HomeMy WebLinkAbout20230161 8 Taylor Patio Area Variance NOD �TOG,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
#20230161
IN THE MATTER OF THE APPEAL OF
Gary and Laurie Critelli
8 Taylor Street
Saratoga Springs,NY 12866
from the determination of the Building Inspector involving the premises at 8 Taylor Street in the City of Saratoga
Springs,New York being tax parcel number 178.52-2-27 on the Assessment Map of said City.
The applicants having applied for an area variance under the UDO of said City to permit the placement of a patio
in the Urban Residential-2(UR-2)District and public notice having been duly given of a hearing on said application
held on April 24 through June 12,2023.
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 DIMENSIONAL REQUIREMENT PROPOSED RELIEF REQUESTED
SIDE SETBACK TO PATIO 10, 7' 3' (30%)
REAR SETBACK TO PATIO 25' 13' 12' (48%)
As per the submitted plans or lesser dimensions,be approved for the following reasons:
I. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the
applicants. The applicants desire to maintain an existing patio on the property.The Board notes the patio was
installed prior to seeking variances for the rear and side setbacks. Per the applicants,there is no additional land for
purchase.
2. The applicants have demonstrated that granting this variance will not produce an undesirable change in
neighborhood character or detriment to the nearby properties. The existing patio is flush with the ground level and
is concealed by a fence.
3. The Board notes the requested variance is considered substantial,however,the impact of this variance is
mitigated by the discussion in paragraph number 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 keep the patio,but this is not
necessarily fatal to the application.
It is so moved.
Conditions: The shed on the property is to be moved to meet zoning setbacks.
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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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