HomeMy WebLinkAbout20240466 57 Bensonhurst 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
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Robert West(Alternate)
ccRPo�ASE� ,�� SARATOGA SPRINGS,NEW YORK 12866 Chris Maslack(Alternate)
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
920240466
IN THE MATTER OF THE APPEAL OF
Perey and Kelly Rousseas
57 Bensonhurst Avenue
Saratoga Springs,NY 12866
from the determination of the Building Inspector involving the premises at 57 Bensonhurst Avenue in the
City of Saratoga Springs, New York being tax parcel number 165.65-1-14.2, in the UR-2 district on the
Assessment Map of said City.
This being an application for an area variance under the Zoning Ordinance of said City to permit the
construction of a new front porch to replace a previously removed unsound structure, and public notice
having been duly given of a hearing on said application held on July 8, 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 DIMENSIONAL REQUIREMENT PROPOSED RELIEF REQUESTED
INTERIOR SIDE SETBACK 8' 2' 6' OR 75%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. The applicant considered alternative designs, but given the location of the home's
main entrance, those alternatives would have necessitated a relocation of the front door. Per
the applicant, this would have incurred substantially higher costs and would have negatively
impacted the use of other rooms in the residence. There is no adjoining 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, as the proposed porch
would encroach no further into the interior side setback than the already-existing primary
structure. The Board also notes that the proposed design will fit more closely with the design
of the residence than the previously existing porch, representing an aesthetic improvement
upon the previous condition of the property.
3. The Board notes that the requested variance is considered substantial, but this is mitigated by
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the factors described above.
4. This variance will not have a significant adverse physical or environmental effect on the
neighborhood or district. Permeability will meet the district requirement.
5. The alleged difficulty is self-created insofar as it is motivated by the applicant's desire to
construct a new front porch to replace a previously existing unsound structure, but this is not
necessarily fatal to the application.
It is so moved.
Dated: July 8, 2024
Passes by the following votes:
AYES: 6 (B. Gallagher, S. Gaston, O. Maxwell, C. LaPointe, J. Cohen, B. Dailey)
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.
07/09/2024
DATE RECEIVED BY
ACCOUNTS DEPT.
Signature:
Irrterim Chair(Brenda ailey)
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