HomeMy WebLinkAbout20220130 52 Kirby Area Variance NOD OG,4 s CITY OF SARATOGA SPRINGS Gage Simpson, Chair
Brad Gallagher, Vice Chair
0 �� ZONING BOARD OF APPEALS Emily Bergmann
7 .;. Justin Farrington
CITY HALL-474 BROADWAY Cheryl Grey
SARATOGA SPRINGS, NEW YORI< 1 2866
Matthew Gutch
cORPORATEO 19, 518-587-3550 Brendan Dailey
WWW.SARATOGA-SPRI NGS.0 RG John Daley, Alternate
Alice Smith. Alternate
#20220130
IN THE MATTER OF THE APPEAL OF
Richard Timberlake
52 Kirby Road
Saratoga Springs NY 12866
from the determination of the Building Inspector involving a parcel at 52 Kirby Road in the City of
Saratoga Springs,New York being tax parcel number 165.13-2-37,in an UR-1 district on the Assessment
Map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit a
subdivision to create two parcels, in which there is currently existing home on the property sited on"Lot
1" on the corner of Kirby Road and Glenwood Avenue and with a new "Lot 2" on Glenwood Avenue,
and public notice having been duly given of a hearing on said application held April 4 and 25, June 6
and 27, 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 DIMENSIONAL PROPOSED RELIEF
REQUIREMENT REQUESTED
MINIMUM LOT SIZE#1 12,500 SF 10,000 SF 2,500 SF(20%)
MINIMUM LOT SIZE#2 12,500 SF 10,021 SF 2,479 SF(19.8%)
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. The applicant has a deep lot and would like to divide the lot to build a single family
home on lot #2. The Board notes that the proposed lots meet district width requirements. The
house on Lot#1 which is existing meets all side, front and rear setback requirements, although the
garage does not but is pre-existing, non-conforming. The applicant presented a potential plan for
a house on lot#2 that would also meet all side, front and rear setback requirements.
2. The applicant has demonstrated that granting these variances will not create an undesirable change
in neighborhood character or detriment to nearby properties. The lot is located on Kirby Road,
however, the subdivision would create a new lot on Glenwood Avenue. The lot would be
consistent with existing lots and homes located on Glenwood Avenue. The applicant further
provided the Board with information on comparable lots in the neighborhood and identified three
lots that are in the same range of square footage as the lots proposed. The Board notes that the
neighborhood does not has opportunities for further division of lots with the exception of the lot
immediately next to the applicant's lot,but feels this will not create a precedent.
3. The Board notes that the variance is not substantial.
4. This variance will not has a significant adverse physical or environmental effect on the
neighborhood or district. All district permeability will be met.
5. These areas of relief are self-created insofar as the applicant's desire to subdivide this parcel, but
that by itself is not fatal to the application.
Notes:
City Planning Board favorable advisory opinion provided May 26, 2022.
It is so moved, Dated: June 27, 2022
Adopted by the following vote:
AYES: 6 (G. Simpson, C. Grey, E. Bergmann, M. Gutch, A. Smith, B. Dailey)
NAYES: 0
Dated: June 27, 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, six members of the Board
being present.
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SIGNATURE: 06/28/2022
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.