HomeMy WebLinkAbout20180178 Fahy Residence NOD Bill Moore, Chair
CITY OF SARATOGA SPRINGS
�4 Keith Kaplan, Vice Chair
'.`- � r �: ZONING BOARD OF APPEALS
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Brad Gallagher, Secretary
h , Cheryl Grey
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, ,'�' :--,' CITY HALL-474 BROADWAY Jerry Luhn
�', c, SARATOGA SPRINGS, NEW YORK 12866 Chris Hemstead
ATO \ PH) 518-587-3550 FX) 518-580-9480 Suzanne Morris
WWW.SARATOGA-SPRINGS.ORG Kathleen O'Connor, alternate
#20180178
IN THE MATTER OF THE APPEAL OF
Joe Fahy and Jennifer Williams
166 Lincoln Avenue
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 166 Lincoln Avenue in the City of
Saratoga Springs,New York being tax parcel number 166.77-4-3 on the Assessment Map of said City.
The appellant having applied for an area variance under the Zoning Ordinance of said City to permit the
construction of an addition to an existing single-family residence in a UR-1 District and public notice having
been duly given of a hearing on said application held on the 17th day of June and the 8th day of July 2019.
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 DIMENSIONAL PROPOSED RELIEF REQUESTED
REQUIREMENT
MINIMUM SIDE YARD 8' 3.2' 4.8' OR 60%
SETBACK (WEST)
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 applicants note that an alternative design was contemplated and brought before this Board,which
rejected that proposal. This application is limited to an addition of 134 square feet contained in one story of
new construction and does not call for any expansion beyond the proposed setback encroachment in this
one-family residence.
2. The applicants have demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The proposed addition conforms to the width of
the existing house, and does not crowd neighboring properties which include an adjacent and robust
commercial establishment, and similarly-sized residential properties.
3. The Board finds this variance request to be substantial on a percentage basis; however, the encroachment is
a continuation of the structure's existing setback.
4. This variance request will not have significant adverse physical or environmental effect on the
neighborhood or district, as the expanded footprint contemplated will only change slightly to the extent of
the small rear addition area. Further,the proposed addition will be shielded from visibility from the street
and adjacent properties by virtue of its placement, small size, and fencing already in place.
5. The alleged difficulty is self-created insofar as the applicant desires to construct the proposed addition,but
this is not deemed fatal to the application in the circumstances of this case.
Adopted by the following vote:
AYES: 5 (B. Moore, C. Hemstead,K. Kaplan, C. Grey, S. Morris)
NAYE S: 0
Dated: July 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.