HomeMy WebLinkAbout20260822 38 Oak St Area Variance Extension- 20250115 Area Variance Original NOD'QG .sff, CITY OF SARATOGA
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CITY HALL - 474 BROADWAY
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518-587-3550
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#20250115
IN THE MATTER OF THE APPEAL OF
Shari and Christopher Noonan
38 Oak Street
Saratoga Springs, New York 12866
Gage Sinipson,Chair
Brendan Dailey, Vice Chair
Shafer Gaston
Amanda Demma
Jonah Cohen
Otis Maxwell
Chris LaPointe
Chris Masla (Alternate)
Robert West (Alternate)
From the determination of the Building Inspector involving the premises at 38 Oak Street in the City of
Saratoga Springs, New York being tax parcel number 165.66-3-23 on the Assessment Map of said City.
The applicant having applied for an area variance to permit the construction of a detached garage in the
Urban Residential - 3 (UR-3) District and public notice having been duly given of a hearing on said
application held between March 3rd and March 24"', 2025.
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:
TYPE OF REQUIREMENT
DISTRICT REQUIREMENT
PROPOSED
RELIEF REQUESTED
MAXIMUM BUILDING
COVERAGE
40%
46%
6% (15%)
SIDE SETBACK - ACCESSORY
5
3.5'
1.5' (30%)
INTERIOR SIDE SETBACK -
HOUSE
5'
0'
5' (100%)
TOTAL SIDE SETBACK - HOUSE
12'
3.2'
8.8' (73%)
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 wishes to construct the detached garage and porch roof to their property in
the UR-3 District. The applicants note they have considered other alternatives, but they were
deemed undesirable to the applicant. The board notes no additional property was available for sale.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The project includes replacing a
dilapidated barn and shed with a garage of a smaller footprint/size. The addition of the garage is
consistent with other homes in the neighborhood and will not have a negative impact on the street.
3. The board notes that the requested variances are considered to be substantial, but mitigated by the
factors stated above. The undersized lot contributes to the substantiality of the variances. The
existing stoop is pre-existing non -conforming to the side yard setback and the proposed porch roof
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will not increase the non -conformity.
4. This variance will not have a significant adverse physical or environmental effect on the
neighborhood or district. Standard district permeability requirements will be met.
5. The alleged difficulty is considered self-created insofar as the applicants' desire to construct the
garage; however, this is not necessarily fatal to the application.
It is so moved, March 24"', 2025.
Passes by the following votes:
AYES: 7 (G. Simpson, B. Dailey, J. Cohen, C. LaPointe, S. Gaston, O.
Maxwell, A. Demma)
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 the Unified
Development Ordinance.
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, seven
members of the Board being present.
SIGNATURE:
CHAIR
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03/28/2025
DATE RECEIVED
ACCOUNTS DEPT.