HomeMy WebLinkAbout20221085 140 W Circular Area Variance NOD OG,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
#20221085
IN THE MATTER OF THE APPEAL OF
Charlie and Julie Marshall
140 West Circular Street
Saratoga Springs NY 12866
From the determination of the Building Inspector involving the premises at 140 West Circular Street in
the City of Saratoga Springs,New York being tax parcel number 165.74-1-50 on the Assessment Map of
said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City Area variance
to permit a rear addition to the existing home in the Urban Residential-2 (UR-2)District and public notice
having been duly given of a hearing on said application held on January 23rd and February 6th, 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 variances for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT REQUIREMENT PROPOSED RELIEF REQUESTED
INTERIOR SIDE 8' 3.5' 4.5' (56.3%)
as per the submitted plans or lesser dimensions, be APPROVED for the following reasons:
1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the
applicants. The applicant wants to construct an addition on the rear of their current home. The
applicants note they have considered other alternatives but this option is most economically feasible
and will not further intrude into the side yard.
2. The applicants have demonstrated that granting this variance will not create an undesirable change
in neighborhood character or detriment to nearby properties. The Board notes the addition is
consistent with other homes in the neighborhood and does not alter the current character of the
street. The Board also notes that the addition is in the rear and is not visible from the street.
3. The board notes that the requested variance is substantial, but is mitigated by the neighborhood
context and the position of the existing home and the addition will not create further undesirable
change. The Board notes public comments that are supportive of the project so long as the side
remains equal to or further away than the existing home and setback.
4. This variance will not have a significant adverse physical or environmental effect on the
neighborhood or district. Standard district permeability requirements will be met.
5. The alleged difficulty is considered self-created insofar as the applicant desires to construct the
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addition; however,this is not necessarily fatal to the application.
It is so moved, dated: February 6th, 2023
Adopted by the following votes:
AYES: 6 (G. Simpson, B. Gallagher, C. Grey, 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,six members
of the Board being present.
SIGNATURE: 02/15/2023
f CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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