HomeMy WebLinkAbout20220784 303 Nelson Area Variance NOD �p COGA s CITY OF SARATOGA SPRINGS Gage Simpson, Chair
Brad Gallagher, Vice Chair
n �u� ZONING BOARD OF APPEALS Emily Bergmann
H = z Justin Farrington
CITY HALL-474 BROADWAY Cheryl Grey
i SARATOGA SPRINGS, NEW YORK 1 2866 Matthew Gutch
�cORPORATEO 51 8-587-3550 Brendan Dailey
WWW.SARATOGA-SPRI N GS.ORG John Daley, Alternate
Alice Smith, Alternate
20220784
IN THE MATTER OF THE APPEAL OF
JENNY CLIFTON
303 NELSON AVENUE
SARATOGA SPRINGS,NEW YORK 12866
from the determination of the Building Inspector involving the premises at 303 Nelson Avenue in the
City of Saratoga Springs, New York being tax parcel number 166.45-1-11 on the Assessment Map of
said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to seek relief
to construct a second floor of an existing detached garage for use as habitable space in the Urban
Residential—3 (UR-3)District and public notice having been duly given of a hearing on said application
held on September 12, 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 DIMENSIONAL PROPOSED RELIEF REQUESTED
REQUIREMENT
HABITABLE SPACE NOT PERMITTED PERMITTED 100%
ACCESSORY TO SIDE YARD 5' 1.6' 3.4' OR 68%
SETBACK (NORTH)
ACCESSORY TO SIDE YARD 5' 2.6' 2.4' OR 48%
SETBACK(WEST)
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1 . The Board finds that the applicant has demonstrated this benefit cannot be achieved by other
means feasible to the applicant. The applicant seeks to add a second floor to an existing detached
garage to utilize the space for office space, which would include a toilet and a sink. According to
the applicant, the space will not be used for sleeping, cooking, or bathing. The applicant
considered alternative options; however, those alternatives would not meet the needs of the
applicant. Notably, there is no change to the current footprint of the detached garage.
2. The Board finds that the applicant has demonstrated that granting this variance will not create an
undesirable change in neighborhood character or detriment to nearby properties. According to
the applicant, no changes will be made to the footprint of the detached garage. Moreover, the
space will be utilized as an office and will not have any sleeping, cooking or bathing facilities.
3. The Board finds the variance to be substantial. However, this is mitigated by the intended use of
the space being limited to an office and half bath. The Board notes the garage is existing in the
current footprint and the variance will facilitate a second floor with finished space.
4. This Board finds this variance will not have significant adverse physical or environmental effect
on the neighborhood or district. Permeability requirements will be met.
5. The alleged difficulty is self-created insofar as the applicant desires to construct an office in the
unfinished space on the second floor of the existing garage,but this is not necessarily fatal to the
application.
Conditions:
1 . No sleeping, cooking, or bathing facilities are permitted.
It so moved
Dated September 12, 2022
Adopted by the following vote:
AYES: 6 (G. Simpson, M. Gutch, C. Grey, B. Gallagher, B. Dailey, A. Smith)
NAYES: 0
Dated: September 12, 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.
i
SIGNATURE: 09/14/2022
CHAIR DATE RECEIVED BY ACCOUNTS
DEPT.