HomeMy WebLinkAbout20190937 Moldovan Residence NOD r CITY OF SARATOGA SPRINGS Keith Kaplan, Chair
vitj 0G4 Brad Gallagher, Vice Chair
} * `. ZONING BOARD OF APPEALS Cheryl Grey
�; Matthew Gutch
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Christopher Christopher Mills
► x, CITY HALL-474 BROADWAY
SARATOGA SPRINGS,NEW YORK 12866 Suzanne Morris
���� Gage Simpson
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,'\`' VVWW.SARATOGA-SPRINGS.ORG Chris Hemstead,alternate
Kathleen O'Connor,alternate
#20190937
IN THE MATTER OF THE APPEAL OF
Rita Moldovan
32 Casino Drive
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 32 Casino Drive in the City of
Saratoga Springs,New York being tax parcel number 177.20-4-16 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
expansion of the front entry area in an Urban Residential— 1 (UR-1) District and public notice having been duly
given of a hearing on said application held on the 7th and 28th days 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' 18.0' 12.0' or 40%
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 setback variance is for front yard dimensions to the main entry of the house.No additional land is
available for purchase, and the entry cannot be relocated due to the nature of the raised ranch style of the
house.
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 the new front stoop
will be approximately 4 feet closer to the road than what currently exists. However, the new stoop will be
located well within the side yard setbacks, and the applicant notes that it will not have undesirable visual
or physical impact on any of the other three houses on the cul-de-sac.
3. The Board notes the requested variance of 40%is substantial,however the impact of the substantiality is
mitigated by the following: a)The front yard setback to the current concrete stoop is pre-existing/non-
conforming at 22 feet(27%). The new front stoop is requesting 18 feet for the front yard setback which is
only an additional 4 feet(13%). (b)The variance being requested is for an 8 feet wide front stoop and
entry. This is a minor addition in comparison to the mass and scale of the whole house.
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or
district. The addition is centered on the house, and the location limits the potential for runoff to affect
neighbors. The overall coverage of the house with the proposed addition is 9.6% (well under the 20%
maximum) and the permeability of the site will be 83% (well over the 30%minimum).
5. The alleged difficulty is considered self-created insofar as the applicant desires to build the addition.
However,this is not necessarily fatal to the application.
Adopted by the following vote:
AYES: 4 (K. Kaplan, G. Simpson, C. Grey, M. Gutch)
NAYE S: 0
Dated: October 28, 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: 10/29/2019
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.