HomeMy WebLinkAbout20230413 44 Newton Avenue NOD OG,4 CITY OF SARATOGA Gage Simpson,Chair
QUA Brad Gallagher,Vice Chair
Cheryl Grey
t SPRINGS Emily Bergmann
ZONING BOARD OF APPEALS Shafer Gaston
Brendan Dailey
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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
#20230413
IN THE MATTER OF THE APPEAL OF
Michael and Helene Verdile
44 Newton Ave
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 44 Newton Avenue in the City
of Saratoga Springs,New York being tax parcel number 165.57-1-82 on the Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to permit construction of
an in-ground pool in the UR-2 District and public notice having been duly given of a hearing on said
application held on July 24, 2023 through to August 28, 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 Requirement Proposed Relief requested
Maximum building coverage 40% 43% 3% (7.5%)
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the
applicant. Per the applicant, the pool has been purchased and contracted for installation per design
from a licensed architect.
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 has demonstrated that a
variance of this nature is in keeping with the character of the neighborhood. The pool will be flush
with the ground and not visible to residents.
3. The variance at 7.5%is not considered substantial.
4. The Board finds this variance will not have an adverse physical or environmental effect on the
neighborhood. The property will meet district permeability requirements
5. The alleged difficulty is self-created insofar as the applicants' desire to add an additional structure to
the property, but this is not necessarily fatal to the application.
It is so moved. Dated: August 28, 2023
Adopted by the following votes:
AYES: 5 (G. Simpson, C. Grey, E. Bergmann, S. Gaston, B. Dailey)
NAYES: 0
RECUSAL: 1 (B. Gallagher)
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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, six
members of the Board being present.
SIGNATURE: 08/30/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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