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20190225 Bishop Residence NOD r CITY OF SARATOGA SPRINGS Keith Kaplan, Chair vitj 0G4 Brad Gallagher, Vice Chair } *Si `.� ZONING BOARD OF APPEALS Cheryl Grey '; Christopher Mills ,. s w Suzanne Morris ► -x, r"T CITY HALL-474 BROADWAY l SARATOGA SPRINGS,NEW YORK 12866 Gage Simpson `- 7'—a��� Chris Hemstead,alternate PH)5 I8-587-3550 Fx)5 I8-580-9480 Kathleen O'Connor,alternate 'io , T ,'\G' VVWW.SARATOGA-SPRINGS.ORG #20190225 IN THE MATTER OF THE APPEAL OF Todd Bishop and Linda Martelli-Bishop 223 Maple Ave Saratoga Springs NY 12866 from the determination of the Building Inspector involving a parcel at 223 Maple Avenue in the City of Saratoga Springs, New York being tax parcel number 166.29-1-363, in an Urban Residential-2 district on the Assessment Map of said City. The appellants having applied for an area variance under the Zoning Ordinance of said City to permit a subdivision to create two parcels, in which the currently existing improvements on the property are sited on"Lot 1" consisting of 12,400 square feet fronted by both Green St and Maple Ave, and with a new"Lot 2" fronted by Maple Avenue consisting of 6,413 square feet, and public notice having been duly given of a hearing on said application held on the 12th day of August and the 16th day of September 2019. 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 amount of relief: TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PROPOSED RELIEF REQUESTED REQUIREMENT MINIMUM LOT SIZE: LOT 2 6600 SQ FT 6413 SQ FT 187 SQ FT OR 2.8% MINIMUM AVERAGE LOT 60' 50' 10'OR 16.7% WIDTH: LOT 2 As per the submitted plans or lesser dimensions,be approved for the following reasons: 1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant notes that there are no available lands to purchase on the eastern side of Lot 2, and even a 1 foot addition to the western lot line bordering Lot 1 would come 0.1' to the allowed setback from the house on Lot 1, risking future complications with repairs or updates to that home. The applicant further notes that a squared-off line on Lot 2, as in the proposed plan, is ideal from planning practices and precludes future maintenance and neighbor issues. 2. The applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The applicants note that the proposed new boundary and lot configuration will provide sufficient space for a zoning-compliant home on Lot 2. The Board notes no variances are required for Lot 1. The applicants further provided the Board with information on comparable lots in the neighborhood, making it clear that this new Lot 2 would be consistent with neighborhood context. While the Board is generally not in favor of creating non-compliant sized new lots,the shortfall in total lot size in this case is not significant; see note 3,below. 3. The Board notes that neither the lot size nor lot width variances are substantial. 4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. Permeability of Lot 1 will be 58.5%per the applicant, well in excess of the UR-2 requirement of 25%. 5. These areas of relief are self-created insofar as the applicants desire to subdivide this parcel,but that by itself is not fatal to the application. Notes: 1. City Planning Board approval needed for subdivision 2. This subdivision will nullify a Special Use Permit granted in 1992 for a home occupation on this site. 3. County Planning Board granted a favorable opinion on March 29, 2019. Condition: 1. Removal of existing driveway and curb cut on Maple Ave, and repair to city standards with new sidewalk and curbing. Adopted by the following vote: AYES: 7 (K. Kaplan, C. Grey, C. Mills, G. Simpson, S. Morris, B. Gallagher, K. O'Connor) NAYE S: 0 Dated: September 16, 2019 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, five members of the Board being present. SIGNATURE: 09/17/2019 CHAIR DATE RECEIVED BY ACCOUNTS DEPT.