HomeMy WebLinkAbout20190840 Abney Residence NOD r CITY OF SARATOGA SPRINGS Keith Kaplan, Chair
vitj 0G4 Brad Gallagher, Vice Chair
} *Si `.� ZONING BOARD OF APPEALS Cheryl Grey
.' A Christopher Mills
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,. s w Suzanne Morris
► -x, r"T CITY HALL-474 BROADWAY
l SARATOGA SPRINGS,NEW YORK 12866 Gage Simpson
`- 7'—a��� Chris Hemstead,alternate
' PH)5 I8-587-3550 FX)5 I8-580-9480
Kathleen O'Connor,alternate
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#20190840
IN THE MATTER OF THE APPEAL OF
Karen Abney &Robert Rembish
118 Middle Ave
Saratoga Springs, NY 12866
from the determination of the Building Inspector involving the premises at 118 Middle Ave, in the City of
Saratoga Springs,New York being Section 166.45, Block 3, Lot 37, on the Assessment Map of said City.
The appellants having applied for an area variance under the Zoning Ordinance of said City, to permit the
construction of finished and habitable space within an accessory structure in an Urban Residential-3 District and
public notice having been given of a hearing on said application held on the 23rd day of September and 7th day
of October 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 requested area variance for the following relief:
TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PROPOSED RELIEF REQUESTED
REQUIREMENT
FINISHED AND HABITABLE SPACE IN AN NOT PERMITTED 100% COMPLETE RELIEF
ACCESSORY STRUCTURE
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 notes that there are no feasible alternatives on the site and that there is no other available
space in the existing principal residence that could be converted into aquarium space.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The proposal to convert a portion of an existing
accessory structure into habitable space is interior only. Conditions will accompany this resolution to
limit use of the space to preclude a second dwelling unit and therefore limit the impact on the
neighborhood and district. Additionally,per the applicant,there will only be windows facing the house,
and none facing neighbors. Finally,the proposed accessory structure will be located further from the
property line than the existing detached garage,which encroaches over the eastern side setback.
3. The Board notes this variance is substantial insofar as it is asking for complete relief;however,the
habitable space variance's substantiality has been mitigated by the conditions, see below.
4. This variance will not have adverse physical or environmental effect on the neighborhood or district.No
physical changes to footprint of structures or to permeable surfaces have been made in order to include
habitable space in the accessory structure. Per the applicant,the proposed aquarium usage will not
produce noise or odors.
5. The alleged difficulty is self-created due the applicants' desire to build habitable space in the accessory
structure; this is not necessarily fatal to the application.
Conditions:
1. No bathing facilities. Utility sink is permitted.
2. No kitchen facilities.
3. No overnight stays.
Adopted by the following vote:
AYES: 5 (K. Kaplan, G. Simpson, B. Gallagher, C. Mills, S. Morris)
NAYE S: 1 (C. Grey
Dated: October 7, 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.
SIGNATURE: 10/08/2019
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.