HomeMy WebLinkAbout20230227 69 Phila 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
920230227
IN THE MATTER OF THE APPEAL OF
Joseph DeLeva and Rachel Ferluge
2 West Street,Apt. 308
Saratoga Springs NY 12866
From the determination of the Building Inspector involving the premises at 69 Phila Street in the City of Saratoga
Springs,New York being tax parcel number 165.68-68-1-67 on the Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to permit the addition of a two-car
detached garage to an existing single-family residence in a UR-4 District and public notice having been duly given
of a hearing on application held on May 22,June 12,July 10 and 24,2023.
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 variance for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PROPOSED RELIEF REQUESTED
REQUIREMENT
MIN.SIDE YARD SETBACK ACCESSORY 5 FT 2 FT 3 FT(60%)
MIN. SIDE YARD SETBACK ACCESSORY 5 FT 2 FT 3 FT(60%)
MIN. REAR YARD SETBACK ACCESSORY 5 FT 4 FT 1 FT(20%)
As per the submitted plans or lesser dimensions,be denied for the following reasons:
I. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant..
The bump out of the rear property creates a space for the garage. The garage was revised to minimize the
setbacks to the above. The applicant eliminated a man door and separated the two doors per approval
from Design Review Board. The applicant also reduced the size of the eaves and moved it away from the
side setback of the neighboring property. The Board notes the changes on the design to reduce the
percentage of variance.The Board also notes that this is an historic house that is being renovated with no
other room to move the garage.
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 applicant provided accessory structures
in the neighborhood. Two-car garages were built on Lafayette Street.
3. Although the variance is substantial at 60%,the applicant was able to increase the rear setback to request
20%variance. Substantiality is mitigated by the points stated in I and 2 above. The principal building
coverage will be met.
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4. The Applicant has demonstrated that granting this variance will not have any adverse physical or
environmental effect on the neighborhood.The garage is designed to be one story and will not impact
neighboring properties. The property will meet the permeability requirements based on the submitted
plans
5. The alleged difficulty is self-created insofar as the applicants desire to build a two-car garage,but this is
not necessarily fatal to the application.
Note: Favorable DRB Advisory opinion June 7,2023
It is so moved, dated July 24,2023.
Adopted by the following votes:
AYES: 4 (G. Simpson, A. Smith, S. Gaston, B. Dailey)
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, four
members of the Board being present.
SIGNATURE: 07/26/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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