HomeMy WebLinkAbout20240932 16 Marion Final Subdivision ZBA NOD0c4 ,5, CITY OF SARATOGA
SPRINGS
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ZONING BOARD OF APPEALS
i CITY HALL - 474 BROADWAY
a,��5r.o SARATOGA SPRINGS, NEW YORK 12866 ,�
518-587-3550
W W W. SARATOGA-SPRINGS.ORG
20240196
IN THE MATTER OF THE APPEAL OF
Allen Tanner
26 Van Slyke Ave
Scotia NY 12303
Gage Simpson,Chair
Brad Gallagher, Vice Chair
Shafer Gaston
Brendan Dailey
Jonah Cohen
Otis Maxwell
Chris LaPointe
Robert West (Alternate)
Chris Maslack (Alternate)
from the determination of the Building Inspector involving the premises at 16 Marion Ave in the City of Saratoga
Springs, New York being tax parcel number 153.17-1-8 on the Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to subdividing the lot into 16 Marion
Ave and 2 Avenue A, each with a single principal structure, in the Urban Residential-2 District and public notice
having been duly given of a hearing on said application held between May 20th and June 10`h, 2024.
In consideration of the balance between benefit to the applicants with detriment to the health, safety and welfare of
the communitv. I move that the following area variance for the following amount of relief:
Type of Requirement
District
Proposed
Relief requested
dimensional
requirement
(LOT 1) Front Setback
10 ft
3.7 ft
6.3 ft (63.0%)
(LOT 2) Rear Setback
25 ft
3.7 ft
21.3 ft (85.2%)
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. Per
the applicant, these are pre-existing structures that share a single non -conforming lot. In order to successfully
divide the lot, each with a single principal structure, area variances will be required. Per the applicant, no
additional adjacent land is available to purchase.
2. The applicant has demonstrated that granting this variance will not produce an undesirable change in
neighborhood character or detriment to the nearby properties. The structures are pre-existing, and the use will
not change. The City Planning Board issued a favorable advisory and recommended an alternate configuration
of the lots that resulted in less relief. The applicant decided to this configuration was amicable.
3. The variances requested are considered substantial but this is mitigated by the applicant's intention to reduce
the magnitude of non-conformance that exists to bring the new lots more into compliance with district
regulations.
4. The Board rinds this variance will not have an adverse physical or environmental effect on the
neighborhood. District permeability requirements will be met. The board conducted uncoordinated SEQR
Review and found on a Negative Declaration at the regular meeting held on June 10`h, 2024
Page 1 of 2
5. The alleged difficulty is self-created insofar as the applicants' desire to subdivide the parcel with pre-existing
structures, but this is not necessarily fatal to the application.
It is so moved. Dated: June 10, 2024
Passes by the following votes:
AYES: 7 (B. Gallagher G. Simpson, S. Gaston, O. Maxwell, C. LaPointe, B. Dailey, J. Cohan)
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: 4V
o CHAIR
DEPT.
Page 2 of 2
06/13/2024
DATE RECEIVED
ACCOUNTS