HomeMy WebLinkAbout20230422 12 Ballston Avenue Area Variance NOD �TOG,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
920230422
IN THE MATTER OF THE APPEAL OF
CollabDev 2 LLC
529 Main Street, Suite 107
Boston, MA 02129
from the determination of the Building Inspector involving the premises at 12 Ballston Avenue in the City
of Saratoga Springs,New York being tax parcel number 165.83-1-3 on the Assessment Map of said City.
The applicant having applied for an area variance under the Unified Development Ordinance (UDO) of
said City to permit the demolition of the existing structure and reconstruct a one-story restaurant building
in the Transect-5 (T-5) District and public notice having been duly given of a hearing on said application
held on July 24, 2023 through August 28, 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 variances for the following amounts of relief:
TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PROPOSED RELIEF REQUESTED
REQUIREMENT
BUILD OUT PERCENTAGE(BALLSTON AVE) 70% 34.7% 35.3%(OR 50.4%)
BUILD OUT PERCENTAGE (HAMILTON 70% 23% 47%(OR 67.1%)
STREET
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 proposed project includes the demotion of the pre-existing, non-
conforming vacant building and replacing it with a new building. According to the applicant, the
variances requested are necessary because of the unusual shape of the parcel and limited area to
accommodate on-site parking. The applicant stated that alternative proposals were considered and
explored with the City. The applicant submits that the current plans best conform to the UDO
requirements with the exception of the build-out requirements and increases safety related to
parking and moving vehicles.
2. The applicant has demonstrated that granting this variance will not create an undesirable change
in neighborhood character or detriment to nearby properties. Per the applicant, the existing
structure is vacant, deteriorating and non-conforming. The applicant submits that the new
structure will be conforming except the build-out percentage and improve access, landscape and
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storm-water management.
3. The Board finds these variances to be substantial on a percentage basis; however, the
substantiality is mitigated by the fact the lot is of an unusual shape and size and that the propose
plan will, according to the applicant, improve safety across the site.
4. These variances will not have significant adverse physical or environmental effect on the
neighborhood or district. The applicant submitted that the new building will improved the site
through the demolition of a non-confirming, deteriorating structure, while also improving the
storm-water management, site landscaping and safety across the site.
5. The alleged difficulty is self-created insofar as the applicants desire to construct the proposed
addition, but this is not necessarily fatal to the application.
Note: The ZBA conducted SEQR and found no significant impact resulting in a Negative SEQR
Declaration on August 28, 2023
It is so moved.
Dated: August 28, 2023
Adopted by the following votes:
AYES: 6 (G. Simpson, C, Grey, E. Bergmann, S. Gaston, B. Dailey)
NAYES: 0
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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