HomeMy WebLinkAbout20240649 93 Fifth Ave 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
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c0RpORA f�4 ��1h SARATOGA SPRINGS,NEW YORK 12866
518-587-3550
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#20240649
IN THE MATTER OF THE APPEAL OF
Richard& Stephanie Bechguenturian
93 Fifth Ave
Saratoga Springs,NY 12866
from the determination of the Building Inspector involving the premises at 93 Fifth Ave in the City of
Saratoga Springs,New York being tax parcel number 166.14-1-32 on the Assessment Map of said City.
The applicants having applied for an area variance under the UDO of said City to permit the construction
of an addition to a 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 9th and 23rd days 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 PROPOSED RELIEF
REQUIREMENT REQUESTED
SETBACK INTERIOR SIDE 12' 9' 3' 25%
SETBACK TOTAL SIDE 30' 21' 9' 30%
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. 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 in scale and materials. The applicants provided neighborhood
comparable with similar setbacks.
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 and the discussion
above.
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 addition will
have minimal impact to the neighboring property. The property will meet minimum permeability.
5. The alleged difficulty is considered self-created insofar as the applicants desire to add an addition
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to their house. However,this is not necessarily fatal to the application.
Note: The applicant plans to incorporate water runoff mitigation measures to reduce potential adverse
effects from excess storm water.
Dated: September 23, 2024
Passes by the following votes:
AYES: 6 (G. Simpson, B. Gallagher, B. Dailey, J. Cohen, C. LaPointe, O.
Maxwell)
RECUSED:
NAYES: 1 (S. Gaston)
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.
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SIGNATURE: 09/24/2024
CHAIR DATE RECEIVED BY
ACCOUNTS DEPT.
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