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HomeMy WebLinkAbout20240178 26 Jumel Area variance 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 920240178 IN THE MATTER OF THE APPEAL OF Peter Proscia 26 Jumel Place Saratoga Springs,NY 12866 from the determination of the Building Inspector involving the premises at 26 Jumel Place in the City of Saratoga Springs,New York being tax parcel number 166.13-1-50.1 on the Assessment Map of said City. The applicant having applied for an area variance under the UDO of said City to permit the construction of a full bathroom on the second floor of an accessory structure in the Urban Residential-3 (UR-3)District and public notice having been duly given of a hearing on said application held on April 22 through May 20,2024. 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 amounts of relief: TYPE OF REQUIREMENT DISTRICT DIMENSIONAL REQUIREMENT PROPOSED RELIEF REQUESTED FULL BATH ON 2ND FLOOR OF NOT PERMITTED PERMITTED 100% ACCESSORY STRUCTURE 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 desires to put a full bathroom on the second floor of the already existing accessory structure. Per the applicant,there is no additional land for purchase. 2. The applicant has demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to the nearby properties. Per the applicant,there will be no visible change to the exterior of the accessory structure. The Board notes the property is 300 sq. ft. short of having 8000 sq. ft. (or 3.8%)to legally have a second dwelling and that the applicant is only asking for a full bathroom. 3. The Board notes the requested variance of 100%is substantial.However,this is mitigated by the lack of impact to the neighborhood as stated above. 4. The Board finds this variance will not have an adverse physical or environmental effect on the neighborhood. The property will meet minimum permeability. 5. The alleged difficulty is self-created insofar as the applicant desires to install a full bathroom on the second floor of an accessory structure,but this is not necessarily fatal to the application. Conditions: No cooking facilities and no overnight stays. It is so moved. Dated: May 20,2024 Page 1 of 2 Passes by the following votes: AYES: 5 (B. Gallagher G. Simpson, S. Gaston, O. Maxwell, C. LaPointe,) 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. SIGNATURE: 05/29/2024 ov CHAIR DATE RECEIVED BY ACCOUNTS DEPT. Page 2 of 2