HomeMy WebLinkAbout20190786 Fleming 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
Daniel and Jessica Fleming
75 Ludlow St
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 75 Ludlow St. in the City of Saratoga
Springs, New York being tax parcel number 166.61-2-12 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 additions to a single-family residence in a UR-3 District and public notice having been duly
given of a hearing on said application held on the 16th day of September through the 18th day of November
2019.
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 variances for the following amounts of relief:
T YPE OF R EQUIREMENT D ISTRICT DIMENSIONAL P ROPOSED R ELIEF REQUESTED
REQUIREMENT
M INIMUM F RONT Y ARD S ETBACK 10’ 9.25’ 0.75’ OR 7.5% RELIEF
M INIMUM S IDE Y ARD S ETBACK 4’ 3.9’ 0.1’ OR 2.5% RELIEF
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the applicant.
For the side yard setback variance, the applicants note a pre-existing condition caused by the positioning
of the existing house on the property, given the kitchen portion of the addition extends along an existing
wall. For the front yard variance, the Board notes that the lot is a corner lot, causing the Caroline St side to
be evaluated as a front yard.
2. The applicants have demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The Board notes the two setback areas of relief
are minor and not visually impactful.
3. The Board finds the two setback variances to be insubstantial in terms of relief required relative to district
requirements.
4. These variances will not have significant adverse physical or environmental effect on the neighborhood or
district. The lot’s permeability will well exceed permeability requirements and, as noted above, the
variances are minor.
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.
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.