HomeMy WebLinkAbout20190861 Evert Residence NOD r CITY OF SARATOGA SPRINGS Keith Kaplan, Chair
vitj 0G4 Brad Gallagher, Vice Chair
11-'} * `. ZONING BOARD OF APPEALS Cheryl Grey
Christopher Mills
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Fsw Suzanne Morris
►14$P '101, CITY HALL-474 BROADWAY
SARATOGA SPRINGS,NEW YORK 12866 Gage Simpson
���* Chris Hemstead,alternatePH)5 I8-587-3550 FX)5 I8-580-9480
Kathleen O'Connor,alternate
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#20190861
IN THE MATTER OF THE APPEAL OF
Denise Evert
3 Haggerty Lane
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 3 Haggerty Lane in the City of
Saratoga Springs,New York being tax parcel number 192.12-1-17 on the Assessment Map of said City.
The appellant having applied for an area variance under the Zoning Ordinance of said City to permit the
construction of a house and an accessory building in a Suburban Residential (SR-2) District and public notice
having been duly 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 following area variance for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PROPOSED RELIEF REQUESTED
REQUIREMENT
MINIMUM YARD SETBACK-FRONT 30' 16.0' 14.0'OR 47%
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 lot is a pre-existing nonconforming SR-2 zoned lot. The proposed house is located to meet all setback
requirements and positioned to maintain the current access to the site from Haggerty lane. The proposed
detached garage will be built into the steep topography toward the front property line. The garage will act
as part of the necessary retaining wall needed for the steep topography and water runoff. Two alternatives
were considered, one did not eliminate the need for variance requests and the other did not allow for an
appropriate turning radius needed to park in the garage.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The applicant notes that other year-round
residents have similar structures and the majority of the proposed detached garage would be buried into
the existing topography,minimizing its visible impact on neighbors in all directions. Furthermore, the
proposed garage will feature a vegetated roof to maintain the current view from the adjacent properties
higher up in elevation.
3. The Board notes the requested variance is substantial,however the impact of the substantiality is
mitigated by the following: a) The proposed house and garage are typical size and square footage for this
area. b) The garage will be built into the topography thereby reducing the visual impact on the front yard
setback reduction from 30' to 16'.
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or
district. The proposed garage will not impact the existing infrastructure of the surrounding area. The
proposed garage will act as part of a retaining wall for the steep topography and will improve water
management on the property. The vegetated roof will reduce any impact for the current view from
adjacent properties higher up in elevation.
5. The alleged difficulty is considered self-created insofar as the applicant desires to build the accessory
structure. However, this is not necessarily fatal to the application.
Adopted by the following vote:
AYES: 6 (K. Kaplan, G. Simpson, B. Gallagher, C. Mills, S. Morris, C. Grey)
NAYE S: 0
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.