HomeMy WebLinkAbout20250909 122 North 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)
#20250909
IN THE MATTER OF THE APPEAL OF
Jason Diiulio
122 North St., Saratoga Springs, NY 12866
WHEREAS, the City of Saratoga Springs Building Inspector has determined that certain application involving
the premises at 122 North Street in the City of Saratoga Springs, New York (“City”) being tax parcel number
166.46-1-13 (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 construction of a new porch in the Urban Residential-3 District and public notice having
been duly given of a hearing on said application held on October 27, 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 Front Yard Setback 10 FT 3.5 FT 6.5 FT (65%)
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 property’s structure is pre-existing with an approximately 4-foot setback.
The applicant desires to construct a porch with the appearance that the porch was part of the original
construction of the house. The applicant notes that because this is a front setback no property was available to
purchase to offset the necessary relief.
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
dimensions of the porch will match the setback of the already-existent structure. The applicant was able to
demonstrate multiple properties in the neighborhood with similarly-sized front and side porches extending into
the minimum front yard setback.
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3. Substantiality. The Board finds that this variance is substantial, but notes the character of the neighborhood
and similar porches mitigate this concern.
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 porch does not increase the magnitude of the
current encroachment into the front yard setback.
5. Self-Created Difficulty. The alleged difficulty is considered self-created insofar as the Applicant desires to
build a new porch, however, this is not necessarily fatal to the application.
Dated October 27, 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