HomeMy WebLinkAbout20240012 29 Newton Avenue NOD �,y0GI 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
#20240012
IN THE MATTER OF THE APPEAL OF
Dato Ventures LLC
14 Heather Drive
Gansevoort, NY 12831
from the determination of the Building Inspector involving the premises at 29 Newton Avenue in the City
of Saratoga Springs, New York being tax parcel number 165.57-1-58.1, 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 the
construction of a new single-family home with an attached garage, and public notice having been duly
given of a hearing on said application held from February 12, 2024 to March 4, 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 PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
REAR YARD SETBACK 25' 13' 12' OR 48%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 construct a new single-family home with an attached
garage. The applicant notes that alternative design options were considered, but those
alternatives would have required additional variances. The proposed structure requires the
least amount of relief compared to alternative options.
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 provided
numerous examples of nearby properties with attached garages that are similarly situated
within required setbacks, none of which pose a detriment to the neighborhood or nearby
properties. The Board notes that the previous structure on the property sat even further within
the corner side setback than the proposed new home is set in the rear yard setback. The Board
also notes the current proposal does not require corner side relief, making the new structure an
improvement upon the current condition. The Board also notes that this new single-family
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home would fit closely with the existing character of this neighborhood, which consists
primarily of single-family residences.
3. The Board notes that the requested variance is considered 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
neighborhood or district. Permeability will meet the district requirement.
5. The alleged difficulty is self-created insofar as it is motivated by the applicant's desire to
construct a new single-family home with an attached garage, but this is not necessarily fatal to
the application.
It is so moved.
Dated: March 4, 2024
Passes by the following votes:
AYES: 6 (B. Dailey G. Simpson, 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, six members
of the Board being present.
SIGNATURE: 03/05/2024
jV CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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