HomeMy WebLinkAbout20240179 Cherry Street NOD �TOG,4 CITY OF SARATOGA Gage Simpson,Chair
Qg �A Brad Gallagher,Vice Chair
Shafer Gaston
t SPRINGS Brendan Dailey
CIO
ZONING BOARD OF APPEALS Jonah Cohen
Otis Maxwell
Chris LaPointe
r -µ CITY HALL-474 BROADWAY
Robert West(Alternate)
ccRPo�ASE� ,�� SARATOGA SPRINGS,NEW YORK 12866 Chris Maslack(Alternate)
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
#20240179
IN THE MATTER OF THE APPEAL OF
David Devall and Richard DeVall
254 Church St
Saratoga Springs,NY 12866
from the determination of the Building Inspector involving the premises at Cherry Street in the City of
Saratoga Springs,New York being tax parcel number 168.59-1-54.2 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 single family home in the Urban Residential-4 (UR-4) District and public notice having
been duly given of a hearing on said application held on the 22nd day of April 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
REQUIREMENT
SETBACK-FRONT 10, 5' 5' 50%
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 applicants desire to build a single family home, and per the applicants the
submitted plans are the most aesthetic and maximize green space. There is no additional land
available for purchase.
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 a previous approval
920180332 and maintains the finding that the setback is appropriate for the neighborhood.
3. The Board notes the requested variance is substantial, however the impact of the substantiality is
mitigated by the comparables noted in the above and in the previous resolution.
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 build a single
family home. However, this is not necessarily fatal to the application.
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it is so moved, dated April 22, 2024.
Passes by the following votes:
AYES: 6 (B. Gallagher G. Simpson, S. Gaston, O. Maxwell, C. LaPointe, R. West)
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,six members
of the Board being present.
SIGNATURE: 04/30/2024
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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