HomeMy WebLinkAbout20220664 ROD 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
#20220664
IN THE MATTER OF THE APPEAL OF
Robert Kimmerle and Vivianna Rangil
209 East Ave
Saratoga Springs NY 12866
In the matter of the appeal from the Building Inspector's determination involving a parcel at 209 East
Ave, in the City of Saratoga Springs,New York,being Tax Parcel 166.62-1-8 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 new one story addition, removal and replacement of existing screen porch
in the UR-3 District and public notice having been duly given of a hearing on said application held on
the 12th day of September 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
Front Setback loft 4.5ft 45%relief
As per the submitted plans or lesser dimension, be approved as per this Board's consideration of the
following factors:
1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to
the applicants. The applicant proposes the construction of new addition comprised of living
space, bathroom, the replacement of existing screen porch, and removal and reconstruction of
portions of privacy fencing along the North edge of the property. The applicant is seeking to
repurpose portions of the existing building footprint that are within the setback. The applicant
noted that other designs were considered, but the present plan provided the best option.
2. The applicants have demonstrated that granting this variance will not create an undesirable
change in the neighborhood character or detriment to nearby properties. The applicant provided
neighborhood context and noted that the proposed relief will allow the house to be more in line
with neighboring homes. The Board notes that the new screened porch will be built in the same
footprint as the existing unscreened porch.
3. The Board notes the requested variances are substantial. However, the Board notes that the
relief requested is mitigated by the neighborhood context and lack of significant adverse impact
on the neighboring properties, as noted above.
4. These variances will not have a significant adverse physical or environmental effect on the
neighborhood or district. The Property will not exceed district requirements for permeability.
5. The alleged difficulty may be considered self-created insofar as the applicant's desire to replace
existing screen porch with an addition and new screen porch and to fix the existing fencing, but
this is not necessarily fatal to the application.
It is so moved, 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.
SIGNATURE: 09/14/2022
CHAIR DATE RECEIVED BY ACCOUNTS
DEPT.