HomeMy WebLinkAbout20230457 34 York second dwelling area variance NOD �TOG,4 CITY OF SARATOGA Gage Simpson,Chair
�g �A Brad Gallagher,Vice Chair
Cheryl Grey
t SPRINGS Emily Bergmann
CIO
ZONING BOARD OF APPEALS Shafer Gaston
11 Brendan Dailey
r -µ CITY HALL-474 BRoADwAY John Daley,Alternate
c0RpORA5�4 ��1h SARATOGA SPRINGS,NEw YORK 12866 Alice Smith,Alternate
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
420230457
IN THE MATTER OF THE APPEAL OF
Andrea Peek
34 York Ave
Saratoga Springs,NY 12866
from the determination of the Building Inspector involving the premises at 34 York Ave in the City of Saratoga
Springs,New York being tax parcel number 166.45-4-9 on the Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to permit the demolition and
construction second dwelling with a garage in the Urban Residential-3 (UR-3) District and public notice having
been duly given of a hearing on said application held on August 28 through to October 02,2023.
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 REQUIREMENT PROPOSED RELIEF REQUESTED
MINIMUM LOT SIZE 8000 SQ FT 6620 SQ FT 1380 SQ FT(17.3%)
MINIMUM AVERAGE WIDTH 80, 49' 31' (38.8%)
REAR YARD SETBACK 25' 10.5' 14.5' (58%)
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.
The applicant desires to replace a large barn structure that contained habitable space with a smaller garage with
habitable space. Per the applicant,the current structure is in a state of disrepair and is unsafe for any functional
use. The applicant notes there is no additional land for purchase. The Board notes the existing structure sits on the
rear property line and is within the west side yard setbacks. The proposed structure will eliminate the side yard
setback and reduce the rear yard setback.
2. The applicant has demonstrated that granting these variances will not produce an undesirable change in
neighborhood character or detriment to the nearby properties. Per the applicant,the garage will match the
neighborhood character and will improve the aesthetics and safety for the surrounding properties. The Board
notes the proposed structure is smaller and more consistent with the neighborhood character than the currently
existing structure that sits within the side and rear yard setbacks.
3. The Board notes the requested variances of 38.8% and 58% are considered substantial,however,the
impact of these variances is mitigated by the lot size being pre-existing,non-conforming as well as the
discussions above. The 17.3%is not considered substantial.
4. The Board finds these variances will not have an adverse physical or environmental effect on the
neighborhood. The property will meet minimum permeability.
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5. The alleged difficulty is self-created insofar as the applicant desires to build the garage with habitable
space,but this is not necessarily fatal to the application.
It is so moved.
Dated: October 2,2023
Adopted by the following votes:
AYES: 6 (G. Simpson, , E. Bergmann, S. Gaston, B. Dailey, A. Smith, B. Gallagher)
NAYES: 1 ( C, Grey)
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, seven
members of the Board being present.
4
SIGNATURE: 10/03/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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