HomeMy WebLinkAbout20230335 9 Clark Zoning Interpretation 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,NEwYORK12866
518-587-3550 Alice Smith,Alternate
W W W.SARATOGA-SPRINGS.ORG
#20230335
IN THE MATTER OF THE APPEAL OF
Mark Straus
15 King Road,Middle Grove, NY 12850
WHEREAS, Applicant Mark Straus having applied for an interpretation appeal of the expiration clause
associated with a Zoning Board of Appeals approval dated June 22 1983. That would permit the conversion of a
three family dwelling,located at 9 Clark Street,into a four family dwelling and identified as Tax Map Parcel 165.84-
1-79 (the "Property"); and
WHEREAS,the Building Inspector rendered a determination on June 8, 1992 and was reaffirmed October
13 2016 regarding the expiration of the Zoning Variance obtained June 22, 1983 citing the applicant failed to obtain
a building permit within one year of the filing date of the Boards decision and as such the approval would have
expired;
AND NOW THEREFORE IT IS HEREBY,
RESOLVED,that the City of Saratoga Springs Zoning Board of Appeals makes the following findings:
1) The 1983 Zoning Variance approved the use of a fourth apartment under the 1973 Zoning Ordinance. The
1973 Zoning Ordinance did not have any provisions relating to time limitations.
2) The 1987 Zoning Ordinance added the following expiration provision: "obtaining the necessary building
permit and begin actual construction or comply with the conditions of the authorization within one year."
The Building Inspector utilized this provision to determine the 1983 Zoning Variance had expired in the
1992 determination. The Board agrees with this finding, however also finds it appropriate to allow an
extension of the expiration under these unique circumstances.
3) The Board agrees that the Property at issue has not received a building permit for the fourth apartment and
would need to "have started actual construction" per the current Unified Development Ordinance (UDO)
enacted in 2022. Per the applicant, the fourth apartment was constructed and used following the 1983
Zoning Variance approval.
4) The Board agrees with the 1983 Zoning Variance that the fourth apartment "will be in harmony with the
general purpose of the ordinance and not injurious to the public welfare and is in keeping with the
characteristic of the neighborhood,which is multi-family."
RESOLVED, that the Building Inspector's June 8, 1992 Determination is hereby overturned and
the applicant will need to apply for a certificate of occupancy within 18 months of the filing of this resolution.
Condition: The applicant shall obtain a building permit and subsequent CO to be considered lawful.
It is so moved. Dated:November 20, 2023
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Adopted by the following votes:
AYES: 5 (G. Simpson, C, Grey, B. Gallagher, B. Dailey, A. Smith)
NAYES: 1 (S. Gaston)
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: 00 11/28/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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