehensive plan? 0 0 El
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? El
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify:
Z El
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
Z D
b.Are public transportation service(s)available at or near the site of the proposed action? Z
0
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? n n
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
D El
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: El
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: 0 Z
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? R.1
El
b.Is the proposed action located in an archeological sensitive area?
Z El
13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal, state or local agency? Z
El
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? Z
El
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
El Shoreline El Forest El Agricultural/grasslands El Early mid-successional
El Wetland ❑Urban ❑Suburban
15. Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? Z
0
16.Is the project site located in the 100 year flood plain? NOYES
R7 1-7-
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
a.Will storm water discharges flow to adjacent properties? []NO EYES
0 0
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: IZI NO EYES
Page 2 of 3
18.Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size:
✓. n
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe:
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes, describe: El El
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: � •f cL..YNN Date: i 7/I
- —
Signatur-
mow—
PRINT FORM Page 3 of 3
Bill Moore
A s Chair
dic0 4 CITY OF SARATOGA SPRINGS
lit Keith B. Kaplan
4zr r) ZONING BOARD OF APPEALS Vice Chair
(i) to Adam McNeill
Secretary
CITY HALL- 4(4 BROADWAY
Gary Hasbrouck
SARATOGA SPRINGS, NEW YORK 12 866 James Helicke
PH) 5185873550 FX) 518-580-9480
CENILNNIAL - - Susan Steer
WANV,SARATOGA-SPRINGS.ORG Cheryl Grey
Oksana Ludd, alternate
#2943
IN THE MATTER OF THE APPEAL OF leo
GO i
VINCENT AND LOU-ANN VERDILE
(PREVIOUSLY THE ROSEMARY H. BENTON TRUST)
- Nlell
A NEWLY CREATED LOT ADJACENT TO 58 FIFTH AVENUE -
SARATOGA SPRINGS,NY 12866
iN,Gc
From a determination of the Building Inspector involving the premises located on a newly created lot adjacent to
58 Fifth Avenue in the City of Saratoga Springs. New York being a portion of tax parcel number 166.13-2-45 on the
Assessment Map of said City.
The Applicants having applied for area variances under the Zoning Ordinance of said City to permit the
construction of a single-family residence and detached garage in a UR-1 District and public notice having been duly
given of hearings on said application held on Januar)/26, July 10 and July 24, 2017.
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 variances for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RI LII-F REQUESTED
DIMENSIONAL
REQUIREMENT
Maximum principal building coverage 20% 28.62% 8.62 ft. (43%)
Minimum rear yard setback 30 ft. 25 ft. 5 ft. (17%)
Minimum front yard setback 30 ft. 20 ft. 10 ft. (33%)
Minimum side yard setback _ 12 ft. 4 ft. 8 ft. (67%)
Minimum total side yard setback 30 ft. 26 ft. 4 ft. (13%)
As per the submitted plans(revised by letter dated June 26, 2017) or lesser dimensions,be Approved for the
following reasons:
1. The Applicants have demonstrated this benefit cannot be achieved by other means feasible to the Applicant.
The Applicants explained that the current design meets their needs while-respecting-the character, context
and scale of the Fifth Avenue neighborhood. The residence is a three bedroom home with a master bedroom
on the first floor and two bedrooms on the second floor and is similar in size to those in the neighborhood.
To maximize habitable space and minimize the request for variances, the Applicants intend to finish a portion
of the basement space. The Applicant was unable to change the location of the egresses and other
mechanicals due to the design of the home, location of the side entrance and mud room and where the
finished basement spaces would be located.
,. The Applicants have demonstrated that granting this variance will not create an undesirable change in
...
neighborhood character or detriment to nearby properties. The Applicants state that the variance would not
affect existing street views as front yard setbacks will be consistent with the existing neighboring homes along
Fifth Avenue." The residence is similar in size and the front yard setback is similar to those of the
neighboring properties.
3. The Board finds the variance for the maximum principal building lot coverage is substantial; however,this is
mitigated by the fact that the coverage requested falls within the range of principal building lot coverages of
the surrounding neighbors. Moreover,this approval will be conditioned with a requirement that no accessory
structures may be built, with exception to the proposed detached garage, without this Board's prior approval.
The Board finds that the variance for the minimum side yard setback at 4 feet is substantial, however this is
mitigated by the fact that this measurement is taken from the landscaped egresses which are at or near grade
level and are as small as possible to meet building code standards. The egresses are required because the
Applicants intend to finish a portion of the basement in an attempt to increase habitable space within the
residence while keeping the residence as small as possible on the lot. Further, the Board notes that the
distance from the overhang of the primary residence to the lot line is 8 feet and the distance between the
proposed residence and the one on the lot to the east is similar to those of neighboring properties.
The Board finds that the variance for the front yard setback is substantial, however this is mitigated by the
fact that the setback is similar to those of the residences on the same side of Fifth Avenue.
4. The Applicants have demonstrated that the variances will not have significant adverse physical or
environmental effect on the neighborhood or district. The Board finds that the residence and garage are
consistent with the existing neighborhood and will not significantly impact the existing infrastructure.
Further the Applicants have agreed to discuss the times during which the generators on the east side of the
residence would run so as to mitigate any noise impact on that neighbor. The Applicants note they are aware
of and will comply with laws governing construction and noise on properties adjacent to the Oklahoma Track.
5. The alleged difficulty is self-created insofar as the Applicants desires to construct a new single-family home
and detached garage, but this is not necessarily fatal to the application.
Condition: No future accessory structures
Adopted h the following vote:
AYES: 6 (B. Moore, K. Kaplan, G. Hasbrouck, J. Helicke, S. Steer, 0. Ludd)
NAYES: 0
Dated: July 24,2017
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.
41111W
7/25/2017 11MOIMIL
Date Chair
I hereby certifythe 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, six members of the Board being present.
am
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