HomeMy WebLinkAbout20200030 Pastecki 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
#20200030
IN THE MATTER OF THE APPEAL OF
Elizabeth Pastecki
12 Schuyler Drive
Saratoga Springs, NY 12866
from the determination of the Building Inspector involving the premises at 12 Schuyler Drive in the City of
Saratoga Springs, New York being tax parcel number 166.4-1-5 on the Assessment Map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit an addition
on an existing single-family residence in a UR-1 District and public notice having been duly given of a hearing
on application held on February 10, 2020.
In consideration of the balance between benefit to the applicants with detriment to the health, safety and welfare
of the community, I move that the following area variance for the following amount of relief:
APPROVED
T YPE OF R EQUIREMENT D ISTRICT P ROPOSED R ELIEF
DIMENSIONAL REQUESTED
REQUIREMENT
M INIMUM SIDE YARD SETBACK 12 FT 3FT 2 FT 10 FT (83%)
TOTAL MINIMUM SIDE YARD SETBACK 30 FT 10FT 9.5 FT 20.5 FT (68%)
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 project was constructed as previously approved, however, according to the applicant, “Post
construction, the survey measured the side yard setback to be less than the variance that was granted.”
2. The applicant has demonstrated that granting this variance will not produce an undesirable change in
neighborhood character or detriment to the nearby properties. The house is preexisting nonconforming
predating current zoning regulations.
3. Although the variance is substantial at 83% and 68%, this is due to the fact that the existing house is
constructed on the south side at 2’ from the side property line and any addition would impact the total side
setback. The addition was built to the minimum size to be useable by the applicant.
4. The Board finds this variance will not have an adverse physical or environmental effect on the
neighborhood. The addition is at the rear of the home and not visible from the street.
5. The alleged difficulty is self-created insofar as the applicants desire to construct the proposed addition, but
this is not necessarily fatal to the application.
Conditions:
1. Accessory structures limited to 5.6% of lot coverage.
Adopted by the following vote:
AYES: 7 (B. Gallagher, C. Grey, G. Simpson, C. Mills, M. Gutch, S. Morris, K. O’Connor)
NAYES: 0
Dated: February 10, 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, seven members of the Board being
present.
S IGNATURE: _______________________________ 2/11/2020
C HAIR D ATE R ECEIVED BY A CCOUNTS D EPT.