HomeMy WebLinkAbout20190849 Oplinger Residence NOD
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
CITY HALL - 474 BROADWAY
SARATOGA SPRINGS, NEW YORK 12866
PH) 518-587-3550 FX) 518-580-9480
WWW.SARATOGA-SPRINGS.ORG
Keith Kaplan, Chair
Brad Gallagher, Vice Chair
Cheryl Grey
Matthew Gutch
Christopher Mills
Suzanne Morris
Gage Simpson
Chris Hemstead, alternate
Kathleen O’Connor, alternate
#20190849
IN THE MATTER OF THE APPEAL OF
Samuel and Lauren Oplinger
28 Bog Meadow Run
Saratoga Springs, NY 12866
from the Building Inspector’s determination involving a carport at a single family residence at 28 Bog Meadow
Run, in the City of Saratoga Springs, New York, being Tax Parcel 154.-2-28 on the assessment map of said
City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit the existing
constructed carport in the RR District and public notice having been duly given of a hearing on said application
held on November 18 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 variance for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT DIMENSIONAL
REQUIREMENT
EXISTING PROPOSED RELIEF REQUESTED
SIDE YARD SETBACK, ACCESSORY
STRUCTURE
30FT. 5FT. 5FT. 25FT. (83.3%)
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 applicant wants to retain a carport constructed prior to this applicant’s purchase of the home. Since
the carport has been in existence since 2002, the applicant does not believe it is obstructing any neighbor’s
access to their own property. The applicant has estimated the economic and logistic infeasibility of
locating the carport structure elsewhere on the property.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in the
neighborhood character or detriment to nearby properties. The applicant stated that the carport had been
constructed by the previous owner and actually provides privacy between their property and the nearest
neighbor.
3. The relief requested may be considered substantial at 83.3%. However, the applicant has indicated that
the carport cannot be located any further away from the property line.
4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on
the neighborhood. The carport had been built in 2002 and no changes will be made to the structure; as
noted per the condition below.
5. The difficulty may be considered self-created. However, this is not necessarily fatal to the applicant.
Conditions:
1. No further alterations, additions, or improvements of any kind other than ordinary maintenance or
repair shall be made to the carport structure.
Adopted by the following vote:
AYES: 6 (K. Kaplan, C. Mills, G. Simpson, B. Gallagher, M. Gutch, C. Grey)
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.
SIGNATURE: _______________________________ 12/18/2019
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.