HomeMy WebLinkAbout20221099 116 White Street 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
#20221099
IN THE MATTER OF THE APPEAL OF
Dave and Julie Newmann
116 White Street
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 116 White Street in the City of Saratoga
Springs,New York being tax parcel number 166.77-1-7 on the Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to permit the demolition of a rear
deck and construction of a two-story addition on the rear of an existing single-family residence in a UR-3 District
and public notice having been duly given of a hearing on application held on February 6,2023
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 DIMENSIONAL REQUIREMENT PROPOSED RELIEF REQUESTED
MINIMUM SIDE YARD SETBACK 5 FT 1.3 FT 3.7 FT(74%)
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 applicant.
Due to the pre-existing nonconforming placement of the house on the property, any changes to the house
would incur a side yard setback. The applicants want to demolish an existing one-story addition,deck and
staircase and replace it with a two-story addition in the same location.The width and height of this addition
will be flushed with the existing rear of the house. The applicant states other alternatives were explored
which did not meet the needs of the applicant.
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 addition will be in the rear of the house
and will not be visible from the street.
3. Although the variance is substantial at 74%,this is due to the fact that the existing home was built on the
property in this location prior to zoning requirements.No property is available to purchase.
4. The Board finds this variance will not have an adverse physical or environmental effect on the
neighborhood.No other variances are required for this addition and district permeability will be met.
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.
Note:
1. Due to the close proximity to the neighbor's property,drainage impacts shall be mitigated against.
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2. No windows shall be installed on that side of the house (left elevation/East side)on the second floor due to
the proximity to the property line.The window identified on the plans will be eliminated.
Condition:
1. The applicant is required to rectify the exiting AC unit encroachment.
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.
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SIGNATURE: 02/15/2023
Ae CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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