Loading...
HomeMy WebLinkAbout20220898 203 Division Street Area Variance NOD OGA Gage Simpson, Chair �P¢PTS,A� CITY OF SARATOGA SPRINGS Brad Gallagher, Vice Chair 4 r� Emily Bergmann K. v� ZONING BOARD OF APPEALS Cheryl Grey .;.s z Matthew Gutch U `•• CITY HALL- 474 BROADWAY Brendan Dailey �N�ORP ,9 5 SARATOGA SPRINGS, NEW YORK 12866 John Daley,A/ternate ORATEO 51 8-5 87-3 5 50 Alice Smith,Alternate W W W.SARATOGA-SPRI NGS.ORG #20220898 IN THE MATTER OF THE APPEAL OF Glyn Chilton and Patricia Chilton 203 Division Street Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 203 Division Street in the City of Saratoga Springs,New York being tax parcel number 165.58-1-25 on the Assessment Map of said City. The applicant having applied for an area variance under the Zoning Ordinance of said City to permit an addition front porch alteration, and second story loft on an existing single-family residence in a UR-2 District and public notice having been duly given of a hearing on application held on October 17 and 24, 2022. In consideration of the balance between benefit to the applicants 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 PROPOSED RELIEF REQUESTED DIMENSIONAL REQUIREMENT MINIMUM FRONT YARD SETBACK—PORCH CANOPY 10 FT .75 FT 9.25 FT (92.5%) MINIMUM FRONT YARD SETBACK—PRINCIPAL 10 FT 4.5 FT 5.5 FT (55%) BUILDING MINIMUM INTERIOR SIDE SETBACK—WEST SIDE OF 8 FT 2.5 FT 5.5 FT(68.8%) LOFT 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 is adding second story loft addition to a pre-existing nonconforming home where the setback is pre- existing,non-conforming. The applicant states that although the house is built on the lot line,the second story loft will be stepped back to be further away from the lot line at 2.5 feet. The front stoop is also pre-existing, non-conforming and the applicant wants to add a canopy over the stoop for weather protection. The Board notes that the applicant provided homes in the neighborhood where the front stoops and porches are built on or very close to the front setback. 2. The applicant has demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to the nearby properties. The house is preexisting nonconforming predating current zoning regulations. Other alternatives were considered,however,the applicant wants to keep the house a small footprint with the least amount of additions. The applicant states they have downsized to this home, but still want an area for visiting family to stay within the home. No windows will be installed on the loft on the side setback of 2.5 feet. 3. Although the variances are substantial at 92.5%, 55% and 68.8%, this is due to the fact that the existing house is constructed at the distances above and any addition would impact the front and side setbacks. 4. The Board finds this variance will not have an adverse physical or environmental effect on the neighborhood. Permeability requirements will meet district requirements. 5. The alleged difficulty is self-created insofar as the applicants' desire to construct the proposed addition,but this is not necessarily fatal to the application. Condition: The Current overhang encroachment shall be remedied by an easement or a reduction in the overhang or other permissible alternative. It is so moved. Dated: October 24,2022 Adopted by the following votes: AYES: 5 (G. Simpson, B. Gallagher, B. Dailey C. Grey, A. Smith) NAYES: 0 Dated: October 24, 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, five members of the Board being present. SIGNATUR 10/28/2022 CHAR DATE RECEIVED BY ACCOUNTS DEPT.