HomeMy WebLinkAbout20220195 132 Fifth Avenue Area Variance NOD P�oc s CITY OF SARATOGA SPRINGS Gage Simpson, 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 Keith Kaplan
WWW.SARATOGA-SPRINGS.ORG
#20220195
IN THE MATTER OF THE APPEAL OF
Steven and Jennifer Meglio
132 Fifth Avenue
Saratoga Springs NY 12866
In the matter of the appeal from the Building Inspector's determination involving a parcel at 132 Fifth Ave., in
the City of Saratoga Springs,New York,being Tax Parcel 166.14-4-27 on the assessment map of said City. The
applicants having applied for an area variance under the Zoning Ordinance of said City to permit the construction
of a second story and a rear addition to an existing principal structure in the UR-1 District and public notice having
been duly given of a hearing on said application held on the 4t1i day of April through the 16'1i day of May 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 variances for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF
DIMENSIONAL REQUESTED
REQUIREMENT
Max Principal Coverage% 20% 49% 29.0%or 145%
Minimum.Front Yard Setback 30ft 11.6ft 18.4ft or 61.3%relief
Rear Setback 30ft 7.7ft 22.3ft or 74.3%
Side Yard(West) Setback 12ft 4.1ft 7.9ft or 65.8%
Total Side Yard Setback 30ft 12ft 18ft or 60.0%relief
As per the submitted plans or lesser dimension, be approved as per this Board's consideration of the following
factors:
1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the
applicants.The applicants proposes to construct a full second floor to the existing building footprint,
except the portion on the western rear portion of the house which will be a single-story great room with
high ceilings.The Board notes that the lot is on the southern portion of Fifth Ave,where the lot depth is
constrained by the neighboring Oklahoma track,the applicant notes that there was no additional land
available to purchase to alleviate the relief requested. The applicants noted that other designs were
reviewed but were cost prohibitive.The applicants further note that a full demolition of the house for
new construction was reviewed but was not cost effective.
2. The applicants have demonstrated that granting this variance will not create an undesirable change in
the neighborhood character or detriment to nearby properties.The applicants noted that the proposed
relief will allow the house to be more in line with neighboring homes,providing the Board with
neighborhood context of other homes which have similar designs for their nonconforming lots and
indicating that several that have added a second story. The applicants further note that the coverage of
the principal structure will decrease slightly from the existing 50%to the proposed 49%,with the
changes reducing overhangs in some areas while the addition partly offsets the impact of those
reductions. The proposal includes space on the second floor;the applicants point out that many of the
neighborhood properties have a second floor,and that there are no windows looking down from the
second floor into the western neighbor's property.
3. The Board notes the requested variances are substantial.However,the Board notes that the relief
requested is mitigated by the neighborhood context and lack of significant adverse impact on the
neighboring properties, as noted above.
4. These variances will not have a significant adverse physical or environmental effect on the
neighborhood or district. The subject parcel will exceed district requirements for permeability.
5. The alleged difficulty may be considered self-created insofar as the applicant's desire to construct a
second floor and rear addition,but this is not necessarily fatal to the application.
Conditions:
1. There are to be no functional windows on the western-facing side of the house on the second floor
II_ These variances will be null and void if 25% or more of the existing foundation is removed or replaced,
including planned demolition and/or act of God.
III. No future accessories are permitted.
It so moved,Dated May 16,2022
Adopted by the following vote:
AYES: 5 (K.Kaplan,M. Gutch,J. Daley, G. Simpson, M. Gutch)
NAYES: 1 (C. Grey)
Dated: May 16,2022
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: 5/18/2022
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.
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OCTOBER 26.2021
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