HomeMy WebLinkAbout20230141 130 Circular Street Area Variance NOD OG,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
LJ
µ`
CITY HALL-474 BROADWAY
JohnDaley,Alternate
ccRPo�ASE� ��1h SARATOGA SPRINGs,NEW YORK 12866 Alice Smith,Alternate
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
20230141
IN THE MATTER OF THE APPEAL OF
Rabbi Abba Rubin and Chabad Lubovich of Saratoga
130 Circular Street
Saratoga Springs NY 12866
In the matter of the appeal from the Building Inspector's determination involving 130 Circular Street, in
the City of Saratoga Springs,New York,being Tax Parcel 160.60-268 on the assessment map of said City.
The applicant having applied for an area variance under the UDO of said City to permit the location of
two bedrooms in an accessory structure in the Urban Residential 3 (UR-3) District and public notice
having been duly given of a hearing on said application held on April 10 and July 24, 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:
TYPE OF REQUIREMENT DISTRICT PROPOSED TOTAL RELIEF
REQUIREMENT REQUESTED
Permitted use of accessory 4 bedrooms(8 adults and 6 bedroom (12
structure-carriage house their children) (previous adults and their 50%
variance) children)
Full bathroom in accessory Not permitted (1.5 bath
structure permitted from previous 3 full bathroom 100%
variance)
As per the submitted plans or lesser relief,be approved as per this Board's consideration of the following
factors:
1. The applicant has demonstrated that this benefit cannot be achieved by other means feasible to the
applicant. In a previous resolution dated March 19, 2012, an area variance was issued to permit the
accessory structure to include four bedrooms and one and a/half bathrooms. The bedrooms are necessary
for the Temple to be able to hold religious ceremonies with the required number of persons in attendance.
Page 1 of 3
The participants cannot drive or be driven on the day of Sabbath, therefore requiring them to be within
easy walking distance. Per the applicant, many of the religious ceremonies require at least eight
participants and adding two bedrooms to the accessory structure would allow the overnight stays necessary
for the weekly ceremonies. The Board noted the details of the special use permit granted July 24, 2002.
2. The applicant has not demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The applicant stated that the accessory structure
is in existence and has been used for this purpose since 2002. No kitchen facilities are permitted
3. The Board notes that the variance is substantial, since by code this zoning district does not allow
habitable space in the accessory structure. However the board notes the previous variance would allow for
4 bedrooms and the current variance will allow for 6 bedroom or 12 adults and their children whichever
is less. The previous variance acknowledged the use of 1.5 bathrooms this current variance will permit 3
full bathrooms in the accessory structure.
4. The applicant has demonstrated that the proposed variance will not have an adverse physical or
environmental effect on the neighborhood. No additional parking will be required due to the fact that the
overnight guests do not drive.
5. The alleged difficulty may be considered self-created, however this is not necessarily fatal to the
application.
Conditions:
1) This variance is conditioned upon the improvements not creating an accessory apartment.
Specifically no kitchen will be allowed.
2) This variance is a modification of the previously granted area variance dated March 19, 2012 and
has a new limit of 12 adult guests and their children (at any one time) for overnight
accommodations relating to religious use of the property.
3) Length of stay is limited to 15 consecutive days within the accessory structure. The variance is
conditioned on the accommodations relating to the religious use of the property.
4) The variance expires with termination of religious use.
Note: The City Planning Board issues a favorable advisory May 25, 2023
It is so moved,dated July 24,2023.
Page 2 of 3
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.
00
SIGNATURE: 00. 07/26/2023
oe CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
Page 3 of 3