HomeMy WebLinkAbout20190171 Agius Subdivision NOD 0 G4 CITY OF SARATOGA SPRINGS Bill Moore, Chair
Keith Kaplan, Vice Chair
} `. ZONING BOARD OF APPEALS Brad Gallagher,Secretary
; I Cheryl Grey
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x, r CITY HALL-474 BROADWAY Jerry Luhn
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SARATOGA SPRINGS,NEW YORK 12866 Suzanne Morris
`- ' , Gage Simpson
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/COR ,\B'`' VVWW.SARATOGA-SPRINGS.ORG Chris Hemstead,alternate
FORAT O Kathleen O'Connor,alternate
#20190171
IN THE MATTER OF THE APPEAL OF
James and Patricia Agius
712 Route 9P
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the parcels at 7, 9, and 11 Tomahawk Lane in the
City of Saratoga Springs, New York being tax parcels number 192.12-1-36 and 192.12-1-53, in a Suburban
Residential-2 district on the Assessment Map of said City.
The appellant having applied for an area variance under the Zoning Ordinance of said City to permit a
subdivision and lot line adjustments between these two current parcels to create three parcels and allow all
improvements on the properties to be sited properly within boundary lines and public notice having been duly
given of a hearing on said application held on the 3rd day of June 2019 through the 12th day of August 2019.
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 variances for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF
DIMENSIONAL REQUESTED
REQUIREMENT
MINIMUM REAR YARD SETBACK: LOT I 30' 12.2' 17.8'OR 59.3%
MINIMUM SIDE YARD SETBACK: LOT I 12' 6.7' 5.3'OR 44.2%
MINIMUM AVERAGE LOT WIDTH: LOT 2 100' 98' 2'OR 2%
MINIMUM FRONT YARD SETBACK: LOT 2 30' 20.2' 9.8'OR 32.7%
MINIMUM REAR YARD SETBACK: LOT 2 30' 15.8' 14.2'OR47.3%
MINIMUM AVERAGE LOT WIDTH: LOT 3 100' 67' 33'OR 33%
MINIMUM SETBACK TO PATIO: LOT 3 10' 0' 10'OR 100%
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 Board notes that the current configuration of the two parcels result in one parcel containing two
principal residences, and the square footage of the lots are large enough to allow for three SR-2 lots of
20,000 SF each. Given that configuration, lot width relief on both Lots 2 and 3 is required in order for the
applicant to create three lots that each contain a single family residence. Given that these three
residences already exist, further relief is required on Lots 1 and 2 for setback encroachment.
Additionally, an existing patio that straddles a property line between Lot 3 and a neighboring parcel
requires full setback relief to the property line.
Given these existing conditions,the Board finds a lack of feasible alternatives in order for the applicant
to achieve the goal of siting the three houses on individual lots. The Board notes the shape that the
Applicant's proposal created in splitting the lots into these pieces, was made in a manner that precluded
the need for further lot size variances.
Finally, as noted by the applicant,the proposal avoids the problematic situation of requiring a zoning
variance for two principal residences on one parcel.
2. The applicants have demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The applicants note that the proposed new
boundary and lot configuration will have no actual change to the buildings themselves and no new
residential structures shall be created. Furthermore, as noted by the applicants, "The tight residential
nature of this neighborhood already existed when the(Hudson Valley Railway Company)Railroad
created the 1923 subdivision map."
See conditions below.
3. The Board notes several of the requested setback variances are substantial,however the impact of the
substantiality is mitigated by the fact that the lot sizes do meet district requirements, as well as the pre-
existing positioning of the house,which will not change as a result of this proposal.
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or
district. The Board notes that the re-drawing of the lot lines will not change density or decrease spacing
between buildings beyond current amounts. The Board further notes that sewage connections are in place
for all three residences.
5. These areas of relief are self-created insofar as the applicants desire to subdivide these parcels,but that
by itself is not fatal to the application.
Conditions:
1. Setback variances are limited to structures existing as of date below, due to view and siting potential
impact on neighbors in the lakeside area. Any replacement of or addition to existing structures will
require further variance.
2. Sheds to be moved as per applicant.
3. Encroachments to be removed as stated by applicant.
Notes:
1. Planning Board approval needed for subdivision.
2. Building permit needed for residence over garage, currently on proposed Lot 1.
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: " L...,.
_ 08/13/2019
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.