HomeMy WebLinkAbout20231044 28 Warren Street 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
#20231044
IN THE MATTER OF THE APPEAL OF
Terry McCarthy
12 Lee Ave
Troy, NY 12180
from the determination of the Building Inspector involving the premises at 28 Warren Street in the City
of Saratoga Springs,New York being tax parcel number 165.45-2-45 on the Assessment Map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit the
construction of a rear addition to a single family home in the Urban Residential-3 (UR-3) District and
public notice having been duly given of a hearing on said application held on the 12th day of February
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 variance for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT REQUIREMENT PROPOSED RELIEF REQUESTED
SETBACK INTERIOR SIDE 5' 1.5' 3.5' 70%
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 plans to remove a portion of the house and rebuild it bigger to
accommodate their needs. The applicant notes that the planned addition is only feasible in the rear
of the house where a current pre-existing, non-conforming section resides. The board notes that
the house is pre-existing, non-conforming and sits within the interior side setback.
2. The applicant has demonstrated that granting this variance will not create an undesirable change
in neighborhood character or detriment to nearby properties. Per the plans, the addition is
replacing a portion of the pre-existing, non-conforming house and will not encroach further into
the side setback. The Board notes that the proposed addition will produce a slightly larger
footprint within the setback as the current pre-existing, non-conforming, portion of the house,
however there is little incremental impact from that area of dimensional relief.
3. The Board notes the requested variance is substantial, however the impact of the substantiality is
mitigated by the lack of impact noted above.
4. This variance will not have a significant adverse physical or environmental effect on the
neighborhood or district. The property will meet minimum permeability.
5. The alleged difficulty is considered self-created insofar as the applicant desires to add an addition
to their house. However, this is not necessarily fatal to the application.
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Dated: February 12, 2024
Passes by the following votes:
AYES: 7 (B. Gallagher G. Simpson, B. Dailey, S. Gaston, J. Cohen, O. Maxwell, C. LaPointe)
RECUSED:
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.
SIGNATURE: 02/15/2024
jV CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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