HomeMy WebLinkAbout20240284 24 Schuyler Drive 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
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20240284
IN THE MATTER OF THE APPEAL OF
Nicholas and Kirsten Bernardo
24 Schuyler Drive,
Saratoga Springs,NY 12866
from the determination of the Building Inspector involving the premises at 24 Schuyler Drive in the City
of Saratoga Springs,New York being tax parcel number 166.14-1-11 on the Assessment Map of said City.
The applicant having applied for an area variance under the Unified Development Ordinance (UDO) of
said City to permit an addition to the principal structure within the Urban Residential -1 (UR-1) District
And public notice having been duly given of a hearing on said application held between May 2 and July
22, 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
MAX PRINCIPAL COVERAGE 28% 32% 4% 14.3%
MIN TOTAL SIDE SETBACK 30' 16.5' 13.5' 45%
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 renovate and add a bedroom the principal residence. Alternative
options were considered and this plan is the most feasible and with the least amount of relief to
achieve the desired square footage. 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.
3. The Board notes the requested variance for total side yard setback is substantial,however the impact
of the substantiality is mitigated by points noted above. The lot coverage variance is not substantial
and the Board notes the substandard lot size being under the 12,500 district requirement for the UR
-1 District. The Board further notes that the existing residence is not zoning compliant with the
required total side yard setback requirement.
4. This variance will not have a significant adverse physical or environmental effect on the
neighborhood or district. The property will meet district permeability requirement.
5. The alleged difficulty is considered self-created insofar as the applicant desires to build an addition
to their home. However,this is not necessarily fatal to the application.
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It so moved. 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
OV CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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