HomeMy WebLinkAbout20230558 38 Oak Street Area Variance NOD pTOGA CITY OF SARATOGA Gage Simpson,Chair
Brad Gallagher,Vice Chair
Cheryl Grey
SPRINGS Emily Bergmann
- ZONING BOARD OF APPEALS Shafer Gaston
Brendan Dailey
Jonah Cohen
CITY HALL-474 BRoADwAY John Daley,Alternate
�RPQRATE 4 1� SARATOGA SPRINGS,NEW YORK 12866
518-587-3550 Alice Smith,Alternate
W W W.SARATOGA-SPRINGS.ORG
920230558
IN THE MATTER OF THE APPEAL OF
Tradewind Holdings, LLC
6 Eton Court
Saratoga Springs, NY 12866
from the determination of the Building Inspector involving the premises at 38 Oak Street in the City of
Saratoga Springs,New York being tax parcel number 165.66-3-23 on the Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to permit the construction
of an accessory structure in the Urban Residential-3 (UR-3) District and public notice having been duly
given of a hearing on said application held on October 2 through November 20, 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
INTERIOR SIDE YARD SETBACK 5' 3.2' 1.8' (36%)
ACCESSORY STRUCTURE ONLY
MAXIMUM LOT COVERAGE 40% 44% 4%(10%)
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 build an accessory structure that is a I-car garage with finished space.
The applicant notes there is no additional land for purchase and the garage will reduce street parking
issues. An alternative design of building an attached garage to the principle structure was deemed
impractical by the applicant. Several alternative designs for the detached structure were considered, and
this proposal requires the fewest variances.
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 proposed
structure will replace an old barn structure that previously existed on the lot. Neighborhood comparables
were provided to demonstrate similar structures and setbacks.
3. The Board notes the requested variance of 36% is considered substantial. This is mitigated by the
discussion in paragraph 2. The 10% may not be considered substantial and is further mitigated by
neighborhood comparables.
4. The Board finds these variances will not have an adverse physical or environmental effect on the
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neighborhood. The property will meet minimum permeability.
5. The alleged difficulty is self-created insofar as the applicant desires to build the accessory
structure, but this is not necessarily fatal to the application.
Condition: No cooking or bathing facilities and no overnight stays.
It is so moved. Dated: November 20, 2023
Adopted by the following votes:
AYES: 7 (G. Simpson, S. Gaston,B. Dailey, J. Cohen, C, Grey, B. Gallagher, A. Smith)
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, seven
members of the Board being present.
SIGNATURE: '�4vl 1/28/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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