HomeMy WebLinkAbout20230381 17 Aurora Avenue Area Variance 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
#20230381
IN THE MATTER OF THE APPEAL OF
Ross and Kathleen Beckwith
17 Aurora Ave
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 17 Aurora Ave in the City of
Saratoga Springs,New York being tax parcel number 180.10-3-34 on the Assessment Map of said City.
The applicants having applied for an area variance under the UDO of said City to permit the construction
of a fence and a patio with a hot tub in the Suburban Residential (SR-1) District and public notice having
been duly given of a hearing on said application held on the 24th day of July and the 28th day of August,
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 REQUIREMENT PROPOSED RELIEF
REQUESTED
PATIO TO CORNER SIDE 10, 5' 5' 50%
FENCE HEIGHT 4' 6' 2' (33.3%)
HOT TUB IN CORNER SIDE YARD Not Permitted Permitted 100%
as per the submitted plans, be APPROVED for the following reasons:
1. The applicants have demonstrated that they cannot achieve this benefit by any other means feasible
to the applicants. The lot has 3 fronts and,per the applicants,there is limited outdoor living space.
2. The applicants have demonstrated that granting this variance will not create an undesirable change
in neighborhood character or detriment to nearby properties. The fence is the appropriate height
from within the yard. The entire yard is elevated from the street level where the fence sits on top of
a 2' retaining wall. The patio and hot tub are contained within the fence and are nearly unnoticeable
from the neighboring properties. The Board notes the Homeowners Association approved the plans
for this application.
3. The Board notes the requested variances of 50%, 33.3%, and 100% are substantial, however the
impact of the substantiality is mitigated by the fact that the patio and hot tub are not visible to the
neighbors and the fence sits on top of a 2' retaining wall.
4. These variances will not have a significant adverse physical or environmental effect on the
neighborhood or district. The property will meet minimum permeability requirements.
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5. The alleged difficulty is considered self-created insofar as the applicants desire to build the patio,
hot tub, and fence, however 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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