HomeMy WebLinkAbout20190605 Peyton Residence NOD r CITY OF SARATOGA SPRINGS Bill Moore, Chair
Keith Kaplan, Vice Chair
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*Si ZONING BOARD OF APPEALS Brad Gallagher,Secretary
Cheryl Grey
- F+ ; Jerry Luhn
► , r CITY HALL-474 BROADWAY Chris Hemstead
SARATOGA SPRINGS,NEW YORK 12866 Suzanne Morris
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Kathleen O'Connor,alternate
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ED
#20190516
IN THE MATTER OF THE APPEAL OF
Judy and Ken Peyton
55 Greenfield Ave
Saratoga Springs,New York 12866
from the determination of the Building Inspector involving the premises at 18 Shaw Drive in the City of
Saratoga Springs,New York being tax parcel number 178.52-1-29 in the Inside District, on the Assessment Map
of said City.
The Applicants having applied for an area variance under the Zoning Ordinance of said City to permit
finished/habitable space, specifically an artist's studio, within the second floor of an accessory garage structure
to the newly-constructed single-family residence at the above-stated address in a UR-2 District, and public
notice having been duly given of a hearing on said application held on the 22nd day of July 2019 and the 12th
day of August 2019.
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
DEFINITION OF ACCESSORY To INCLUDE FINISHED/HABITABLE To PERMIT
STRUCTURE(RESIDENTIAL) UNFINISHED/UNINHABITED SECOND STORY FINISHED/HABITAB
SPACE SPACE LE SECOND STORY
SPACE
As per the submitted plans or lesser dimensions,be approved for the following reasons:
1. The Applicants have demonstrated that this benefit cannot be achieved by other means feasible to them.
Specifically,they note that the primary residence floor space and lighting required for the Applicant's
work is unavailable, and that the second floor of the Peyton garage structure does, in fact,provide the
natural lighting and space required for her creative work. Significantly, in addition to a representation
asserted in their application to this Board that no kitchen will be installed in the garage,by a letter dated
July 23, 2019 and submitted by their attorney in this matter,the Applicants have withdrawn that part of
their request which would have sought permission to include a shower in the studio bathroom.
2. The Applicants have demonstrated that granting this variance will not create an undesirable change in
neighborhood character nor prove to be a detriment to nearby properties, in light of the fact that the
surrounding development community is new and their garage structure will exist in conformity with
surrounding residences. Further, the nature of the work to be conducted is contained to the structure and
therefore, is unlikely to prove disruptive or distracting to the Applicants' neighbors.
3. The Board finds this variance request to be substantial, in that it seeks the City's allowance of studio
space not contemplated by the governing Code. However,the type of studio activity contemplated by the
Applicants is contained as noted,which mitigates the impact of substantiality in this case.
4. This variance will not have significant adverse physical or environmental effect on the neighborhood or
district as the footprint and, indeed, the structural design will remain as originally conceived.
5. The alleged difficulty is self-created; the need for relief sought through this application to the Board is
evidence of that. However, for the ameliorating reasons advanced by the Applicants and favorably
recognized by the Board, this reality is not deemed fatal to the application.
Condition:
1. No kitchen facility.
2. No bathing facility.
3. No overnight stays to be permitted.
Adopted by the following vote:
AYES: 5 (B. Moore, K. Kaplan, S. Morris, J. Luhn, B. Gallagher)
NAYE S: 0
ABSTAINED: 1 (G. Simpson)
Dated: August 12,2019
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 240-8.5.1.
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.
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SIGNATURE: 00
4-s. 08/13/2019
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.