HomeMy WebLinkAbout20191085 Black 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
#20191085
IN THE MATTER OF THE APPEAL OF
Gillian Black
94 York Avenue
Saratoga Springs NY 12866
In the matter of the appeal from the Building Inspector’s determination to construct a new detached garage at an
existing single-family residence at 94 York Avenue, in the City of Saratoga Springs, New York, being Tax
Parcel 166.45-3-23 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 a two-car garage to the existing residence in a UR-3 District and public notice having been duly
given of a hearing on said application held on December 16, 2019 and January 6 and 27, 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 AX. ACCESSORY BUILDING
10% 13.4% 3.4% (34%)
COVERAGE
F RONT YARD SETBACK (M IDDLE
10’ 5’ 5’ (50%)
A VE.)
P ATIO SETBACK TO ACCESSORY
10’ 9’ 1’ (10%)
BUILDING
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 wants to construct a two-car garage and maintain an existing pool with the pool pump
already installed, plus two air conditioner units on the property. The garage space is designed for two
vehicles and will be accessible from Middle Avenue. The applicant reduced the size of the garage to the
minimum to accommodate two vehicles plus yard tools.
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 garage will be built at the rear of the
property which borders Middle Avenue and is in alignment with other homes fronting Middle Avenue.
3. The relief requested may be considered substantial at 34% and 50%. However, other properties in the
immediate neighborhood have coverage at or exceeding the proposed amount. The total coverage of both
the principal structure and all accessory structures will be 38.1% which is under the allowable 30% for
principal building and 10% for accessory structures allowed in the district. Additionally, existing
properties on Middle Avenue are built closer to the setback amount of 10’ on both the same side (north) of
this property and on the south side of the street.
4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on
the neighborhood. Many of the homes on both sides of this street are closer to the street than the required
setback. Permeability would still be maintained at more than the minimum of 25%.
5. The difficulty may be considered self-created. However, this is not necessarily fatal to the applicant.
Conditions:
1. Garage is not to have a second story.
2. Existing shed to be removed.
3. Sidewalk to be maintained on Middle Avenue.
4. Any future additions to principal or accessory structure to be limited to 1.9%
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.