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HomeMy WebLinkAbout20191083 O'Connor 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 #20191083 IN THE MATTER OF THE APPEAL OF Andy & Eileen O’Connor 122 Madison Street Saratoga Springs, NY 12866 from a determination of the Building Inspector involving the premises located at 122 Madison Street in the City of Saratoga Springs, New York, tax parcel number 179.29-1-33.11 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 construction of additions to an existing single family residence including a second story addition, front porch, and rear deck in the Urban Residential - 2 (UR-2) District and public notice having been duly given of hearings on said application held on December 16, 2019 and January 6, 2020. 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 M INIMUM S IDE Y ARD S ETBACK 8.0 FT. 6.5 FT. 1.5 FT. (19%) As per the submitted plans and documents 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 Applicant demonstrated that the existing carport and attached shed have a negative setback of approximately 4.6 feet. The Applicant desires to remove the carport and shed, which will improve the encroachment into the setback, but not eliminate it as the existing foundation of the principal residence will remain within the setback. The Applicant desires to construct a second story addition directly above the existing residence, which will utilize the current foundation. Accordingly, the Board finds that the Applicant has demonstrated that the utilization of the existing foundation is the most feasible means of maintaining the existing single family residence and achieving the desired second story addition. 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. The Board finds that the Applicant has demonstrated that the proposed alterations will bring the residence into scale with other existing residences in the neighborhood. Moreover, by eliminating the negative setback by removing the carport and shed, the Applicant will be providing a benefit to the adjacent property. 3. The Board finds the relief requested is substantial, but the Board finds this is mitigated by the fact that the majority of the requested relief is because of the 12 inch overhang. The Board finds that maintaining the overhang will provide uniformity with the existing structure and will improve the existing encroachment into the side yard setback. 4. The Board finds that the variances will not have significant adverse physical or environmental effect on the neighborhood or district. The Applicant has demonstrated runoff and drainage will not affect adjacent properties. 5. The alleged difficulty is self-created insofar as the Applicant seeks to construct a second story above the existing residence and a small addition; however, this is not fatal to the application as the Board finds that the removal of the negative side yard setback will improve the existing conditions. Conditions: 1. Conditioned upon merger of lot parcel numbers 179.29-1-33.11 and 179.29-1-33.21 prior to issuance of the any building permit. Adopted by the following vote: AYES: 6 (K. Kaplan, G. Simpson, B. Gallagher, M. Gutch, C. Grey, S. Morris) NAYES: 0 Dated: January 6, 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: _______________________________ 1/07/2020 C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.