HomeMy WebLinkAbout20191188 Pet Lodge Generator 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
#20191188
IN THE MATTER OF THE APPEAL OF
Pet Lodge of Saratoga/Dogs on Broadway
3320 Route 9
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 3320 Route 9 in the City of Saratoga
Springs, New York being tax parcel number 191.8-1-3 on the Assessment Map of said City.
The appellants having applied for an area variance under the Zoning Ordinance of said City to permit the
installation of a generator as an accessory structure in a Rural Residential (RR) District and public notice having
been duly given of a hearing on said application held on the January 27 through the 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 variances for the following amounts of relief:
T YPE OF R EQUIREMENT D ISTRICT DIMENSIONAL P ROPOSED R ELIEF REQUESTED
REQUIREMENT
M INIMUM SIDE YARD SETBACK 30 FT 15.5 FT 14.5 FT (48.3%)
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 explored alternative locations for the generator in the front and rear of the existing building.
The Board finds the applicant’s proposal to locate the generator near the existing A/C equipment is the
most feasible location that meets the desired benefit.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The Board finds that the location of the
property and the generator thereupon will not have an undesirable change on the neighborhood character
or detriment to nearby properties. This property is located in a heavily wooded area along Route 9. The
generator will be located about 300 feet from the road and will be obscured by bushes.
3. The Board finds requested variance to be substantial on a percentage basis, but this is mitigated by the fact
the generator is located next to the heavily wooded State Park property and will be obscured by bushes.
4. The Board finds the addition of a generator and the requested variance for same 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 add a generator within the set-back,
but this is not necessarily fatal to the application.
Conditions:
1. Vegetative buffering required to block view from entrance/parking area.
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.