HomeMy WebLinkAbout20190233 Ritzenberg Residence NOD Bill Moore, Chair
CITY OF SARATOGA SPRINGS
Keith Kaplan, Vice Chair
r �: : ZONING BOARD OF APPEALS
Brad Gallagher, Secretary
h ; Cheryl Grey
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, ,4zvt.it, ,*^ CITY HALL—474 BROADWAY Jerry Luhn
/, c SARATOGA SPRINGS, NEW YORK 1 2866 Chris Hemstead
0 DRAT O \c PH) 518-587-3550 FX) 518-580-9480 Suzanne Morris
WWW.SARATOGA—SPRINGS.ORG Kathleen O'Connor, alternate
#20190233
IN THE MATTER OF THE APPEAL OF
Kenneth and Susan Ritzenberg
215 Caroline Street
Saratoga Springs,New York 12866
from the determination of the Building Inspector involving the premises at 215 Caroline Street in the
City of Saratoga Springs, New York being tax parcel number 166.53-2-40 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 maintenance of an accessory structure, specifically an open post-and beam shed sheltering a clay
pizza oven and barbecue grill, adjacent to an existing single-family residence in a UR-3 District, and
public notice having been duly given of a hearing on said application held on the 6th and 20th days of
May, and the 3rd day of June, 2019.
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:
DISTRICT
TYPE OF REQUIREMENT DIMENSIONAL PROPOSED RELIEF REQUESTED
REQUIREMENT
MINIMUM SIDE YARD
5'
1.1' 3.9' (72%)
SETBACK(SHED):
MINIMUM SETBACK FROM
PRINCIPAL STRUCTURE 5' 1' 4' (80%)
(SHED):
MINIMUM SIDE YARD 5' 2.5' 2.5'
SETBACK(OVEN): (50%)
As per the submitted plans or lesser dimensions, be APPROVED for the following reasons:
1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to them,
owing in part to the construction, depth and mass of the oven. This application does not call for
nor does it anticipate any expansion beyond the existing setback encroachment.
2. The applicants have demonstrated that granting this variance will not create an undesirable change
in neighborhood character or detriment to nearby properties. The structure anticipated by the
proposed variance has a total footprint of 5' x 9', alongside of the applicants' fence which runs
parallel to their neighbor's garage, and which replaces a preexisting deteriorated structure in the
same location.
3. The Board finds this variance to be substantial; however, the total footprint of 5'x 9' is modest,
which mitigates the impact of substantiality in this case.
4. This variance will not have significant adverse physical or environmental effect on the
neighborhood or district: smoke abatement and water runoff have been taken into account by the
structure's design; its footprint is modest; and the structure is open.
5. The alleged difficulty addressed in this appeal is self-created insofar as the applicant desires to
maintain an existing structure built prior to seeking variance approval, but this is not deemed to be
fatal to the application.
Condition:
1. Shed must be maintained as an open-air structure, ie. Must not be enclosed in the future.
Adopted by the following vote:
AYES: 5 (C. Hemstead, C. Grey, J. Luhn, B. Gallagher, S. Morris)
NAYES: 1 (K. Kaplan)
Dated: June 3, 2019
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, five members of the
Board being present.
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SIGNATURE: 06/04/2019
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.