HomeMy WebLinkAbout20230974 106 Elm Street Area Variance NOD �f0G' CITY OF SARATOGA Gage Simpson,Chair
�A Brad Gallagher,Vice Chair
!�d Shafer Gaston SPRINGS Brendan Dailey
ZONING BOARD OF APPEALS Jonah Cohen
1 = Otis Maxwell
Chris LaPointe
CITY HALL-474 BROADwAY
PORATVD 191� SARATOGA SPRINGS,NEW YORK12866
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
920230974
IN THE MATTER OF THE APPEAL OF
David Aimone and Ellen Egger-Aimone
106 Elm Street
Saratoga Springs, NY 12866
from the determination of the Building Inspector involving the premises at 106 Elm Street in the City of
Saratoga Springs,New York being tax parcel number 165.82-1-41,in the UR-2 district on the Assessment
Map of said City.
This being an application for an area variance under the Zoning Ordinance of said City to permit an
accessory shed to remain within the side setback, and public notice having been duly given of a hearing
on said application held on January 29, 2024.
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 PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
SIDE SETBACK TO ACCESSORY SHED 5' 0' 5' OR 100%RELIEF
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 would like to maintain an existing accessory shed that sits within the
required side setback. Per the applicant, moving the shed would be infeasible and there is no
other suitable location for the shed on the property.
2. The applicant has demonstrated that granting this variance will not create an undesirable
change in neighborhood character or detriment to nearby properties. The applicant notes that
the shed was in the same location when they purchased the property in 2009 and has been on
site for 20 years, posing no detriment to the neighborhood or nearby properties during that
time. The Board notes that the applicant has provided examples of nearby properties with
accessory structures that sit within required setbacks.
3. The Board notes that the requested variance is substantial, but this is mitigated by the factors
described above.
4. This variance will not have a significant adverse physical or environmental effect on the
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neighborhood or district. The accessory shed has existed in its current location for 20 years
without adverse physical or environmental effect on the neighborhood or district, and
permeability will meet the district requirement.
5. The alleged difficulty is self-created insofar as it is motivated by the applicant's desire to
maintain their existing accessory shed in its present location, but this is not necessarily fatal to
the application.
It is so moved dated January 29, 2024
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: 02/02/2024
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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