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HomeMy WebLinkAbout20240182 140 Grand Avenue Area Variance NOD OG,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 420240182 IN THE MATTER OF THE APPEAL OF Joseph Snyder 536 Clifton Park Center Road Clifton Park NY 12065 from the determination of the Building Inspector involving the premises at 140 Grand Avenue in the City of Saratoga Springs,New York being tax parcel number 165.66-2-72 on the Assessment Map of said City. The applicant having applied for an area variance under the UDO of said City to permit the renovation and expansion of an existing duplex in the Arts & Cultural District and public notice having been duly given of a hearing on said application held between April 22"d and May 6d', 2024. 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 foll wing area variance for the follo ing amount of relief: Type of Requirement District Proposed Relief requested dimensional requirement Minimum Corner Side Setback 8' 0' 8' (100%) 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. Per the applicant, these plans allow rebuilding an uninhabitable portion of the property while reusing the existing foundation. The board notes that the proposed plans improve the level of compliance by moving a portion of the building inward from the property line. 2. The applicant has demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to the nearby properties. The Board notes other properties on the block have similar reduced setbacks and that the applicant proposes to restore,rather than demolish, a portion of the structure and build the expansion to match the style of the existent structure. The Board further notes that final plans must also be reviewed by the Design Review Board to ensure consistency with the character of the neighborhood. 3. The variance, at 100%,is considered substantial but this is mitigated by the applicant's desire to reuse the existing foundation in their construction plans. 4. The Board finds this variance will not have an adverse physical or environmental effect on the neighborhood. District permeability requirements will be met. 5. The alleged difficulty is self-created insofar as the applicants' desire to create an addition to the property while reusing the existing foundation rather than perform a complete demolition and rebuild, however this is not necessarily fatal to the application. Page 1 of 2 Condition: Approval is contingent upon the applicant reusing the existing foundation in the construction of the addition. Should portions of the foundation be found to be unusable, the execution of construction must reuse at least 75% of the existing foundation structure. Passes by the following votes: AYES: 7 (B. Gallagher G. Simpson, S. Gaston, O. Maxwell, C. LaPointe, B. Dailey, J. Cohen) RECUSED: NAYES: This variance shall expire 1S 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: 05/10/2024 Or CHAIR DATE RECEIVED BY ACCOUNTS DEPT. Page 2 of 2