HomeMy WebLinkAbout20230160 138 Jefferson Street Area Variance NOD OG,4 CITY OF SARATOGA Gage Simpson,Chair
Qg �A Brad Gallagher,Vice Chair
Emily Bergmann SPRINGS Cheryl Grey
CIO
ZONING BOARD OF APPEALS Matthew Brendan Dailey
r -µ CITY HALL-474 BROADWAY John Daley,Alternate
ccRPo�ASE� ��1h SARATOGA SPRINGS,NEW YORK 12866 Alice Smith,Alternate
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
#20230160
IN THE MATTER OF THE APPEAL OF
Joanne Merman
138 Jefferson Street
Saratoga Springs NY 12866
In the matter of the appeal from the Building Inspector's determination involving an existing garage at a
single family residence at 138 Jefferson Street, in the City of Saratoga Springs,New York,being Tax
Parcel 178.36-3-28 on the assessment map of said City.
The applicant having applied for an area variance under the UDO of said City to permit an existing garage
in a UR-2 District and public notice having been duly given of a hearing on said application held on April
24 and June 12, 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 variance for the following amount of relief:
Area of Relief Required Proposed Total relief requested
Accessory to side 5' 2' 3' (60%)
Accessory to rear 5' 2.5' 2.5' (50%)
As per the submitted plans, be approved as per this Board's consideration of the following factors:
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the
applicant. The applicant purchased the property in 2022. The previous owner had moved the
carport which was partially located on the property to the rear to the present location and finished
it as a garage. The previous owner placed the garage on an existing driveway and secured the
garage with anchors making it difficult to move again.
2. The applicant has demonstrated that granting this variance will not create an undesirable change
in the neighborhood character or detriment to nearby properties. The carport was in existence for
many years encroaching on the property to the rear by 2'. It was moved onto the property as
much as possible so that the entrance to the garage is accessible by the applicant. The single
family residence has been in existence since approximately 1930 with limited space between the
rear of the home and the entrance to the garage.
3. The relief requested may be considered substantial,however is mitigated by the fact that the
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current residence is preexisting with the driveway close to the south property line.
4. The applicant has demonstrated this variance will not have an adverse physical or environmental
effect on the neighborhood. Permeability will continue to exceed the required 25% permeability.
5. The difficulty may be considered self-created. However, this is not necessarily fatal to the
applicant.
It is so moved, June 12, 2023.
Condition: The variance is in effect for this existing structure only and if the structure is demolished
whether intentionally or accidentally this approval shall no longer apply.
It is so moved.
Dated: June 12, 2023
Adopted by the following votes:
AYES: 4 (G. Simpson, C, Grey, S. Gaston, B. Dailey)
NAYES: 0
RECUSED: 1 (B. Gallagher)
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: 06/14/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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