HomeMy WebLinkAbout20250347 35 Ash St Area Variance NODPage 1 of 2
CITY OF SARATOGA
SPRINGS
ZONING BOARD OF APPEALS
CITY HALL - 474 BROADWAY
SARATOGA SPRINGS, NEW YORK 12866
518-587-3550
WWW.SARATOGA-SPRINGS.ORG
Gage Simpson, Chair
Brendan Dailey, Vice Chair
Shafer Gaston
Amanda Demma
Jonah Cohen
Otis Maxwell
Chris LaPointe
Chris Maslak (Alternate)
Robert West (Alternate)
#20250347
IN THE MATTER OF THE APPEAL OF
Patrick Hedderman
77C Excelsior Avenue, Apartment 308
Saratoga Springs, New York 12866
From the determination of the Building Inspector involving the premises at 35 Ash Street in the City of
Saratoga Springs, New York being tax parcel number 165.74-2-16, in the Urban Residential-3 (UR-3)
District on the Assessment Map of said City.
This being an application for an area variance under the UDO of said City to permit the construction of a
two-family dwelling on an undersized lot, and public notice having been duly given of a hearing on said
application held from June 23, 2025 to July 14, 2025.
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
REQUIREMENT
PROPOSED RELIEF REQUESTED
MINIMUM LOT SIZE 8,000 SF. 6,272 SF. 1,728 SF OR 21.6%
RELIEF
MINIMUM AVERAGE WIDTH 80’ 43.6’ 36.4’ OR 45.5%
RELIEF
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. Achievability by Other Means: The applicant has demonstrated this benefit cannot be
achieved by other means feasible to the applicant. The applicant would like to construct a two-
family dwelling on a lot that does not meet the district dimensional requirements for such a
dwelling. The lot is adjoined by houses on the east and west and by Aston Lane and Ash
Street to the north and south, respectively. The Board notes that there is no adjoining land
available for purchase.
2. Undesirable Change: The applicant has demonstrated that granting this variance will not
create an undesirable change in neighborhood character or detriment to nearby properties. The
applicant provided numerous examples of comparable nearby two-family dwellings on
similarly undersized lots, several of these comparable dwellings are located on lots
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significantly smaller and narrower than the lot in question, and none of these pose a detriment
to other nearby properties. Therefore, this proposal will not have a significant impact on
neighborhood density. The Board notes that the proposed two-family dwelling will appear
from the street as if it were a single-family home, and that the required minimum setbacks on
all sides will be exceeded, while the lot coverage will be below the allowable maximum.
3. Substantiality: The Board notes that while the requested variances may be considered
substantial, the substantiality is mitigated by the factors described above.
4. Adverse Effects: This variance will not have a significant adverse physical or environmental
effect on the neighborhood or district. Permeability will meet the district requirement.
5. Self-Created Difficulty: The alleged difficulty is self-created insofar as it is motivated by the
applicant’s desire to construct a two-family dwelling on an undersized lot, but this is not
necessarily fatal to the application.
It is so moved.
Dated: July 14, 2025
Passes by the following votes:
AYES: 6 (G. Simpson, B. Dailey, J. Cohen, S. Gaston, O. Maxwell, A. Demma)
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: 08/15/2025
CHAIR DATE RECEIVED BY
ACCOUNTS DEPT.