HomeMy WebLinkAbout20260185 28 Fifth Ave Area Variance ZO Denial With Additional Information Included 05.26.2026ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: LEONA BECK TAX PARCEL No.: 166.62-2-20
PROPERTY ADDRESS: 28 FIFTH AVENUE
ZONING DISTRICT: URBAN RESIDENTIAL (UR-1) DISTRICT
This applicant has applied to use the identified property within the City of Saratoga Springs for the
following:
The applicant seeks area variances for a pool, hot tub, firepit, and concrete patio that
were installed in 2016, to bring into compliance with Table 3 of the 2012 residential
UR-1 Zoning Ordinance Area and Bulk Standards (see attached).
This application is hereby denied upon the grounds that such use of the property would violate the
Unified Development Ordinance article(s):
Article: 2 Section (2012) 2.0 Base Zoning Districts - Urban Residential (UR-1) & Table 3 - Area and
Bulk Schedule — UR-1 Residential Districts Dimensional Standards.
As such, the following relief would be required to proceed:
❑ Extension of existing variance ❑ Interpretation
❑ Advisory Opinion required from Saratoga County Planning Board
❑ Use Variance to permit the following:
.f Area Variance
Dimensional Requirements:
From:
To:
Relief Requested:
Max. Access. Bldg. Coverage%:
8%
11.6%
4%
Swimming Pool/hot tub —
Interior Side Setback:
8ft
7ft
1ft which is 13% relief
Accessory Structure— Pool Equip -
Interior Side Setback:
5ft
Oft
5ft which is 100% relief
Non -Permitted Encroachment(s) —
Concrete Patio/firepit:
10ft
3.5ft
6.5ft which is 65% relief
NOTE:
ZONING AND BUILDING INSPECTOR
DATE
CITY OF SARATOGA SPRINGS ZONING ORDINANCE
TABLE 3: AREA AND BULK SCHEDULE
MAXIMUM BUILDING
MINIMUM LOT
MINIMUM
COVERAGE
MIN. YARD SETBACK FEET
(FEET)
PRINCIPAL BUILDINGS
MINIMUM DISTANCE TO
ZONING
SIZE
AVERAGE
PERCENTAGE
ACCESSORY BUILDING (FEET)
)
MINIMUM
DISTRICT
SQUARE
WIDTH
% TO REMAIN
FEET (SF)
(FT.)
PRINCIPAL
ACCESS.
FRONT
REAR
EACH
TOTAL
MINIMUM
1ST FLOOR AREA
MAX.
HEIGHT
PRINCIPAL
FRONT
LOT
SIDE
LOT
REAR
LOT
PERMEABLE
BLDG.
BLDG.
SIDE
SIDE
SF
( )
(FEET)
BUILDING
LINE
LINE
LINE
RR (F)
2 acres
200
15
5
60
100
30
100
-----
35
5
60
30
50
80
SR-1 (F)
40,000
125
20
8
40
40
15
35
-----
35
5
40
10
10
40
SR-2
20,000 (A)
100
25
8
30
30
12
30
-----
35
5
30
5
5
30
UR-1
12,500 (A)
100
20
8
30
30
12
30
1 Story = 1,100
60
5
30
5
5
2 Sto = 800
30
UR-2
6,600 (A)
60
30
10
10
25
8
20
1 Story = 900
60
5
10
5
5
2 Story = 700
25
UR-3
6,600 1-unit /
60 1-unit /
30
10
10
25
4
12
1 Story = 1,200
60
5
10
8,000 2-units
80 2-units
2 Story = 800
5
5
25
UR 4
3,000/DU
100
25
15
25
25
20
45
1 Story = 1,800
2 Story = 1,200
7 0
10
25
5
5
15
UR 4A
2,000/DU
60 1-unit /
80 2-units
30
10
10
25
4
12
1 Story = 1,200
70
5
10
5
5
2 Story = 800
15
UR-5
3,000/DU
100
25
15
25
25
20
45
1 Story =1,800 2 Story = 1,200
185
20
20
10
10
15
UR-6
4,800
60
30
10
25
25
8
20
900
35
5
25
5
5
25
UR-7
4,000
50
45
10
10
10
4
8
1,000
35
5
10
5
5
20
NCU-1
6,600 1-unit /
60 1-unit /
30
10
10
25
1 story = 1,200
8,000 2-units
80 2-units
4
12
2 story = 800
60
5
10
5
5
25
NCU-2
6,600 1-unit /
8,000 2-units
60 1-unit /
80 2-units
30
10
10
25
4
12
1 story = 1,200
60
5
10
5
2 story = 800
5
25
NCU-3
3,000/DU
60 (H)
30
10
10 (I)
25
4 (J)
12
1 story = 1.800
2 story = 1,200
50
5
10
5
5
20
V1.0 2.0: BASE ZONING DISTRICTS — PAGE 1 3
CITY OF SARATOGA SPRINGS ZONING ORDINANCE
TABLE13: AREA AND BULK SCHEDULE
ZONING
DISTRICT
MINIMUM LOT
SIZE
SQUARE
FEET (SF)
MINIMUM
AVERAGE
WIDTH
(FT.)
