HomeMy WebLinkAbout20190880 SJK Properties Residence NOD
Keith Kaplan, Chair
C ITY OF S ARATOGA S PRINGS
Brad Gallagher, Vice Chair
Cheryl Grey
ZONING BOARD OF APPEALS
Matthew Gutch
Christopher Mills
C ITY H ALL - 474 B ROADWAY
Suzanne Morris
S ARATOGA S PRINGS, N EW Y ORK 12866
Gage Simpson
PH) 518-587-3550 FX) 518-580-9480
Chris Hemstead, alternate
WWW.SARATOGA-SPRINGS.ORG
Kathleen O’Connor, alternate
#20190880
IN THE MATTER OF THE APPEAL OF
SJK Properties
87 Chestnut Street
Boston, MA 02108
from the determination of the Zoning and Building Inspector involving the premises at 78 Mitchell
Street, in the City of Saratoga Springs, New York being tax parcel number 166.70-1-13 on the
assessment map of said City.
The applicant having applied for an area variance to finish a detached accessory structure as habitable
space, seeking relief to permit habitable/finished space in an accessory structure in a UR-3 District and
public notice having been duly given of a hearing on said application held on September 23, October 7
and 28, and November 18, 2019.
In consideration of the balance between the benefit to the applicant with detriment to the health, safety
and welfare of the community, the Board moves that the following variance for the following amount
of relief:
T YPE OF R EQUIREMENT D ISTRICT DIMENSIONAL P ROPOSED R ELIEF REQUESTED
REQUIREMENT
P ERMIT FINISHED/HABITABLE SPACE N OT PERMITTED P ERMITTED 100%
IN AN 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 central reason for the application is to construct finished space in the accessory building, primarily to
facilitate entertaining during the summer season. The applicant has demonstrated that the there is a need
to provide entertainment space outside of the primary residential structure.
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 applicant has noted that the primary
use of the accessory building and property will be seasonally at the peak of the busy track season.
3. The Board notes that the request for finished space in an accessory building is considered substantial at
100%, however, the substantiality has been mitigated by the conditions, see below.
4. This variance will not have an adverse physical or environmental effect on the neighborhood or district.
The size and location of the structure on the site are within the requirements of the district for an
accessory structure.
5. The alleged difficulty is self-created insofar as the applicants desire to construct the additions, but this is
not necessarily fatal to the application.
Conditions:
1. Cannot be used for commercial events, ie. Third party rentals.
2. No cooking facilities shall be permitted. Prohibited cooking facilities shall include but not be limited to
stove, range, cooktop, and oven. However, a warming drawer is permissible.
3. No Bathing facilities.
4. No overnight stays.
Adopted by the following vote:
AYES: 6 (K. Kaplan, G. Simpson, C. Mills, S. Morris, B. Gallagher, M. Gutch)
NAYES: 0
Dated: November 18, 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: _______________________________ 11/20/2019
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.