HomeMy WebLinkAbout20230590 Stewart's 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
Amanda Demma
Jonah Cohen
Otis Maxwell
Chris LaPointe
Steve Harrigan
Chris Maslak (Alternate)
#20230590
IN THE MATTER OF THE APPEAL OF
Stewarts Shops Corp.
P.O. Box 435
Saratoga Springs, New York 12866
from the determination of the Building Inspector involving the premises 177 South Broadway in the City of
Saratoga Springs, New York being tax parcel number 165.83-1-22 on the Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to permit the construction of a
Convenience Store in the NC (T-5) district and public notice having been duly given of hearings on said
application on October 23, 2023 through January 12, 2026.
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 FROM: TO: RELIEF REQUESTED:
BLDG. MIN. BUILD-OUT % (LINCOLN AVE.) 70% 14% 56% WHICH IS 80%
RELIEF
BLDG. MIN. BUILD-OUT % (SOUTH BROADWAY) 70% 0% 70% WHICH IS 100%
RELIEF
FRONT SETBACK BTZ (SOUTH BROADWAY) 0’-12’ 36’ 100% RELIEF
MAX. FREESTANDING SIGN AREA 12SF 17SF 5SF WHICH IS 41.7%
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 demolish an existing home, existing
convenience store, and construct a new convenience store. Several alternatives were considered, and this
proposal requires the least number of variances and also addresses the existing location of the gas pumps
and canopy. Additional land was purchased to alleviate size constraints on the parcel.
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 project is a
continuation of the existing use of the property. In addition, favorable neighborhood comments received.
3. Substantiality: The Board finds that several of these variances are substantial; however, the large
variances are mitigated by the pre-existing, non-conforming nature of the existing convenience store, as
well as the placement of the existing gas pumps and canopy. The configuration of the proposed building
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was designed to leave a safe turn radius for the large trucks that will need to access and service the site.
The substantiality of the variance for the free-standing sign is mitigated by the fact that the proposed sign
is smaller than the existing sign.
4. Adverse Effect or Impact: The Board finds that these variances will not have significant adverse
physical or environmental effects on the neighborhood or district. The proposal meets the standard
district permeability requirements.
5. Self-Created Difficulty: The alleged difficulty is self-created insofar as the applicant desires to
construct a convenience store, but this is not necessarily fatal to the application.
Dated: January 12, 2026
Passes by the following vote:
AYES: 7 (G. Simpson, B. Dailey, J. Cohen, O. Maxwell, A. Demma, C. LaPointe, S.
Harrigan)
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