HomeMy WebLinkAbout20190928 Justin 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
#20190928
IN THE MATTER OF THE APPEAL OF
Alan Justin
18 Nelson Avenue
Saratoga Springs, NY 12866
From a determination of the Building Inspector involving the premises located at 18 Nelson Avenue in the City
of Saratoga Springs, New York, tax parcel number 179.-2-5 on the Assessment Map, of said City.
The Applicant having applied for an area variance under the Zoning Ordinance of said City to permit a dwelling
unit as constructed in an accessory structure in a Rural Residential (RR) District and public notice having been
duly given of hearings on said application held on October 29, 2019 through December 16, 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 variances for the following amount of relief:
T YPE OF R EQUIREMENT D ISTRICT DIMENSIONAL P ROPOSED R ELIEF REQUESTED
REQUIREMENT
T OTAL S IDE Y ARD S ETBACK 100 FT. 95.1 FT. 4.9 FT. (4.9%)
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The Board finds the Applicant demonstrated the benefit sought cannot be achieved by other means
feasible to the Applicant. The dwelling unit has existed on the property since the 1980s, according to the
Applicant. According to the Applicant, there has been no additional construction in the interior since that
time.
2. The Board finds the Applicant demonstrated that granting this variance will not create an undesirable
change in neighborhood character or detriment to nearby properties. Again, according to the Applicant,
the structure has existed on the property since the 1980s. The property is densely wooded. Other adjacent
properties have similar structures.
3. The Board finds the relief requested of 4.9 feet or 4.9% is not considered substantial. Moreover, the
accessory structure has existed in its present state since the 1980s.
4. The Board finds that the variances will not have significant an adverse physical or environmental effect on
the neighborhood or district. The dwelling unit is contained within an existing accessory structure and has
been used in that manner since the 1980s.
5. The alleged difficulty was self-created insofar as the applicants constructed the separate dwelling unit;
however this is not necessarily fatal to the application.
Adopted by the following vote:
AYES: 6 (K. Kaplan, G. Simpson, C. Mills, C. Grey, B. Gallagher, M. Gutch)
NAYES: 0
Dated: December 16, 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: _______________________________ 12/17/2019
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.