HomeMy WebLinkAbout20240724 74 Fifth Avenue NOD �TOG,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
c0RpORA f�4 ��1h SARATOGA SPRINGS,NEW YORK 12866
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
20240724
IN THE MATTER OF THE APPEAL OF
FiveForTheFarm LLC
74 Fifth Avenue
Saratoga Springs NY 12866
From the determination of the Building Inspector involving the premises at 74 Fifth Avenue in the City
of Saratoga Springs,New York being tax parcel number 166.13-2-28 on the Assessment Map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to demolish
and replace an existing single family home in the Urban Residential -1 (UR-1) District and public notice
having been duly given of a hearing on said application held on the 23rd of September 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 DIMENSIONAL PROPOSED RELIEF REQUESTED
REQUIREMENT
Rear yard setback 30 FT 24 FT 6 FT OR 20%
Front yard setback 30 FT 19 FT 11 FT OR 36.7%
Side yard setback East 12 FT 10 FT 2 FT OR 16.7%
Total side yard setback 30 FT 1 23 FT 7 FT OR 23.3%
Maximum building coverage 28% 34% 6% OR 21.4%
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 wishes to demolish and reconstruct a new residence. The lot is undersized for
the UR-1 District at 7,500 sq ft vs 12,500 sq ft minimum. It is bounded by single family homes on the
east and west and the Oklahoma Track on the south, with no additional land available for purchase.
The proposed relief reduces nonconformance for the front yard setback compared to existing structure,
rear setback compared to previously approved variance 420221007, east setback and total side yard
setback compared to existing structure and previously approved variance.
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 structure is similar in
coverage and dimensions to neighboring homes. The applicant provided comps with similar coverage
and dimensions.
3. The Board finds the requested front yard relief to be substantial but notes the proposed structure will
be in a similar footprint to existing structure and the relief will not increase the nonconformity.
4. The Board finds this variance will not have an adverse physical or environmental effect on the
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neighborhood. Permeability requirements will meet district requirements.
5. The alleged difficulty is self-created insofar as the applicant desires to construct a new residence, but
this is not necessarily fatal to the application.
It is so moved. Dated: September 23, 2024
Passes by the following votes:
AYES: 7 (G. Simpson, B. Gallagher, B. Dailey, J. Cohen, C. LaPointe, O.
Maxwell, S. Gaston)
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: 09/24/2024
OV CHAIR DATE RECEIVED BY
ACCOUNTS DEPT.
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