MAXIMUM BUILDING
COVERAGE
PERCENTAGE
MIN. YARD SETBACK (FEET)
PRINCIPAL BUILDINGS
MINIMUM DISTANCE TO
ACCESSORY BUILDING (FEET)
MINIMUM
%TO REMAIN
PERMEABLE
PRINCIPAL
BLDG.
ACCESS.
BLDG.
FRONT
REAR
EACH
SIDE
TOTAL
SIDE
MINIMUM
1ST FLOOR AREA
(SF)
MAX.
HEIGHT
(FEET)
PRINCIPAL
BUILDING
FRONT
LOT
LINE
SIDE
LOT
LINE
REAR
LOT
LINE
OMB-1 (G)
40,000
100
30
10
80
25 (B)
20(D)
40
-----
40
25
80
10 (C)
10 (C)
30
OMB-2 (G)
10,000
100
30
10
40
25 (B)
15(D)
30
-----
40
25
40
3 (C)
3 (C)
30
WRB
20,000
200
30
15
40
25 (B)
15(D)
30
-----
40
10
40
3 (C)
3 (C)
15
TRB (G)
10,000
100
20
10
40
25 (B)
20(D)
40
-----
40
10
40
10 (C)
10 (C)
30
HGB (G)
20,000
1 200
30
15
40
25 (B)
15(D)
30
-----
40
10
40
3 (C)
3 (C)
15
INST-E
12,500
100
20
8
30
30
12
30
-----
50
12
30
5
5
30
INST-PR
2 acres
200
---
---
60
100
30
100
-----
70
15
60
30
50
75
INST-MP
2 acres
200
40
30
100
50
20(B)
50
-----
50
10
100
10 (C)
10 (C)
20
INST-HTR
20,000
100
35
8
30
30 (B)
12(D)
30
-----
60
12
30
5 (C)
5 (C)
20
IND-G
40,000
200
40
30
40
30 (B)
15(D)
30
-----
50
10
40
10 (C)
10 (C)
30
IND-X
10 acres
500
80
10
100(E)
100 (E)
50
100
-----
100
10
100 (E)
10 (C)
10 (C)
20
WD
20,000
100
30
15
40
25 (B)
15(D)
30
------
40
-----
40
5 (C)
5 (C)
20
TABLE 3 NOTES:
Fire Escapes - Open fire escapes may not project more than 6' into any required setback.
Pools - Pool walls or related structures must be setback 8' from an adjoining lot line.
Terraces - Terraces and patios must be setback 10' from an adjoining lot line.
(A) 20,000 SF if without either central water supply or sanitary sewer; 40,000 SF if without central water supply and sanitary sewer
(B) 50' if lot abuts a residential district
(C) 30' if lot abuts a residential district
(D) 40' if lot abuts a residential district
(E) 100' for extractive and quarrying; 50' for other principal uses
(F) Subdivision of land shall be subject to the Conservation Subdivision Requirements within the Subdivision Regulations
(G) See Gateway Overlay District for requirements
(H) 18' minimum mean lot width permitted for attached single family homes
(1) 0' side yard setback permitted for attached single family homes
(J) The cumulative area of all new and existing one-story structure(s) on any one lot shall not exceed 3,000 square feet.
(K) The cumulative area of all new and existing one-story structure(s) on any one lot shall not exceed 1,500 square feet.
V1 .0 2.0: BASE ZONING DISTRICTS — PAGE 1 4
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: LEONA BECK TAX PARCEL No.: 166.62-2-20
PROPERTY ADDRESS: 28 FIFTH AVENUE
ZONING DISTRICT: URBAN RESIDENTIAL (UR-1) DISTRICT
This applicant has applied to use the identified property within the City of Saratoga Springs for the
following:
The applicant seeks area variances for a pool, hot tub, firepit, and concrete patio that
were installed in 2016, to bring into compliance with Table 3 of the 2012 residential
UR-1 Zoning Ordinance Area and Bulk Standards (see attached).
