HomeMy WebLinkAbout20220503 18 Empire Area Variance NOD ocA s CITY OF SARATOGA SPRINGS Gage Simpson, Chair
5A A'f� Brad Gallagher, Vice Chair
Zvi ZONING BOARD OF APPEALS Emily Bergmann
Justin Farrington
U CITY HALL-474 BROADWAY Cheryl Grey
SARATOGA SPRINGS, NEW YORK 12866 Matthew Gutch
Nc�'PPORATED `91� 518-587-3550 Brendan Dailey
WWW.SARATOGA-SPRINGS.ORG John Daley, Alternate
Alice Smith. Alternate
#20220503
IN THE MATTER OF THE APPEAL OF
Steven Tannenbaum
18 Empire Avenue
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 18 Empire Avenue in the
City of Saratoga Springs, New York being tax parcel number 178.33-2-37 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
construction of a rear deck in a UR-2 District and public notice having been duly given of a hearing on
said application held on June 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 REQUIREMENT PROPOSED RELIEF REQUESTED
SIDE SETBACK FOR REAR DECK 8' 6.5' 1.5' (18.8%)
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 wants to build a deck on the rear of the house and would prefer for the
deck to be across the total width of the pre-existing house. When the house was built, it was
placed at 6.5' from the north property line and the applicant would like for the deck to be installed
at the same setback. Per a variance granted for the mismeasurement of the side yard setback from
the required 8' to 6.5' (resolution#20344 dated June 16, 2002), an error of the builder should not
impact the addition of the rear deck.
2. The applicant has demonstrated that granting this variance will not create an undesirable change
in neighborhood character or detriment to nearby properties. The deck is in the rear of the house
and not visible from the front of the location. Many properties in the neighborhood have rear
decks. The property is deep and can accommodate the deck with no other variances required.
3. The Board notes the requested variance of 18.8% is not substantial.
4. This variance will not have a significant adverse physical or environmental effect on the
neighborhood or district. Permeability requirements will meet district requirements.
5. The alleged difficulty is considered self-created insofar as the applicant desires to construct the
rear deck. However, this is not necessarily fatal to the application.
It is so moved, dated: June 27, 2022
It so moved, 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.
SIGNATURE: 06/28/2022
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.