HomeMy WebLinkAbout20250975 20 Empire 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
Amanda Demma
Jonah Cohen
Otis Maxwell
Chris LaPointe
Steve Harrigan
Chris Maslak (Alternate)
#20250975
IN THE MATTER OF THE APPEAL OF
Timothy Mumford & Eve Fontanella, the Applicants
20 Empire Avenue
Saratoga Springs, NY 12866
From the City of Saratoga Springs Building Inspector determined that certain application involving the
premises at 20 Empire Avenue in the City of Saratoga Springs, New York (“City”) being tax parcel number
178.25-3-3 (the “Zoning Denial”).
The Applicant appealing such Zoning Denial, has applied for an area variance under the UDO of the City to
permit the construction of a roof upon an existing deck addition in the Urban Residential-2 (UR-2) District
and public notice having been duly given of hearing on said application held on December 8, 2025 and 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 variance for the following amount of relief:
Type of Requirement District Requirement Proposed Relief Requested
Interior Side Yard Setback 8 ft 7.5 ft 0.5 ft or 6 inches (6.25%)
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 due to the inclusion of solar panels on the roof and to construct
the new structure and roof line to the existing structure requires the least number of variances, and
has demonstrated that the alternative will not yield substantially similar benefits in comparison to the
requested relief.
2. Undesirable Change. The Applicant has demonstrated that granting this variance would not create an
undesirable change in neighborhood character or detriment to nearby properties. The new roof aligns
with the existing house roofline and will not encroach further into the setback.
3. Substantiality. The requested variances are not substantial and the relief requested for interior side
setback is minor and would not set a precedent for future applications.
4. Adverse Effect or Impact. The variance will not have a significant adverse physical or environmental
effect on the neighborhood or district. The applicant has submitted an engineer’s letter stating that a
stormwater management system will be installed. The minimum permeability requirement will be
met.
5. Self-Created Difficulty. The alleged difficulty is considered self-created insofar as the Applicant
desires to build and extend a roof over the existing deck addition, however this is not fatal to the
application.
Dated: January 12, 2026
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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