HomeMy WebLinkAbout20260006 124 Madison 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
Amanda Demma
Jonah Cohen
Otis Maxwell
Chris LaPointe
Steve Harrigan
Chris Maslak (Alternate)
#20260006
IN THE MATTER OF THE APPEAL OF
Lou and Julia Applebaum
124 Madison St.
Saratoga Springs, NY 12866
from the determination of the Building Inspector involving the premises 124 Madison Street in the City of
Saratoga Springs, New York being tax parcel number 179.29-1-44 on the Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to permit the continued use and
location of a shed in the UR-2 district and public notice having been duly given of a hearing on said application
on February 9, 2026.
In consideration of the balance between benefit to the a pplicant 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
DIMENSIONAL
REQUIREMENT
PROPOSED RELIEF REQUESTED
ACCESSORY SETBACK - REAR 5 FT 0 FT 5 FT (100%)
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. Achievability by Other Means: The applicants have demonstrated this benefit cannot be achieved by
other means feasible to the applicants. The applicants would like to maintain the position of a shed that
currently sits on the rear property line. Per the applicants, the shed was in the current location when they
bought the house in 2024, and it is estimated to have been there for over 20 years. Per the applicants, the
shed cannot be moved since it was built in place and is not on a typical slab or 4 x 4s. There is no
additional land for purchase.
2. Undesirable Change: The applicants have demonstrated that granting this variance will not create an
undesirable change in neighborhood character or detriment to nearby properties. The applicants state that
the shed is in good condition, and it has been in its current position for a significant amount of time. Per
the applicants, the rear property line abuts a “paper street” and the shed does not encroach on any
neighbor properties. Approval for it to remain in place does not create an undesirable change to the
neighborhood.
3. Substantiality: The Board finds that the variance is significant. While the variance is 100%, the
substantiality is mitigated by the factors described above.
4. Adverse Effect or Impact: The Board finds that the variance will not have significant adverse physical
or environmental effects on the neighborhood or district. Per the applicants, the shed has been in place
for over 20 years with no adverse effects. The minimum permeability of the lot will be met.
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5. Self-Created Difficulty: The alleged difficulty is self-created insofar as the applicants desire to
maintain the location of the shed, but this is not necessarily fatal to the application.
Dated: February 9, 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