HomeMy WebLinkAbout20190534 Ablamsky Residence NOD CITY OF SARATOGA SPRINGS Bill Moore, Chair
Keith Kaplan, Vice Chair
} `. ZONING BOARD OF APPEALS Brad Gallagher,Secretary
; I Cheryl Grey
- ; ' Jerry Luhn
� CITY HALL-474 BROADWAY Chris Hemstead
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SARATOGA SPRINGS,NEW YORK 12866 Suzanne Morris
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Kathleen O'Connor,alternate
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ED
#20190534
IN THE MATTER OF THE APPEAL OF
Brynya and Derek Ablamsky
41 Webster St.
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 41 Webster St. in the City of
Saratoga Springs,New York being tax parcel number 166.77-2-41 on the Assessment Map of said City.
The appellants having applied for an area variance under the Zoning Ordinance of said City to permit the
construction of an addition to an existing single-family residence in a UR-2 District and public notice having
been duly given of a hearing on said application held on the 8th and 22nd days of July 2019.
In consideration of the balance between benefit to the applicants 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 DIMENSIONAL PROPOSED RELIEF REQUESTED
REQUIREMENT
MINIMUM SIDE YARD SETBACK 8' 4.8' 3.2'OR 40%
(PROPOSED SECOND STORY RELIEF
ADDITION)
MINIMUM SIDE YARD SETBACK 8' 6.4' 1.6'OR 20%
(EXISTING SUNROOM) 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.
In the case of the sunroom,the Board notes it already exists and removing it would be costly and would
reduce the use and enjoyment of the residence. In the case of the second story addition,the improvement
to the residence being proposed would add a bedroom, which, if the second story portion was to be
reduced in size to avoid this variance request,would not be feasible to add;per the applicant,there would
be insufficient room to add a bedroom if the added height was to be stepped back from the first-floor
footprint.
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 application materials
show that the second-story addition stays within the existing residence's footprint,while not adding
significantly to mass and scale. Additionally, the Board notes that the elevations provided show the
proposed added mass and scale will be consistent with the adjacent residence in the side with the setback
encroachment.
Finally,the sunroom addition is in the rear, and is stepped back further from the property line than the
front second-story addition being requested; therefore it is not as visible from the street due to its
placement.
3. The Board finds the second-story addition side yard variance to be substantial on a percentage basis;
however, the substantiality is mitigated by the fact that the addition is an extension of the existing portion
of the residence, as well as the placement of the setback encroachment on the side of the house adjacent
to the neighbor's driveway.
The sunroom addition side setback variance is not substantial.
4. These variances will not have significant adverse physical or environmental effect on the neighborhood
or district. The lot as shown in the application materials will still well exceed permeability requirements
of 25%.
5. The alleged difficulty is self-created insofar as the applicants desire to construct the proposed addition,
but this is not necessarily fatal to the application.
Adopted by the following vote:
AYES: 7 (K. Kaplan, S. Morris, J. Luhn, B. Gallagher,K. O'Connor, B. Moore, C. Grey)
NAYE S: 0
Dated: July 22, 2019
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 240-8.5.1.
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: s. 07/23/2019
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.