HomeMy WebLinkAbout20190863 Beyer Residence NOD
Keith Kaplan, Chair
C ITY OF S ARATOGA S PRINGS
Brad Gallagher, Vice Chair
Cheryl Grey
ZONING BOARD OF APPEALS
Christopher Mills
Suzanne Morris
C ITY H ALL - 474 B ROADWAY
Gage Simpson
S ARATOGA S PRINGS, N EW Y ORK 12866
Chris Hemstead, alternate
PH) 518-587-3550 FX) 518-580-9480
Kathleen O’Connor, alternate
WWW.SARATOGA-SPRINGS.ORG
#20190863
IN THE MATTER OF THE APPEAL OF
Donald Jeffrey Beyer
201 West Circular Street
Saratoga Springs, NY 12866
from the determination of the Building Inspector involving the premises at 201 W. Circular Street in the City of
Saratoga Springs, NY, being tax parcel number 165.73-2-46.2 on the Assessment Map of said City. The
Applicant having applied for an area variance to install an A/C Condenser, Heat Pump and Pool Pump and also
construct a landing and staircase at the existing residence in the UR-2 District and public notice having been
duly given of a hearing on said application September 16 and 23, 2019.
In consideration of the balance between the benefit to the Applicant with detriment to the health, safety and
welfare of the community, I move the following variance for the following amount of relief:
T YPE OF R EQUIREMENT D ISTRICT DIMENSIONAL P ROPOSED R ELIEF REQUESTED
REQUIREMENT
M AX. PRINCIPAL BUILDING COVERAGE: 30% 31% 1% (3%)
M IN. FRONT YARD SETBACK:
10’
A CCESSORY A /C COND. 8.5’ 1.5’ (15%)
M IN. FRONT YARD SETBACK,
10’ 9.7’ .3’ (3%)
A CCESSORY H EAT PUMP
M IN. FRONT SIDE SETBACK
5’ 4.7’ .3’ (6%)
A CCESSORY P OOL PUMP
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 states that the A/C unit and pump were located as close to the house as possible. The pool
pump was located as required for access to the pool. The staircase and landing is necessary to exit a side
doorway, increasing the principal building lot coverage to 31%. This area was kept to the minimum
required to be useable.
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 lot is a corner to an alley and requires
10’ of accessory distance to the units with the above distances available. The units do not impact any
neighbors and are placed nearest the mechanicals in the interior of the cellar. The pool pump is located
behind fencing and not visible to any neighbors.
3. The request for relief is not considered substantial at 3% for the staircase and landing as constructed for
the maximum principal building coverage. Setback allowances of 15%, 3%, 6% and 21% are not
considered substantial for the locations to the front and side setbacks. Previous variance was granted on
March 19, 2018 for accessory building coverage of 15%, however, the garage and pool coverage were
14.8% with the new pumps and condenser totaling .2%, keeping the accessories to the 15% allowable.
4. The Applicant has demonstrated that granting this variance will not have an adverse physical or
environmental effect on the neighborhood. Due to Saranac Alley being next to the location of all of the
units, there is substantial distance to the neighbor.
5. The request for relief is a self-created hardship. However, self-creation is not necessarily fatal to the
application.
Conditions:
1. No further accessory structures.
Adopted by the following vote:
AYES: 5 (K. Kaplan, C. Grey, G. Simpson, K. O’Connor, C. Mills)
NAYES: 0
Dated: September 23, 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.
S IGNATURE: _______________________________ 09/24/2019
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.