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HomeMy WebLinkAbout20240406 103 Wright Street 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 20240406 IN THE MATTER OF THE APPEAL OF Saratoga Longshots d/b/a The Trackside Grill 18 Division Street, Suite 306 Saratoga Springs,NY 12866 from the determination of the Building Inspector involving the premises at 103 Wright Street in the City of Saratoga Springs, New York being tax parcel number 179.21-3-4, in the UR-I 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 fence and sound barrier at a restaurant, 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 PROPOSED RELIEF REQUESTED DIMENSIONAL REQUIREMENT FENCE HEIGHT 6' 8' 2' OR 33.3%RELIEF As per the submitted plans or lesser dimensions, be approved for the following reasons: I. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. Per the applicant, the construction of this fence and its associated sound barrier is necessary to allow the restaurant to play live and prerecorded music without disturbing the horses at nearby properties. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The proposed fence will be located behind a tent within the restaurant's already fenced-in backyard, causing minimal disruption to nearby properties. The Board notes that the fence will be almost invisible other than to those in the restaurant's backyard. 3. The Board notes that the requested variance is considered substantial, but this is mitigated by the factors described above. Page 1 of 2 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 fence and sound barrier, 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: . Interim Chair(Brenda ailey) Page 2 of 2