HomeMy WebLinkAbout20221094 112 Fifth Avenue Area Variance NOD �TOG,4 CITY OF SARATOGA Gage Simpson,Chair
�g �A Brad Gallagher,Vice Chair
Emily Bergmann SPRINGS Cheryl Grey
CIO
ZONING BOARD OF APPEALS Matthew Brendan Dailey
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CITY HALL-474 BROADWAY
JohnDaley,Alternate
ccRPo�ASE� ��1h SARATOGA SPRINGs,NEW YORK12866 Alice Smith,Alternate
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
920221094
IN THE MATTER OF THE APPEAL OF
Mario and Dawn Martinez
114 5th Ave
Saratoga Springs,NY 12866
from the determination of the Building Inspector involving the premises at 112 5th Ave in the City of Saratoga
Springs,New York being tax parcel number 166.144-38 on the Assessment Map of said City.
The applicants having applied for an area variance under the UDO of said City to permit the expansion of a garage
and new roof over a deck in the Urban Residential 1 (UR-1)District and public notice having been duly given of a
hearing on said application held on February 6 through March 13,2023.
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 variances for the following amounts of relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
MAXIMUM BUILDING COVERAGE 28% 30.9% 2.9%(10.4%)
INTERIOR SIDE SETBACK 12' 4.5' 7.5' (62.5%)
TOTAL SIDE SETBACK 30' 29.7' 0.3' (1%)
MINIMUM FRONT SETBACK 30' 23.5' NONE(SEE BELOW)
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 desire to build an expansion to their garage to fit two vehicles and add a roof to their
back porch. Per the applicants,the current garage plan requests the fewest number and magnitude of variances.
Other options were considered that would have required larger variances and changes to the house floor plan. The
Board notes that the house and property are pre-existing,non-conforming. The house was built within the side
yard setback so any work would trigger a variance, additionally,the property is undersized for the UR-1 district.
The garage is to be extended further into the setback while the porch roof will be built in-line with the rest of the
side of the house and will not encroach further into the setback.
2. The applicants have demonstrated that granting these variances will not produce an undesirable change in
neighborhood character or detriment to the nearby properties. Per the applicants,this project will not change the
exterior mass of the house that would negatively impact views from adjacent properties. The applicants provided
neighborhood context for the expansion of the garage.
3. The Board notes most of the requested variances may not be considered substantial and they are further
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mitigated by the pre-existing,non-conforming undersized property as mentioned above. The Board notes the
requested variance of 62.5% is considered substantial,however,this is mitigated by the minimal impact of the
variance as mentioned above. The front setback is not being requested because the property qualifies for a
modified front setback per Section 3.3B of the UDO.The revised minimum front setback applicable is 23.2'.
4. The Board finds this variance will not have an adverse physical or environmental effect on the
neighborhood.The property will meet minimum permeability.
5. The alleged difficulty is self-created insofar as the applicants desire to build the porch,but this is not
necessarily fatal to the application.
It is so moved,dated: March 13th 2023
It is so moved.
Dated: March 13,2023
Passes by the following votes:
AYES: 4 (G. Simpson, B. Gallagher, B. Dailey, A. Smith,)
RECUSED: 1 (C. Grey)
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
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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