HomeMy WebLinkAbout20240064 59 Fifth Avenue NOD OGA s CITY OF SARATOGA Gage Simpson,Chair
Brad Gallagher,Vice Chair
Shafer Gaston
SPRINGS Brendan Dailey
ZONING BOARD OF APPEALS Jonah Cohen
Otis Maxwell
�• Chris LaPointe
,N h CITY HALL-474 BROADWAY Robert West(Alternate)
PORATI0 � SARATOGA SPRINGS,NEW YORK12866 Chris Maslack(Alternate)
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
#20240064
IN THE MATTER OF THE APPEAL OF
Mallory and Brandon Otto
59 Fifth Avenue
Saratoga Springs NY, 12866
From the determination of the Building Inspector involving the premises at 59 Fifth Avenue in the City
of Saratoga Springs,New York being tax parcel number 166.13-2-40 on the Assessment Map of said City.
The applicant having applied for an area variance to permit an expansion to a single-family home in the
Urban Residential I (UR-1) District and public notice having been duly given of hearings on said
application held between March 18t', 2024 and April 8t', 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 amount of relief.
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED
REQUIREMENT
MINIMUM INTERIOR SETBACK 12' 5' 7' (58.3 %)
MINIMUM TOTAL INTERIOR SIDE 30' 25.2 4.8' (16%)
SETBACK
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 wants to construct an addition to their current home. The proposed addition
is in line with the current pre-existing non-confirming interior side building line. Other equivalent
expansions would require new and additional variances. The lot shape and footprint of the house
are pre-existing conditions. Bringing the building into compliance would require significant
demolition and reconstruction efforts.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The expanded home will be of an
comparable size to other homes in the neighborhood.
3. The board notes that the variances requested are substantial, but is mitigated by the pre-existing
encroachment into the side setback.
4. This variance will not have a significant adverse physical or environmental effect on the
neighborhood or district. Standard district permeability requirements will be met. Additionally,the
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board notes that the project proposes to improve drainage management.
5. The alleged difficulty is considered self-created insofar as the applicant desires to construct the
addition; however, this is not necessarily fatal to the application.
It is so moved, dated April 8 h,2024.
Passes by the following votes:
AYES: 5 (S. Gaston, O. Maxwell, C. LaPointe, J. Cohen, B. Dailey)
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.
04/10/2024
1
DATE RECEIVED BY
ACCOUNTS DEPT.
Signature:
Interim Chair(Brenda ailey)
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