HomeMy WebLinkAbout20240287 43 Central Avenue NOD �roc,4 CITY OF SARATOGA Gage Simpson,Chair
Qg �A Brad Gallagher,Vice Chair
Shafer Gaston
t SPRINGS Brendan Dailey
CIO
ZONING BOARD OF APPEALS a Cohen
Otis s Ma
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
920240287
IN THE MATTER OF THE APPEAL OF
Nicholas Magina
43 Central Ave
Saratoga Springs,NY 12866
from the determination of the Building Inspector involving the premises at 43 Central Ave in the City of
Saratoga Springs,New York being tax parcel number 165.14-3-29 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 an addition to the principal structure in the Urban Residential-2 (UR-2)District and public
notice having been duly given of a hearing on said application held on the 2nd day of May and loth day
of June, 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-INTERIOR SIDE 8' 2.5' 5.5' (68.8%)
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 build an additional single-car garage to the side of the current
attached garage. Alternative options were considered and this plan is the most feasible. There is no
additional land available for purchase.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The applicant provided neighborhood
context for similar structures and setbacks. The Board notes the adjacent affected property has a
principal structure situated relatively far from the impacted property line.
3. The Board notes the requested variance is substantial, however the impact of the substantiality is
mitigated by the comparables and lack of impact noted above.
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 an addition
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to their home. However, this is not necessarily fatal to the application.
It is so moved.
Dated: June 10, 2024
Passes by the following votes:
AYES: 7 (B. Gallagher G. Simpson, S. Gaston, O. Maxwell, C. LaPointe, B. Dailey, J. Cohan)
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, seven
members of the Board being present.
SIGNATURE: 4V 06/13/2024
AV CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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