HomeMy WebLinkAbout20230948 251 East Ave area variance NOD �f0G' CITY OF SARATOGA Gage Simpson,Chair
�A Brad Gallagher,Vice Chair
!�d Cheryl Grey SPRINGS Shafer Gaston
ZONING BOARD OF APPEALS Brendan Dailey
1 = Jonah Cohen
Otis Maxwell
CITY HALL-474 BROADwAY Alice Smith,Alternate
�RPORATVD 19 SARATOGA SPRINGS,NEW YORK12866
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
#920230948
IN THE MATTER OF THE APPEAL OF
Synergy US Investments Inc.
2400 Newton Pike
Lexington,KY 40583
from the determination of the Building Inspector involving the premises at 251 East Ave in the City of Saratoga
Springs,New York being tax parcel number 166.70-1-36 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 a
permanent structure in place of a temporary canopy in the Institutional Horse Track Related(INST-HTR)District
and public notice having been duly given of a hearing on said application held on December 11, 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
CORNER SIDE YARD SETBACK 30' 8.8' 21.2' (70.7%)
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 seasonal canopy with a permanent canopy structure. The canopy will be flush
with the pre-existing,non-conforming building that currently sits within the corner side setback. Several
alternative locations were considered and the proposed plan provides the most ideal location affixed to the
hospitality building near the kitchen.
2. The applicant has demonstrated that granting this variance will not produce an undesirable change in
neighborhood character or detriment to the nearby properties. Per the applicant,the proposed structure will be
more aesthetic than the temporary tent that is up most of the year. It will also reduce light and sound pollution
being a solid structure vice a tent.
3. The Board notes the requested variance of 70.7%is considered substantial. However,this is mitigated by the
fact that the permanent canopy is replacing a tent-like canopy that exists most of the year, and the permanent
structure will not encroach further into the corner side setback than the pre-existing,non-conforming building
it will be attached to.
4. The Board finds these variances will not have an adverse physical or environmental effect on the
neighborhood. The property will meet minimum permeability.
5. The alleged difficulty is self-created insofar as the applicant desires to build the structure,but this is not
necessarily fatal to the application.
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It is so moved. Dated: December 11, 2023
Passes by the following votes:
AYES: 5 (G. Simpson, B. Gallagher, B. Dailey, S. Gaston, J. Cohen,)
RECUSED:
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, five
members of the Board being present.
SIGNATURE: 12/14/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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