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20190079 SJK Properties Residence NOD f CITY OF SARATOGA SPRINGS Bill Moore, Chair Keith Kaplan, Vice Chair Brad Gallagher,= f Secreta ZONING BOARD OF APPEALSry Cheryl Grey Fp CITY HALL-474 BROADWAY Jerry Luhn • SARATOGA SPRINGS,NEW YORK 12866 Chris Hemstead ��` ' '. . . PH)518-587-3550 Fx)518-580-9480 Rebecca Kern Cao WWW.SARATOGA-SPRINGS.ORG Kathleen O'Connor,alternate FORAT 1E0 #,20290079 /N THE MATTER OF THE APPEAL OF SJK Properties 87 Chestnut St. Boston MA 02108 from the determination of the Building Inspector involving the premises at 78 Mitchell St. in the City of Saratoga Springs, New York being tax parcel number 166.70-I-13 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 in a UR-3 District and public notice having been duly given of a hearing on said application held on the 25th day of February and 18th day of March 2019. 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 PROPOSED RELIEF DIMENSIONAL REQUESTED REQUIREMENT MAXIMUM PRINCIPAL BUILDING COVERAGE 30% 35.2% 5.2%, OR 17.3% RELIEF MINIMUM SETBACK, PRINCIPAL BUILDING TO 5' I' 4'OR 80% ACCESSORY STRUCTURE As per the submitted plans or lesser dimensions, be approved for the following reasons: I. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The proposed residence includes an underground bowling alley,which due to its shape and size as well as the configuration of the lot, extends from the main structure,to close proximity to the detached garage. The Board notes the applicant has already modified the proposal to eliminate two areas of relief. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The applicant notes that the underground bowling alley triggering these areas of relief will not be visible from above ground.The applicant further notes that the principal structure, aside from the added coverage of the bowling alley, is less than the 30% permitted in a UR-3 district. 3. The Board notes the coverage variance requested is not substantial, while the principal-to-accessory setback relief, at 80%, is substantial. The Board notes the visual impact of the substantiality is mitigated by the fact that the portion of the residence proximate to the accessory building will be underground. 4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. Permeability requirement of 25%will be easily met under the submitted plans. 5. The alleged difficulty is self-created insofar as the applicant desires to construct the proposed residence, but this is not necessarily fatal to the application. Condition: No additional construction above bowling alley per revised plan submitted March 8, 2019. Dated: March 18, 2019 Adopted by the following vote: AYES: 7 (B. Moore, K. Kaplan, C. Grey, B. Gallagher, J. Luhn, C. Hemstead, B. Kern) NAPES: 0 Dated: March 18, 2019 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. � (Ai - �F \SIGNATURE. t.. 3/19/2019 CHAIR DATE RECEIVED BY ACCOUNTS DEPT.