HomeMy WebLinkAbout20250047 83 Fifth Ave. Area Variance NOD
Gage Simpson, Chair
C ITY OF S ARATOGA
Brendan Dailey, Vice Chair
Shafer Gaston
S PRINGS
Amanda Demma
Jonah Cohen
ZONING BOARD OF APPEALS
Otis Maxwell
Chris LaPointe
C ITY H ALL - 474 B ROADWAY
Chris Maslak (Alternate)
S ARATOGA S PRINGS, N EW Y ORK 12866
Robert West (Alternate)
518-587-3550
WWW.SARATOGA-SPRINGS.ORG
#20250047
IN THE MATTER OF THE APPEAL OF
Tony and Amy Porter
1 Salem Drive
Saratoga Springs, New York 12866
from the determination of the Building Inspector involving the premises 83 Fifth Ave. in the City of
Saratoga Springs, New York being tax parcel number 16.13-2-25 on the Assessment Map of said City.
The applicants having applied for an area variance under the UDO of said City to permit the construction
of an addition and porte cochere and public notice having been duly given of a hearing on said application
held between February10, 2025 and March 3, 2025.
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
S IDE YARD - WEST 12 FT. 7 FT. 5 FT. (41.7%)
S IDE YARD - EAST 12 FT. 5.58 FT. 6.42 FT. (53.5%)
T OTAL SIDE YARD 30 FT. 12.58 FT. 17.42 FT. (58.1%)
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 would like to construct a second-story addition and Porte Cochere in the
same pre-existing non-conforming footprint as the existing attached garage. There is no adjoining
land available for purchase.
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 applicant
has demonstrated that the requested variance aligns with other properties in the neighborhood, and
is being constructed within the existing footprint.
3. The Board finds the requested variances are substantial, but notes the character of the
neighborhood mitigates this concern as the proposal is similar to other neighboring properties.
The construction of the second-story addition will be located within the existing footprint, which
mitigates the substantiality of the relief.
4. The Board finds that these variances will not have significant adverse physical or environmental
effect on the neighborhood or district. The property will adhere to the standard district
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permeability requirements.
5. The alleged difficulty is self-created insofar as the applicant’s desire to construct an addition and
a Porte Cochere, but this is not necessarily fatal to the application.
It is so moved.
Dated: March 3, 2025
Passes by the following votes:
AYES: 6 (G. Simpson, B. Dailey, J. Cohen, C. LaPointe, S. Gaston, A. Demma)
NAYES: 0
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 the Unified
Development Ordinance.
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.
SIGNATURE: 03/18/2025
CHAIR DATE RECEIVED BY
ACCOUNTS DEPT.
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