HomeMy WebLinkAbout20190504 Drambour Residence NOD Bill Moore, Chair
CITY OF SARATOGA SPRINGS
Keith Kaplan, Vice Chair
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ZONING BOARD OF APPEALS Brad Gallagher, Secretary
Cheryl Grey
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,`�' *^ CITY HALL-474 BROADWAY Jerry Luhn
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SARATOGA SPRINGS, NEW YORK 12866 Chris Hemstead
\1'3PH) 518-587-3550 FX) 518-580-9480 Suzanne Morris
WWW.SARATOGA-SPRINGS.ORG Kathleen O'Connor, alternate
#20190504
IN THE MATTER OF THE APPEAL OF
Elizabeth Drambour
42 Newton Avenue
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 42 Newton Avenue in the City of
Saratoga Springs,New York being tax parcel number 165.57-1-69 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
attachment of an existing finished two-story barn structure to an existing single-family residence in a UR-2
District and public notice having been duly given of a hearing on application held on June 17 and July 8, 2019
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 PROPOSED RELIEF REQUESTED
REQUIREMENT
MINIMUM SIDE YARD 8 FT 3 FT 5 FT(62.5%)
SETBACK NORTH
MINIMUM SIDE YARD 8 FT 5 FT 3 FT(37.5%)
SETBACK SOUTH
TOTAL MINIMUM SIDE 20 FT 8 FT 12 FT(60%)
YARD SETBACK
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.
Due to the pre-existing nonconforming placement of both the residence and the two-story barn,the only
feasible solution to joining the two structures is in their existing footprint on the property. The kitchen will
be eliminated in the barn area and the intention is to maintain a single family residence.
2. The applicant has demonstrated that granting this variance will not produce an undesirable change in
neighborhood character or detriment to the nearby properties. Although the two structures will be attached,
they will not be any closer to the property line than what currently exists. The applicant will be removing an
existing wood porch on the south which will result in the setback being 5' from the present distance of 1.2'.
3. Although the variance is substantial at 62.5, 37.5 and 60%,this is due to the fact that the structures were
built prior to present zoning regulations and will not encroach any closer to the lot line than is current. The
principal building coverage will be under the requirement of 30%.
4. The Applicant has demonstrated that granting this variance will not have any adverse physical or
environmental effect on the neighborhood. The primary structures will remain in the location they have
been.
5. The alleged difficulty is self-created insofar as the applicants desire to attach the structures,but this is not
necessarily fatal to the application.
Conditions:
• The shed in the rear of the property will be moved to meet zoning requirements.
• The shed on the rear deck attached to the house will be moved to a location compliant with zoning for
an accessory building.
• Neither shed will be habitable.
Adopted by the following vote:
AYES: 5 (B. Moore, C. Hemstead,K. Kaplan, C. Grey, S. Morris)
NAYE S: 0
Dated: June 8, 2019
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.
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SIGNATURE: " __ t- 07/09/2019
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.