HomeMy WebLinkAbout20230415 70 Fifth 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 YORK12866 Alice Smith,Alternate
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
920230415
IN THE MATTER OF THE APPEAL OF
Smokeshowcity, LLC
5811 N. Bayshore Drive
Miami, FL 33137
From the determination of the Building Inspector involving the premises at 70 Fifth Avenue in the City
of Saratoga Springs,New York being tax parcel number 166.13-3-30 on the Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to seek relief to demolish
an existing residence and construct a new residence in the (UR-1) District and public notice having been
duly given of a hearing on said application held on July 24 and 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 variance for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
MAX.PRINCIPAL COVERAGE 28% 33.9% 5.9%(OR 21.1%)
REAR YARD SETBACK 30 FT. 25.4 FT. 4.6 FT(OR 15.3%)
MIN. TOTAL SIDE YARD 30 FT. 26.4 FT. 3.6 FT.(12%)
SETBACK
REAR SETBACK TO PATIO 30 FT. 8.3 FT. 21.7 FT. (72%)
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The Board finds that the applicant has demonstrated this benefit cannot be achieved by other means
feasible to the applicant. The applicant seeks to demolish and construct a new residence. The
applicant wants to build a two story home and has worked within the setbacks of the current one
story home on the property. The principal coverage, rear and side setbacks are the same as what
currently exists on the property.
2. The Board finds that the applicant has demonstrated that granting this variance will not create an
undesirable change in neighborhood character or detriment to nearby properties. The applicant
presented materials that demonstrated to the Board that the proposed design is substantially similar
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in coverage and dimensions to many other existing residences along Fifth Avenue that are adjacent
to the Oklahoma Track.
3. The Board does not find the maximum principal coverage or rear yard setback to be substantial.
The Board notes that the lot is undersized at 7,500 square feet in the UR-1 district. The Board also
does not find the total front yard setback to be substantial when viewed in the context of adjacent
properties, which according to the applicant are an average of 23.9 feet. The Board does find the
rear setback to patio to be substantial but notes the applicant has presented other patios along the
Oklahoma Track to be the same distance or greater than the applicant has requested.
4. This Board finds this variance will not have significant adverse physical or environmental effect
on the neighborhood or district.
5. The alleged difficulty is self-created insofar as the applicant desires to construct a new residence,
but this is not necessarily fatal to the application.
It is so moved. Dated: August 28, 2023
Adopted by the following votes:
AYES: 6 (G. Simpson, B, Gallagher, C. Grey, E. Bergmann, 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, six
members of the Board being present.
SIGNATURE: 08/30/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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