HomeMy WebLinkAbout20191195 Feguson 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
Kathleen O’Connor, alternate
WWW.SARATOGA-SPRINGS.ORG
#20191195
IN THE MATTER OF THE APPEAL OF
Myron & Linda Ferguson
7394 Wileytown Rd
Middle Grove, NY 12850
from the determination of the Building Inspector involving the premises at 280 W. Circular Street in the City of
Saratoga Springs, New York being tax parcel number 165.18-3-23, 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 single-family residence on existing lot, in UR-2 District and public notice having been duly
given of a hearing on said application held on the 6th of January through the 27th day of January 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 variance for the following amount of relief:
T YPE OF R EQUIREMENT D ISTRICT DIMENSIONAL P ROPOSED R ELIEF REQUESTED
REQUIREMENT
M AXIMUM P RINCIPAL B UILDING 30% 40% 10% OR 33.3% R ELIEF
C OVERAGE
M INIMUM A VERAGE W IDTH 60’ 50’ 10’ OR 16.7%
T OTAL S IDE Y ARD S ETBACK 20’ 17’ 3’ OR 15%
As per the submitted plans and documents 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 noted that alternative designs were contemplated, but they would result in less functional
living space.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The proposed dwelling is seen as an
improvement and more in line with the neighborhood over the previous mobile home that existed.
3. The Board finds the variance with regard to the maximum principal building coverage to be substantial on
a percentage basis; however, the Board notes that the lot is undersized which mitigates the substantiality
in this case. With regards to the minimum average lot width and total side yard setback, the Board does
not find either of those to be substantial.
4. These variances will not have significant adverse physical or environmental effect on the neighborhood or
district.
5. The alleged difficulty is self-created insofar as the applicant desires to construct a new dwelling but this is
not necessarily fatal to the application.
Conditions:
1. No further accessory structures are permitted.
Adopted by the following vote:
AYES: 4 (K. Kaplan, C. Mills, M. Gutch, S. Morris)
NAYES: 0
Dated: January 27, 2020
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: _______________________________ 1/29/2020
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.