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20190246 Lake Local NOD oiGALSPRINGS Bill Moore, Chair CITY OF SARATOGA Keith Kaplan, Vice Chair ZONING BOARD OF APPEALS Brad Gallagher, Secretary Cheryl Grey lCITY HALL-474 BROADWAY Jerry Luhn SARATOGA SPRINGS NEW YORK 12866 Chris Hemstead co ic'' RATED PH 518-587-3550 Fx 518-580-9480 Rebecca Kern WWW.SARATOGA-SPRINGS.ORG n'r-"--"" #20190246 IN THE MATTER OF THE APPEAL OF 550 Union LLC, c/o John Haynes 142 Grand Ave Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 550 Union Ave. in the City of Saratoga Springs, New York being tax parcel number 180. -4-6 on the Assessment Map of said City. The appellant having applied for an area variance under the Zoning Ordinance of said City to permit parking spaces at a restaurant, shop and marina in a Water Related Business District and public notice having been duly given of a hearing on said application held on the 22th day of April , and the 6th day of May 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 variance for the following amount of relief: Type of Requirement District dimensional Proposed Relief requirement requested Minimum Side Yard Setback to 15' 0' 15' or 100% parking-spaces 23-36, and spaces 38-56 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 notes that the variance is being sought as an alternative to pursuing a "quiet title" action, which they expect would have been time-consuming and expensive. 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 notes that the parking spaces are interior to the subject parcel, adjacent to a strip of road connecting Union Ave to several private home lots adjacent to the subject lot.The Board does not find that the positioning of these parking spaces adjacent to this road would interfere with these neighbors' use of this road. 3. The Board finds these variances to be substantial. However, the Board finds that the substantiality is mitigated by the fact that the spaces are in the interior of the parcel and therefore limits their effect on the neighbor's usage and their visibility to neighbors and visitors. 4. These variances will not have significant adverse physical or environmental effect on the neighborhood or district. Given the placement of these spaces interior to the parcel, the Board finds no adverse physical or environmental effect on nearby properties. 5. The alleged difficulty is self-created insofar as the applicant desires to create the proposed parking spaces, but this is not necessarily fatal to the application. Note: Planning Board site plan approved. DRC architectural plan approved. Adopted by the following vote: AYES: 4 (B. Moore, K. Kaplan, C. Grey, J. Luhn) NAYES: 0 ABSTAINED: 1 (K. O'Connor) Dated: May 6, 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,five members of the Board being present. .11W1 $ 'IW SIGNATURE: 05/07/2019 CHAIR DATE RECEIVED BY ACCOUNTS DEPT.