HomeMy WebLinkAbout20221080 83 Nelson Area Variance NOD �TOG,4 CITY OF SARATOGA Gage Simpson,Chair
�g �A Brad Gallagher,Vice Chair
Emily Bergmann SPRINGS Cheryl Grey
CIO
Matthew Gutch
�- - ZONING BOARD OF APPEALS
Brendan Dailey
LJ
r -µ CITY HALL-474 BROADWAY JohnDaley,Alternate
ccRPo�ASE� ��1h SARATOGA SPRINGs,NEW YORK 12866 Alice Smith,Alternate
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
920221080
IN THE MATTER OF THE APPEAL OF
John Connolly
3060 Peachtree Road
Suite 1545
Atlanta,GA 30305
from the determination of the Building Inspector involving the premises at 83 Nelson Ave in the City of Saratoga
Springs,New York being tax parcel number 179.21-2-20 on the Assessment Map of said City.The applicant having
applied for an area variance under the UDO of said City to permit the expansion of a front porch in the Urban
Residential 2 (UR-2) District and public notice having been duly given of a hearing on said application held on
January 23 through February 27,2023.
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 amounts of relief:
TYPE OF REQUIREMENT DISTRICT DIMENSIONAL REQUIREMENT PROPOSED RELIEF REQUESTED
SETBACK-FRONT 10, 7.5' 2.5' (25%)
INTERIOR SIDE 8' 1' 7' (87.5%)
TOTAL SIDE 20' 16' 4' (20%)
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.
The applicant desires to rebuild and expand the front porch to wrap around the side of the house. Per the
applicant,the front porch needs to be rebuilt and the extension of the porch will create more usable outdoor space.
The Board notes that the house is pre-existing,non-conforming and the porch extension is along the side of the
house that is not within the setback. The rebuilt front porch will be within the current non-conforming setback,
however,it will increase the frontage within the setback. Per the applicant,there is no additional land for
purchase.
2. The applicant has demonstrated that granting this variance will not produce an undesirable change in
neighborhood character or detriment to the nearby properties. Per the applicant,this project will not have an
impact on the current non-conforming side yard setback since all work will be done on the other side of the house
where there is plenty of space to fit the porch extension.Also,the front porch will be rebuilt to the same setback
as the currently existing non-conforming front porch. The applicant has provided neighborhood context for front
porches, specifically ones within the front setback. The Board does not find the expansion of the front porch
within the front setback to be a detriment to the neighborhood.
3. The Board notes the requested variance of 87.5%is substantial,however,this is mitigated by the fact that
the house is pre-existing,non-conforming and the need for the large variance is triggered by the request to rebuild
the front porch within the side setback. The front and total side setbacks are less substantial and are further
mitigated by the points discussed above.
4. The Board finds this variance will not have an adverse physical or environmental effect on the
neighborhood.The property will meet minimum permeability.
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5. The alleged difficulty is self-created insofar as the applicant desires to build the porch, but this is not
necessarily fatal to the application.
It is so moved.
Dated: February 27th 2023
Adopted by the following votes:
AYES: 5 (G. Simpson, C. Grey, B. Dailey, E. Bergmann, A. Smith)
RECUSED: 0
NAYES:
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, five
members of the Board being present.
SIGNATURE: 03/15/2023
or CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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