HomeMy WebLinkAbout20191013 Tobrocke 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
#20191013
IN THE MATTER OF THE APPEAL OF
Toby and Melissa Tobrocke
19 Bog Meadow Run
Saratoga Springs, NY 12866
from the determination of the Building Inspector involving the premises at 19 Bog Meadow Run in the City of
Saratoga Springs, New York being tax parcel number 154.-2-32 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 detached pool house for use as habitable space in a Rural Residential (RR) District and public
notice having been duly given of a hearing on said application held on the 18th day of November and 16th day
of December, 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:
T YPE OF R EQUIREMENT D ISTRICT DIMENSIONAL P ROPOSED R ELIEF REQUESTED
REQUIREMENT
F INISHED SPACE IN AN ACCESSORY N OT P ERMITTED P ERMITTED 100%
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 design reflects the smallest footprint to perform the desired function.
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 “granting the area
variance will make no visible change to the exterior of the already permitted accessory building”.
3. The Board notes the requested variance of 100% is substantial, however the impact of the substantiality is
mitigated by the fact that the structure will not contain cooking facilities and the applicant has noted that
they “have decided to exclude the range from our plans given the board’s concerns”. Additionally, the
proposed layout of the building is not heated or air conditioned, not easily convertible to a separate
dwelling unit, and is conditioned accordingly.
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or
district. The accessory structure is minor in size and approximately centered on the property, which
mitigates impact on neighbors.
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
Conditions:
1. No cooking facility or range
2. No overnight stays
3. No bathing facilities
Adopted by the following vote:
AYES: 5 (K. Kaplan, C. Mills, G. Simpson, B. Gallagher, M. Gutch)
NAYES: 1 (C. Grey)
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.