HomeMy WebLinkAbout20250534 169 Union Ave. 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)
#20250534
IN THE MATTER OF THE APPEAL OF
Thomas R. Grossman
23 Old Fort Rd, Walkill, NY 12589
WHEREAS, the City of Saratoga Springs Building Inspector has determined that certain application
involving the premises at 169 Union Ave & Morton Place in the City of Saratoga Springs, New York (“City”)
being tax parcel number 166.69-3-12 (the “Zoning Denial”).
WHEREAS, the Applicant appealing such Zoning Denial, has applied for an area variance under the UDO
of the City to permit the demolition and construction of a new garage in the Urban Residential-4 District and
public notice having been duly given of a hearing on said application held between September 15 and
September 29, 2025.
WHEREAS, in consideration of the balance between benefit to the applicants with detriment to the health,
safety, and welfare of the community, the Applicant has requested the following area variance for the
following amount of relief:
Type of Requirement District
Requirement
Proposed Relief Requested
Minimum Average Width 80 FT 50 FT 30 FT (37.5%)
Maximum Principal Building
Coverage
40% 46.5% 6.5% (16.3%)
Maximum Driveway Percentage 25% 40% 15% (60%)
Rear – Setback (Morton Alley) 25 FT 5 FT 20 FT (80%)
NOW, THEREFORE, as per the submitted plans or lesser dimensions, be APPROVED for the following
reasons:
1. Achievability by Other Means. The Applicant has demonstrated that this benefit cannot be achieved
by other means feasible to the applicant. The lot is pre-existing, non-conforming with regard to width
(50 ft). The Board notes that the requested driveway width is standard for a 2-car garage. The applicant
considered locating the structure further from the alley, however locating the structure closer to the
alley provides additional green space between the carriage house and existing house, and per the
Design Review Board would be more in keeping with the consistency of design along the alley. The
applicant submits that there is no other land for purchase as the property is a corner lot.
2. Undesirable Change. The Applicants has demonstrated that granting this variance would not produce
an undesirable change in neighborhood character or a detriment to nearby properties. The Board finds
that the applicant has established that the unique location of the property adjacent to the Racing
Museum, near commercial businesses and in a neighborhood that includes several other properties
that have more than a single primary residence supports the applicant’s desire to construct a second
dwelling unit above the garage. The Board also finds that the applicant has demonstrated that the
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building coverage requested is similar in density to other properties in the neighborhood. Applicant
demonstrated multiple properties along Morton Alley with structures within 5 feet of the alleyway.
3. Substantiality. The Board finds that these requested variances are substantial, but notes the character
of the neighborhood and similar setbacks mitigate this concern as the proposed design and density are
similar to other properties.
4. Adverse Effect or Impact. The Board finds that this variance would not have a significant adverse
physical effect or environmental effect on the neighborhood or district. The applicant submits that
demolishing the previous garage and asphalt and constructing this project results in improved
permeability on-site.
5. Self-Created Difficulty. The alleged difficulty is considered self-created insofar as the Applicant
desires to build a new garage, however, this is not necessarily fatal to the application.
Dated September 29, 2025
Passes by the following vote:
AYES: 7 (G. Simpson, B. Dailey, S. Gaston, O. Maxwell, J. Cohen, A. Demma, C.
LaPointe)
NAYS: 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:
CHAIR