HomeMy WebLinkAbout20230142 44 Jefferson Single Family Conversion NOD Gage Simpson,Chair
gATOG, CITY OF SARATOGA Brad Gallagher,Vice Chair
Q A� Emily Bergmann
e SPRINGS Cheryl Grey
CIO Brendan Dailey
ZONING BOARD OF APPEALS Shafer Gatson
John Daley,Alternate
r -µ CITY HALL-474 BRoADwAY Alice Smith,Alternate
cORPORAIf�) ��1h SARATOGA SPRINGS,NEwYORK12866
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
420230142
IN THE MATTER OF THE APPEAL OF
Joseph Moore
32 Jefferson Street
Saratoga Springs,NY 12866
from the determination of the Building Inspector involving the premises at 44 Jefferson Street in the City of Saratoga
Springs,New York being tax parcel number 178.28-1-38 on the Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to permit the conversion of a property
into a single family home in the Urban Residential-2 (UR-2)District and public notice having been duly given of a
hearing on said application held on April 10 through May 8,2023.
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 PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
INTERIOR SIDE 8' 3' 5' (62.5%)
TOTAL SIDE 20' 14' 6' (30%)
As per the submitted plans or lesser relief,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 convert a small structure into a two-story single family home. Per the applicant,the
current structure is pre-existing,non-conforming and the applicant would like to build a second story within the
currently existing setbacks. The Board notes the property is pre-existing,non-conforming undersized for this
district and 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. The current structure is pre-existing,non-
conforming and per the applicant,the addition will improve the quality of the building. The Board notes the plans
show the second story will not have windows on the side within the setback to mitigate any possible impact to the
neighboring property.
3. The Board notes the requested variances are considered substantial,however,these are mitigated by the
fact that the property is undersized and the setbacks already exist and will not be increased.
4. The Board finds these variances 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 applicant desires to convert the structure into a two-
story home,but this is not necessarily fatal to the application.
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It is so moved.
Dated: May 8, 2023
Passes by the following votes:
AYES: 6 (G. Simpson, B. Gallagher, E. Bergmann, B. Dailey, A. Smith, S. Gaston)
ABSTAINED:
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, seven
members of the Board being present.
2 SIGNATURE: ZL05/18/2023
ZCHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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