HomeMy WebLinkAbout20220187 168 Lincoln Area Variance NOD P�oc SA CITY OF SARATOGA SPRINGS Keith Kaplan, Chair
Brad Gallagher, Vice Chair
Y ZONING BOARD OF APPEALS Emily Bergmann
Justin Farrington
CITY HALL-474 BROADWAY Cheryl Grey
SARATOGA SPRINGS, NEW YORK 12866 Matthew Gutch
c°RPORnr�o '9 518-587-3550 Gage Simpson
WWW.SARATOGA-SPRINGS.ORG John Daley, alternate
20220187
IN THE MATTER OF THE APPEAL OF
JLS & SBS Family Partnerships
4 Computer Drive Suite 200
Albany, NY 12205
from the determination of the Building Inspector involving the premises at 168 Lincoln Ave in the City
of Saratoga Springs,New York being tax parcel number 166.77-4-4 on the Assessment Map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit the
addition of a restroom structure to a principal structure in an Institutional Horse Track Related (INST-
HTR) District and public notice having been duly given of a hearing on said application held on the 4th
and 25th days of April, 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:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF
REQUIREMENT REQUESTED
REAR SETBACK 50' 43.5' 6.5 (13%)
SIDE SETBACK 40' 2.2' 37.8' 94.5%
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. Per the applicant, there is a need for more restrooms within the facility during
operating hours. The submitted plans provide the most effective location for this restroom
structure to fulfill their need while also supplying storage access to the kitchen.
2. The applicant has demonstrated that granting this variance will not create an undesirable change
in neighborhood character or detriment to nearby properties. The Board notes the restroom will
be replacing a storage shed that already exists in the proposed location. The Board also notes
there will inevitably be more foot traffic within a structure that is adjacent to the neighboring
property. A large sound wall is constructed between the structure and the property line to
mitigate this noise.
3. The Board notes the requested variance of 94.5% is substantial,however, this is mitigated by the
fact that the new structure is replacing an existing structure in the same location and is flush with
the side wall of the rest of the principal building. The existence of the sound wall along the
property line also reduces visibility and noise coming from this proposed structure. The 13 %
rear setback is not considered substantial, but is still mitigated by the fact that there is a
performance stage between the rear of the restrooms and the rear of the property.
4. This variance will not have a significant adverse physical or environmental effect on the
neighborhood or district. The Board notes there will be no additional snow and water runoff
from the roof of the proposed structure than currently exists from the shed. See condition 1 for
more information. The property will still maintain a minimum permeability of 20%.
5. The alleged difficulty is considered self-created insofar as the applicant desires to build the
restroom structure. However, this is not necessarily fatal to the application.
Conditions
1. Snow and water mitigation system to be in place to reduce the impact to the neighboring
property as per submitted plans at the April 25, 2022 Meeting
2. Fire rating is required for any elements adjacent to the property line.
It is so moved.
Dated: April 25, 2022
Adopted by the following vote:
AYES: 7(K.Kaplan,B. Gallagher,E.Bergmann,J. Farrington, G. Simpson,M. Gutch,C. Grey)
NAYES: 0
Dated: April 25, 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.
SIGNATURE: 4/27/2022
DATE RECEIVED BY ACCOUNTS
DEPT.
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