HomeMy WebLinkAbout20230141 130 Circular Street previous NOD f
BELL MOORE
CITY OF ARATO A SPRINGS CHAIR
KEITH E3. KAPLAN
ZONING BOARD OF APPEALS VICE CHAIR
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ADAM McNEILL
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CrrY HALL-474 BRQADWAY SECRETARY
GARY HASBROUCK
SARATOGA SPRINGS, NEW YORK 1 2666
GEORGE "SKIP" CARLSON
PH) 5 1 8-587-3550 Fx] 5 1 8-560-9480
WWW.SARATOGA-SPRINGS.ORG
IN THE MA TIER OF THE APPEAL OF =
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Chabad Lubovitch of Saratoga County, Inc.
130 Circular Street
Saratoga Springs, New York 12866
from the Building Inspector's determination for the premises at 130 Circular Street, identified
as Tax Parcel.Section 160.60 Block 2 Lot 68 in the Inside District of the City of Saratoga Springs,
New York.
WHEREAS, the appellant has applied for an AREA VARIANCE for relief from the current City
Zoning Ordinance to exceed the permitted activity or use of an accessory structure (a private
garage) in an Urban Residential —3 zoning district; and public notice having been duly given of
a hearing on said application_held on March Sth and 19th, 2012.
WHEREAS, in consideration of the balance between benefit to the applicant with detriment to
the health, safety and welfare of the community, the Board makes the following resolution
that the requested AREA VARIANCE for the following relief or lesser dimensions, as described
in the submitted application, be APPROVED:
Required Existing Proposed Relief Requested
Permitted use of accessory Uninhabitable 2 car garage with Habitable space Limited use of
structure-private garage space unfinished attic habitable space in a
storage private garage
1) The applicant has demonstrated this benefit cannot be achieved by other means
feasible to the applicant. The applicant noted the desire to create a habitable area in
the attic of a detached garage in order to allow for overnight religious visitation to the
house of worship already located on the site as approved in the special permit
approved July 24, 2002. The zoning code does not allow any type of finishing work
which would create a habitable area in the attic of a detached garage in a UR-3 district.
Finish work, to be performed, includes the installation of 1 and a 1/2 baths, 4
bedrooms, insulation, and a heating system. The applicant explored the possibility of
converting the basement and other areas of the house for these purposes. As the
applicant states, those areas were found not to be feasible because of"inadequate
space" and lack of natural light in the basement. It appears attaching the garage to the
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primary structure would not be feasible to the applicant. Another option would be to
apply for a building permit to change the property designation to a 2 family parcel
which is allowed in the UR-3 district, but this would also require an area variance to
permit the permitted second residential unit in a detached structure.
2) The applicant has demonstrated that granting this variance will not create an
undesirable change,in neighborhood character or detriment to nearby properties. The
detached garage is a pre-existing structure on the, The neighborhood will not -yam
property. g
be altered in character as no exterior change will be visible. The board's concern is that-
the use of the attic of the garage does not expand to include an accessory apartment.-
No kitchen facilities are planned in the improved attic space. It should also be noted
that SS seats are available for worship in the primary structure. The 2002 special permit
contemplated reasonably intense use of the property for religious purposes. Previously,
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this property was the site of a funeral home.
3) The relief requested is substantial. Since the code does not allow finished space in an
accessory structure, allowing even limited finished space is considered substantial.
4) The applicant has demonstrated this variance will not have an adverse or
physical
environmental effect on the neighborhood. No additional impervious surface is planned
for the project. No additional parking will be required for the project since the space
does not constitute a residential unit..
5) The difficulty may be considered self created. This, however, is not necessarily fatal to
the application.
Conditions: This variance is conditioned upon the improvements not creating an accessory
apartment. Specifically, no kitchen will be allowed. The variance is also conditioned upon a
limit of S adult guests and their children (at any one time) of the applicant for overnight
accommodations relating to the religious use of the property and the length of stay of any
guest is limited to 15 consecutive days.
The variance expires with termination of religious use.
Adopted by the following vote:
AYES: 5 (B. Moore, K. Kaplan, A. McNeill, G. Hasbrouck, G. Carlson)
NAPES: 0
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