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HomeMy WebLinkAbout20191050 Young & Kendsersky 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 #20191050 IN THE MATTER OF THE APPEAL OF Barbara Young/George Kendsersky 2 Elks Lane Saratoga Springs, NY 12866 from the determination of the Building Inspector involving the premises at 2 Elks Lane in the City of Saratoga Springs, New York being tax parcel number 153.2-4 in the UR2 district, on the Assessment Map of said City. The appellant having applied for an area variance for relief from the number of principal structures and minimum average lot width requirements under the Zoning Ordinance of said City to permit the maintenance of a dwelling unit as constructed in an accessory structure in a UR2 District and public notice having been duly given of a hearing on said application held on the 18th day of November through the 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 M INIMUM A VERAGE L OT W IDTH 120FT. 100FT 20FT OR 16.7% N UMBER OF P RINCIPAL S TRUCTURES 1 2 100% 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 applicants. The building and apartment pre-existed the purchase of the property by its current owners. The current owner indicated that they were not aware of the violation at the time of purchase and became aware in August 2019 via a letter from the Assistant Building Inspector of the City. The current owners note that they have made improvements and investments in the property since the purchase and have stated that removing the second structure would significantly diminish its value. 2. The applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The structure has existed on the property for at least 14 years and for the 12 years since it was purchased by the current owners. Allowing the structure to remain there will not result in a change to the neighborhood or detriment to nearby properties. In addition, the commercial context of the neighborhood and remote location of the lot minimizes the impact. 3. The Board finds this variance to be substantial at 100% but this is not necessarily fatal to the application, given the circumstances. The large size of the lot can accommodate the density of the second principal structure in conformance with the Comprehensive Plan. 4. This variance will not have significant adverse physical or environmental effect on the neighborhood or district. The structure has existed on the property and within the setbacks of the zoning district for more than a decade and, by remaining there, will not have any effect on the neighborhood or district. 5. The alleged difficulty is self-created insofar as the applicant desires to maintain the second principal structure on the property but this is mitigated by the fact that the violation predates the owner’s purchase of the property and was not discovered during a title search prior to purchase. 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.