HomeMy WebLinkAbout20240987 131 Middle Ave. 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)
#20240987
IN THE MATTER OF THE APPEAL OF
Kim and Mike Southern
124 York Ave.
Saratoga Springs, NY
From the determination of the Building Inspector involving the premises at 131 Middle Ave. in the City of
Saratoga Springs, New York being tax parcel number 166.46-3-5.2 on the Assessment Map of said City.
The Applicants having applied for an area variance under the UDO of the City to permit the construction of a
new single-family dwelling with an attached garage in the Urban Residential-3 District and public notice
having been duly given of a hearing on said application held between September 29, 2025 and October 27,
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:
Type of Requirement District
Requirement
Proposed Relief Requested
Max. Combined Building
Coverage
40% 49% 9% (22.5%)
Min. Rear Yard Setback 25 ft. 20.8 ft. 4.2 ft. (16.8%)
Min. Total Side Yard Setback 12 ft. 10.2 ft. 1.8 ft. (15%)
Max. Width of Driveway 25% 37.5% 12.5% (50%)
As per the submitted plans or lesser dimensions, be APPROVED for the following reasons:
1. The applicant has demonstrated that this benefit cannot be achieved by other means feasible to the
applicant. The applicant would like to construct a single-family house. There is no adjoining land
available for purchase.
2. The applicant 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
demonstrated that the requested variance aligns with other properties in the neighborhood. The
applicant provided significant neighborhood context for requested driveway width percentage.
3. The Board finds that these requested variances are substantial, but notes the character of the
neighborhood mitigates this concern as the proposal is similar to other neighboring properties. The
variances are further mitigated by the undersized nature of the lot.
4. The Board finds that these variances will not have significant adverse physical or environmental
effects on the neighborhood or district. The property will adhere to the standard district permeability
requirements.
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5. The alleged difficulty is self-created insofar as the applicant’s desire to construct a single-family
house, but this is not necessarily fatal to the application.
Dated: October 27, 2025
Passes by the following vote:
AYES: 5 (, B. Dailey, O. Maxwell, J. Cohen, A. Demma, C. LaPointe)
NAYS: 2 (G. Simpson, S. Gaston)
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