HomeMy WebLinkAbout20221007 74 Fifth Avenue Area Variance NOD �TOG,4 Gage Simpson, Chair
CITY OF SARATOGA SPRINGS Brad Gallagher, Vice Chair
Emily Bergmann
CIOZONING BOARD OF APPEALS Cheryl Grey
_ 4.
Matthew Gutch
CITY HALL- 474 BROADWAY
Brendan Dailey
Ic �5 SARATOGA SPRINGS, NEW YORK 12866
oRPoRASE� John Daley,Alternate
518-587-3550 Alice Smith,Alternate
WWW.SARATOGA-SPRIN GS.ORG
##20221007
IN THE MATTER OF THE APPEAL OF
Jay Hanley
74 Fifth Avenue
Saratoga Springs,New York 12866
from the determination of the Building Inspector involving the premises at 74 Fifth Avenue in the City of Saratoga
Springs,New York being tax parcel number 166.13-2-28 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 demolish
and reconstruct a deck on the rear of the residence in the Urban Residential— 1 (UR-I) District and public notice
having been duly given of a hearing on said application held on December 12,2022 through January 23,2023.
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 PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
MAX.PRINCIPAL COVERAGE 28% 30.2% 2.2%(OR 7.9%)
FRONT YARD SETBACK 30 FT. 21 FT. 9 FT.(OR 30%)
REAR YARD SETBACK 30 FT. 24 FT. 6 FT.(OR 20%)
SIDE YARD SETBACK(EAST SIDE) 12 FT. 8.3 FT. 3.7 FT.(OR 30.8%)
MIN.TOTAL SIDE YARD SETBACK 1 30 FT. 20.4 FT. 9.6 FT.(32%)
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 demolish and reconstruct a new residence. The applicant
considered alternative designs that confirmed to the Zoning Code,but those designs would have resulted in
a 3-story structure that is not in conformity with other residences along Fifth Avenue. The applicant
previously presented other alternative designs to the Board in 2020 and has reduced its requests to be more
in conformity with the Zoning Code and other structures along Fifth Avenue, while still achieving the
benefits requested by the applicant in terms of desires for living space.
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. The applicant presented materials that
demonstrated to the Board that the proposed design is substantially similar in coverage and dimensions to
many other existing residences along Fifth Avenue that are adjacent to the Oklahoma Track.
3. The Board does not find the maximum principal coverage or rear yard setback to be substantial. The Board
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also does not find the total front yard setback to be substantial when viewed in the context of adjacent
properties,which according to the applicant are an average of 23.9 feet. The Board does find the side yard
setback(east side)and minimum total side yard relief to be substantial,but notes that,per the applicant,the
new construction will be in a similar footprint to the existing home and the relief will not increase the non-
conformity.
4. This Board finds this variance will not have significant adverse physical or environmental effect on the
neighborhood or district. The property will meet district permeability requirements.
5. The alleged difficulty is self-created insofar as the applicant desires to construct a new residence,but this
is not necessarily fatal to the application.
It is so moved.
Dated: January 23,2023
Adopted by the following votes:
AYES: 5 (G. Simpson, B. Gallagher, B. Dailey, E. Bergmann, A. Smith)
NAYES: 0
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 the Unified
Development Ordinance.
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, four
members of the Board being present.
SIGNATURE: 01/24/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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