HomeMy WebLinkAbout20250454 126 West Ave Area Variance Extension ZO DenialZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: B & D PROPERTIES, LLC TAX PARCEL No.: 165.72-1-22.1
PROPERTY ADDRESS: 126 WEST AVENUE
ZONING DISTRICT: URBAN NEIGHBORHOOD (T-4) DISTRICT
This applicant has applied to use the identified property within the City of Saratoga Springs for the
following:
Area variance to permit the construction of a mixed -use development, including four
(4) townhouses, office space, and a studio apartment.
This application is hereby denied upon the grounds that such use of the property would violate the
Unified Development Ordinance article(s):
Article: 4 Section 4.1.3 Urban Neighborhood UN (T-4) District & Table 4-A — Residential- Mix Use
Districts Dimensional Standards.
As such, the following relief would be required to proceed:
xtension of existing variance ❑ Interpretation
❑ Advisory Opinion required from Saratoga County Planning Board
❑ Use Variance to permit the following:
Area Variance
Dimensional Requirements:
From:
To:
Relief Requested:
Min. Front Yard Setback:
12'
5'
7'
Min. Front Yard Setback to Awning:
6'
0'
6'
Parking -Side Yard Setback — North Side:
12'
5'
7'
Parking -Side Yard Setback — East Side:
12'
9'
3'
NOTE:
21 FA
ZONING AND BUILDING INSPECTOR DATE
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
o CITY HALL — 474 BROADWAY
!y g SARATOGA SPRINGS, NEW YORK 12866
C��pCRASED `3 518-587-3550
W W W.SARATOGA—SPRINGS.ORG
#20220087
IN THE 11IATTER OF THE APPEAL OF
B&D Properties
2603 Guilderland Avenue
Schenectady, NY 12306
Gage Simpson, Chair
Brad Gallagher, Vice Chair
Emily Bergmann
Justin Farrington
Cheryl Grey
Matthew Gutch
Brendan Dailey
John Daley, Alternate
Alice Smith. Alternate
from the determination of the Building Inspector involving the premises at 126 West Avenue in the City
of Saratoga Springs, New York being tax parcel number 165.72-1-22.1 on the Assessment Map of said
City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit
new construction of an office building and townhomes in T-4 District and public notice having been duly
given of a hearing on application held on March 14 through to July 25, 2022.
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 REQUIREMENT
PROPOSED
RELIEF REQUESTED
MIN. FRONT YARD
12'
5'
7' (58.3%)
SETBACK
MINIMUM FRONT YARD
6'
0'
6' (100%)
SETBACK— TO AWNING
PARKING IN SIDE YARD
12'
5'
7' (58.3%)
SETBACK- NORTH SIDE
PARKING IN SIDE YARD
12'
9'
3' (25%)
SETBACK —EAST SIDE
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 is proposing to demolish an existing building on this property and build new
construction of an office building (with a studio apartment) and attached townhomes. Due to the
right of way on the corner of West and Grand Avenue, a substantial part of what appears to be the
lot is not buildable. The city was approached and is not interested in selling the right of way property
on either West or Grand Avenues. The applicant states that in order to create the building both the
townhomes and awning on the front door of the office need to be built as close to West Avenue as
possible. The Board notes that the buildings in the neighborhood have been built closer to the street
than this applicant has projected. The applicant is also required to have enough parking on the
property for all of the uses and has provided information to the Board regarding the turning radiuses
required for all parking on the property, including into attached garages. The parking required
necessitates the setbacks for parking to the side setbacks. The applicant did approach the neighboring
property for any shared driveway possibilities, but they were not interested.
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 has been vacant for many
years and prior to the vacancy was commercial property with parking on the property. The proposed
buildings will be in keeping with the new construction that has been occurring over the last decade,
including apartments across the street and commercial/retail on the east side of West Avenue.
3. Although the variances are substantial, this is due to the fact that there is a very large right of way
forcing the setback requests stated above.
4_ The Board finds this variance will not have an adverse physical or environmental effect on the
neighborhood. The buildings will be constructed to reflect newer buildings on West Avenue.
Permeability requirements will meet district requirements.
5. The alleged difficulty is self-created insofar as the applicant's desire to construct the proposed
addition, but this is not necessarily fatal to the application.
Conditions:
The application needs DRC Review and Site Plan approval from the Planning Board_
Note: The Board recommends appropriate light filtering methods to prevent light pollution in the
neighboring residential lot.
It is so moved.
Dated: July 25, 2022
It so moved, dated July 25, 2022
Adopted by the following vote:
AYES: 5 (G. Simpson, C. Grey, E. Bergmann, J Farrington, A. Smith,}
NAYES: 1 (B. Dailey)
Dated: July 25, 2022
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.L.
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, six members of the Board
being present.
SIGNATURE: 07/27/2022
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: B & D PROPERTIES, LLC TAX PARCEL NO.: 165.72-1-22.1
PROPERTY ADDRESS: 1 26 WEST AVENUE
ZONING DISTRICT: TRANSECT 4 (T-4) DISTRICT
This applicant has applied to use the identified property within the City of Saratoga Springs for the
following:
Area variance to permit the construction of a mixed -use development includinq Four (4)
townhouses. office space, and a studio apartment within the Transect-4 (T-4) District.
This application is hereby denied upon the grounds that such use of the property would violate the
City Zoning Ordinance article(s):
240-2.3 3 Table 3. As such, the following relief would be required to proceed:
❑ Extension of existing variance ❑ Interpretation
❑ Use Variance to permit the following:.
ERI Area Variance seeking the following relief:
Dimensional Requirements
From To
Min Front Setback: 12ft 5ft
Min Front Setback awning (per chapter 240 section 3.1.3C 1) 6ft Oft
Min Side yard- Parking within Setback (NORTH) 12ft 5ft
Min Side Yard- Parking within Setback (EAST) 12ft 9ft
Note:
❑ Advisory Opinion required from Saratoga County Planning Board
3/10/2022
ZONING AND BUILDING INSPECTOR
DATE