HomeMy WebLinkAbout20230473 64 Dyer Switch Recreational Court NOD �f0G' CITY OF SARATOGA Gage Simpson,Chair
Q �A Brad Gallagher,Vice Chair
!�d Cheryl Grey SPRINGS Emily Bergmann
ZONING BOARD OF APPEALS Shafer Gaston
1 = Brendan Dailey
CITY BALL-474 BRoADwAY 7ohnDaley,Alternate
PORATVD 191� SARATOGA SPRINGS,NEw YORK 12866 Alice Smith,Alternate
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
20230473
IN THE MATTER OF THE APPEAL OF
Prince Farms/64 Dyer Switch
6 Balmain Court
Saratoga Springs,NY 12866
From the determination of the Building Inspector involving the premises at 64 Dyer Switch in the City of Saratoga
Springs,New York being tax parcel number 180-10.1.5 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 construct a tennis
court with a fence to new construction in the RR District and public notice having been duly given of a hearing on
said application held on September 25 and October 23,2023
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
MAXIMUM FENCE HEIGHT(BALMAIN CT) 4' 10, 6' (150%)
(RECREATIONAL COURT AREA ONLY)
MAXIMUM FENCE HEIGHT 6' 10, 4' (66.7%)
(RECREATIONAL COURT AREA ONLY)
MAXIMUM IMPERMEABILITY 25% 30% 5%(20%)
RECREATIONAL COURT IN FRONT YARD NOT PERMITTED PERMITTED 100%
As per the submitted plans or lesser dimensions,be approved for the following reasons:
I. The Board finds that the applicant has demonstrated this benefit cannot be achieved by other means feasible
to the applicant. The applicant demolished and is constructing a new residence and wants to build a tennis
court for personal use on the property. The property has two fronts; one on Balmain Court and one on Dyer
Switch Road and the applicant states that the position of the tennis court on Balmain Court is the only
position that will work on the property. The applicant also wants the tennis court to be fenced in by a 10'
high fence which is standard on this recreational facility. The applicant also states that no other setbacks
will be required for the construction of a new residence.
2. The Board finds that the applicant has demonstrated that granting this variance will not create an undesirable
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change in neighborhood character or detriment to nearby properties. The applicant proposes a chain link
fence with shrubbery on the Balmain Court frontage to conceal the tennis court and fencing from the
neighbors.
3. The Board finds the variances to be substantial. However, due to the fact that the lot has two fronts and is
in the Rural Residential district requiring no recreational courts in the front yard, there would be no other
position for the court to be located. The fencing is a requirement of the tennis court and can only be
constructed at 10' around the tennis court.
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 tennis court,but this
is not necessarily fatal to the application.
Dated: October 23, 2023
Adopted by the following votes:
AYES: 5 (G. Simpson, C, Grey, S. Gaston, B. Dailey, B. Gallagher)
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, five
members of the Board being present.
SIGNATURE: 10/26/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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