HomeMy WebLinkAbout20240415 12 Nelson 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
920240415
IN THE MATTER OF THE APPEAL OF
Robert and Robin Gorham
12 Nelson Ave
Saratoga Springs,NY 12866
from the determination of the Building Inspector involving the premises at 12 Nelson Ave in the City of
Saratoga Springs,New York being tax parcel number 179.00-2-15 on the Assessment Map of said City.
The applicants having applied for an area variance under the Unified Development Ordinance (UDO) of
said City to permit the construction of an addition to a single family home in the Rural Residential (RR)
District and public notice having been duly given of a hearing on said application held on the 8th and 22nd
days of July 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 following area variance for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT REQUIREMENT PROPOSED RELIEF REQUESTED
SETBACK INTERIOR SIDE 30' 9' 21' 70%
SETBACK TOTAL SIDE 100, 29' 71' 71%
SETBACK REAR 100, 49' 51' 51%
as per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the
applicants. The applicants desire to build an addition to their home that will include garage space.
The Board notes the property is pre-existing,non-conforming undersized for this district and any
alterations to the existing structure would necessitate a variance. The applicants provided several
alternatives that proved to be less beneficial. There is no additional land for purchase.
2. The applicants have demonstrated that granting this variance will not create an undesirable change
in neighborhood character or detriment to nearby properties. Per the applicants, the addition will
match the rest of the neighborhood and will be more to the back of the existing structure to limit
its view from the street. Per the applicants, a shed on the property will be removed to eliminate
several current variance violations and maintain neighborhood character.
3. The Board notes the requested variances are substantial, however the impact of the substantiality
is mitigated by the nature of the pre-existing,non-conforming undersized lot.
4. This variance will not have a significant adverse physical or environmental effect on the
neighborhood or district. The applicants have provided water mitigation plans so the property will
meet minimum permeability.
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5. The alleged difficulty is considered self-created insofar as the applicants desire to add an addition
to their house. However, this is not necessarily fatal to the application.
Dated: July 22, 2024
Passes by the following votes:
AYES: 5 (S. Gaston, O. Maxwell, C. LaPointe, G. Simpson, 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, five
members of the Board being present.
SIGNATURE: 07/25/2024
jr CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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