HomeMy WebLinkAbout20221001 223 Maple Avenue Subdivision Area VARIANCE NOD OG,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
#20221001
IN THE MATTER OF THE APPEAL OF
Todd Bishop and Linda Martelli-Bishop
223 Maple Avenue
Saratoga Springs,NY 12866
From the determination of the Building Inspector involving the premises at 223 Maple Avenue in the City of
Saratoga Springs,NY,being tax parcel number 166.29-1-363 on the Assessment Map of said City. The Applicant
having applied for an area variance to permit a subdivision to create two parcels, in which the currently existing
improvements on the property are sited on Lot 1 consisting of 12,400 square feet and fronted by both Green Street
and Maple Avenue, and with a new Lot 2 fronted by Maple Avenue consisting of 6,413 square feet in the UR-2
District and public notice having been duly given of a hearing on said application on December 12, 2022 and
January 23,2023.
In consideration of the balance between the benefit to the Applicants with detriment to the health,safety and welfare
of the community,I move that the following variance for the following amount of relief:
Type of Requirement District Dimensional
Requirement Proposed Relief Requested
Minimum Lot Size: Lot 2 6,600 square feet 6,413 square feet 187 square feet(2.8%)
Minimum Average Lot 60'
W 50' 10' (16.7%)
Width Lot 2
As per the submitted plans or lesser dimensions,BE APPROVED for the following reasons:
I. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant.
The applicant notes that there are no available lands to purchase on the eastern side of Lot 2 and even a
one-foot addition to the western lot line bordering Lot 1 would come 0.1' to the allowed setback from the
house on Lot 1.The applicant further notes that a squared-off line on Lot 2, as in the proposed plan,is
ideal from planning practices and precludes future maintenance and neighbor issues. A previous
resolution 920190225 was approved by the Board and due to the applicant's neglect to request an
extension,this resolution will replace it.
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 applicants note that the proposed new
boundary and lot configuration will provide sufficient space for a zoning-compliant new home
construction on Lot 2.The Board notes no variances are required for Lot 1.
The applicants provided the Board with information on comparable lots in the neighborhood so that Lot 2
would be consistent with neighborhood context. While the Board is generally not in favor of creating non-
compliant sized new lots,the shortfall in total lot size in this case is not significant; see note 3 below.
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3. The requested variance is not substantial for neither lot size nor width.
4. The Applicant has demonstrated that granting this variance will not have an adverse physical or
environmental effect on the neighborhood. Permeability of Lot 1 will be 58.5%per the applicant,well in
excess of district requirement.
5. The request for relief is a self-created hardship. However, self-creation is not necessarily fatal to the
application.
Notes:
Planning Board granted a favorable opinion on May 13,2021 and February 23,2023
This subdivision will nullify a Special Use Permit granted in 1992 for a home occupation on this site.
Condition:
Removal of existing driveway and curb cut on Maple Avenue and repair to city standards of sidewalk and
curbing.
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
AV CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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