HomeMy WebLinkAbout20220650 173 Excelsior Avenue Area Variance NOD 0 G,4 Gage Simpson, Chair
CITY OF SARATOGA SPRINGS
Brad Gallagher, Vice Chair
a ZONING BOARD OF APPEALS Emily Bergmann
.�. Justin Farrington
CITY HALL—474 BROADWAY Cheryl Grey
y
SARATOGA SPRINGS, NEW YORK 1 2866 Matthew Gutch
PORATE �91 518-587-3550 Brendan Dailey
WWW.SARATOGA—SPRINGS.ORG John Daley, Alternate
Alice Smith, Alternate
#20220650
IN THE MATTER OF THE APPEAL OF
David Massaroni
173 Excelsior Avenue
Saratoga Springs NY 12866
In the matter of the appeal from the Building Inspector's determination involving 173 Excelsior Avenue,
in the City of Saratoga Springs,New York,being Tax Parcel 166.31-2-16 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
location of a shed in the Urban Residential - 1 (UR-1)District and public notice having been duly given
of a hearing on said application held on July 25th through to September 26, 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 DISTRICT PROPOSED TOTAL RELIEF
REQUIREMENT REQUIREMENT REQUESTED
Accessory to front o
(Loughberry Road South) 30 ft. 1 ft. 29ft. or 96.7/o
As per the submitted plans or lesser relief,be approved as per this Board's consideration of the following
factors:
1. The applicant has demonstrated that this benefit cannot be achieved by other means feasible to the
applicant. The shed is currently placed between the property line and very large trees. Per the Applicant,
the property has 6 large trees and a patio that are restricting the repositioning of the shed. The limited
space between the trees,in addition to the patio, added to the irregular shape of the property,would only
allow placement of the shed closer to the home and the front yard setback off Excelsior Street.
2. The applicant has not demonstrated that granting this variance will not create an undesirable change
in neighborhood character or detriment to nearby properties.The applicant expressed the need for storage
space as well as privacy provided by the location of the shed. The Board finds this case unique in that
the proposed shed is not located close to any structures on the neighbor's property. The Board finds the
benefit to the applicant more significant than the potential adverse impacts in this case.
3. The Board notes that the variance is substantial, substantiality is mitigated by the points noted above.
The property will meet district permeability requirements.
4. The applicant has demonstrated that the proposed variance will not have an adverse physical or
environmental effect on the neighborhood
5. The alleged difficulty may be considered self-created insofar as the applicant placed the shed in this
current location, but this is not necessarily fatal to the application.
It so moved September 26, 2022
Adopted by the following vote:
AYES: 4 (G. Simpson, J. Daley, B. Gallagher, B. Dailey)
NAYES: 2 (C. Grey,A. Smith)
Dated: September 26, 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 Unified Development Ordinance
(UDO)-Article 13.10.3.
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 mentioned above,six members of the Board
being present.
SIGNATURE: 09/28/2022
/51 CHAIR DATE RECEIVED BY ACCOUNTS
DEPT.