HomeMy WebLinkAbout20260080 130 York 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)
#20260080
IN THE MATTER OF THE APPEAL OF
Todd & Linda Bishop
20 Kempton Place, Apt 12
Saratoga Springs, New York 12866
From the determination of the Building Inspector involving the premises at 130 York Ave in the City of Saratoga
Springs, New York being tax parcel number 166.46-3-6 in the UR-3 district on the Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to permit the removal of a portion
of the existing second story to facilitate the construction of a complete second story that will occupy the current
footprint. This project will also include the addition of a new front porch, a covered stoop at the rear,
and a side entry mudroom with bedroom on second floor. Notice of a public hearing having been duly given on
March 9, 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 DISTRICT
DIMENSIONAL
REQUIREMENT
PROPOSED RELIEF REQUESTED
NEW PORCH: FRONT LOT SETBACK 10FT 6FT 4FT OR 40%
NEW PORCH: SIDE YARD SETBACK 5FT 3FT 2FT OR 40%
2ND FLR ADDITION: SIDE YARD SETBACK 5FT 1.5FT 3.5FT OR 70%
REAR STOOP ROOF: SIDE YARD SETBACK 5FT 3.8FT 1.2FT OR 24%
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. Achievability by Other Means: The applicant wishes to do a major renovation of an existing house
which is nonconforming to district dimensional requirements as noted. The proposed second story
addition is to be built directly above existing walls and would not increase the non-conforming nature of
the house; a second story built to meet zoning requirements would create walls that do not align and do
not meet the needs of the owner. The requested front yard setback reduces the existing non-conformance
and the overall area of the porch while preserving the aesthetic of a full-width porch which is typical of
the neighborhood. The removal of the rear stoop roof variance would mean that water drains directly
from the existing roof, a design which is not acceptable to the applicant. There is no additional land
available for purchase
2. Undesirable Change: The proposed new porch is further back from the front of the lot while the
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proposed second story addition is within the existing footprint of the house and the design is
architecturally consistent with other houses in the neighborhood. The Board finds that the proposed
renovation will not create undesirable change.
3. Substantiality: The Board finds that the requested variances are substantial, but mitigated by the factors
noted above and by the lack of achievable alternatives.
4. Adverse Effort or Impact: The Board finds that this variance will not have significant adverse physical
or environmental effects on the neighborhood or district. Permeability requirements will be met.
5. Self-Created Difficulty: The alleged difficulty is self-created insofar as the applicant wishes to renovate
an existing nonconforming structure, but this is not necessarily fatal to the application.
Dated: March 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