HomeMy WebLinkAbout20221085 140 west Circular NOD ry 0G J CITY OF SARATOGA Gage Simpson,Chair
Brad Gallagher,Vice Chair
Shafer Gaston,f SPRINGS Brendan Dailey
H ZONING BOARD OF APPEALS Jonah Cohen
Otis Maxwell
Chris LaPointe
iN 5 CITY HALL-474 BROADWAY Robert West(Alternate)
ORATED SARATOGA SPRINGS,NEW YORK 12866 Chris Maslack(Alternate)
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
#20221085
IN THE MATTER OF THE APPEAL OF
Charlie and Julie Marshall
140 West Circular Street
Saratoga Springs NY 12866
From the determination of the Building Inspector involving the premises at 140 West Circular
Street in the City of Saratoga Springs,New York being tax parcel number 165.74-1-50 on the
Assessment Map of said City.
The applicant having applied for a modification of a previously granted area variance
#20221085 approved February 6th, 2023 under the Zoning Ordinance of said City Area
variance to permit a rear addition to the existing home in the Urban Residential -2 (UR-2)
District and public notice having been duly given of a hearing on said application held on
February 12th,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
foflowing amount of relief:
TYPE OF REQUIREMENT DISTRICT REQUIREMENT PROPOSED RELIEF REQUESTED
INTERIOR SIDE 8' 2.5' 5.5' (68.8%)
as per the submitted plans or lesser dimensions, be APPROVED for the following reasons:
1. The applicants have demonstrated this benefit cannot be achieved by other means
feasible to the applicants. The applicant has constructed an addition on the rear of their
home. The applicants note they have considered other alternatives but this option is most
economically feasible and will not further intrude into the side yard. The previous
variance approved 3.5ft setback.
2. The applicants have demonstrated that granting this variance will not create an
undesirable change in neighborhood character or detriment to nearby properties. The
Board notes the addition is consistent with other homes in the neighborhood and does
not alter the current character of the street. The Board also notes that the addition is in
the rear and is not visible from the street.
3. The board notes that the requested variance is substantial, but is mitigated by the
neighborhood context and the position of the existing home and the addition will not
create further undesirable change. The Board notes public comments that are supportive
of the project so long as the side remains equal to or further away than the existing
home and setback.
4. This variance will not have a significant adverse physical or environmental effect on
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the neighborhood or district. Standard district permeability requirements will be met.
5. The alleged difficulty is considered self-created insofar as the applicant desires to
construct the addition : however this is not fatal to the application
It so moved February 12, 2024
Passes by the following votes:
AYES: 5 (G. Simpson, B. Dailey, S. Gaston, J. Cohen, O. Maxwell, C. LaPointe)
RECUSED: B. Gallagher
NAPES:
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.
b
SIGNATURE: 02/15/2024
jV CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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