This application is hereby denied upon the grounds that such use of the property would violate the
Unified Development Ordinance article(s):
Article: 2 Section (2012) 2.0 Base Zoning Districts - Urban Residential (UR-1) & Table 3 - Area and
Bulk Schedule — UR-1 Residential Districts Dimensional Standards.
As such, the following relief would be required to proceed:
❑ Extension of existing variance ❑ Interpretation
❑ Advisory Opinion required from Saratoga County Planning Board
❑ Use Variance to permit the following:
Area Variance
l
Dimensional Requirements: From: To: Relief Requested:
Max. Access. Bldg. Coverage%: 8% 11.60 4%
Swimming Pool/hot tub —
Interior Side Setback: 8ft 7ft 1ft which is 13% relief
Accessory Structure— Pool Equip -
Interior Side Setback: 5ft Oft 5ft which is 100% relief
Non -Permitted Encroachment(s) — -------
Concrete Patio/firepit:12ft-�� 3.5ft 8.5 hich is 71%relief
NOTE:
vl
W
ZONING AND BUILDING INSPECTOR DATE
Property 28 Fifth Avenue
Address:
File # 1492 SBL: 166.62-2-20
Zone:
UR-1
Occupancy:
R
Min Lot Size:
Project Type:
SF
Min Avg Width:
Dwelling Units:
1
**Max Access. Coverage %:
Stories:
2
Yard Setback - Front:
Const. Type:
Inground Pool
Rear:
Side 1:
Water Service:
Side 2:
ZBA:
Yes
Total Side:
DRB:
Yes
Corner Side:
Max Height:
ROOMS:
Accessory to Front:
BR:
Accessory to Side:
BATH:
Accessory to Rear:
FIREPLACE:
Max First Floor Elev:
Max Impervious %:
APP # 20161047 Pool Permit
Zone Req
Approved
Variances
Proposed
Variance
Numeric
Variance
Percent
12500
3050
9450
3050
24.4%
100
62
62
38
38.0%
8%
12%
344
4%
30
12.3
12.3
17.7
59.0%
30
0
68
OK
OK
12
8.41
11.6
0.4
3.3%
12
7.5
9.2
2.8
23.3%
30
22.5
20.8
9.2
30.7%
25
0
0
25
100.0%
40
0
37
OK
OK
30
0
126
OK
OK
5
0.3
0
5
100.0%
5
2.4
2.4
2.6
52.0%
4
0
0
OK
OK
50%
0
11.6%
OK
OK
Area For Fee:
0
Fee per SQ FT
$
0.35
Lot Width
65 Lot Length
150
SF Fee
$
-
Total Coverage
1100
Accessory Structures:
Base Fee
$
175.00
Zone 1 Length
24 Zone 1 Width
24 Det. Garage
Total Fee
$
175.00
Zone 2 Length
14 Zone 2 Width
29 In -ground Pool
Zone 3 Length
5 Zone 3 Width
6 Outdoor shower
Amount Paid
$
-
Zone 4 Length
4 Zone 4 Width
13 Pool Equipment
Balance Due
$
175.00
Zone 5 Length
4 Zone 5 Width
2 Mech Equip
Zone 6 Length
7 Zone 6 Width
6 Spa - Hottub
Zone 7 Length
0 Zone 7 Width
0
Zone 8 Length
0 Zone 8 Width
0
Zone 9 Length
0 Zone 9 Width
0
Area Calculation: Basement
First Floor
Front Porch
Rear Porch
Garage
Second Floor
Total 0
Questions:
Driveway width (10.4.D)?
Existing sidewalk? Yes Is new sidewalk required (Section 18.5)? No
Front Door faces street (Section 8.4.KK.2.a)? Yes
front loaded garage width (Section 8.4.KK.2.d)? 18'
frontfasade has at least 10% transparency (Section 8.4.KK.c)? Yes
Architectual Overlay Review District.
Lot line adjustment approved by PB chair & ZBA area variances were reviewed & approved 5/07
Additional ZBA Area Variances were approved in March 2009 for side yard, total side yard, and maximum lot size to facilitate the
construction of an addition that includes a screened porch.
**Max. Accessory Bldg. Coverage % is based on 2012 8%. The calculations includes Garage(568.3sf) + Pool (401.5sf) + Spa(77.8sf)
+ Outdoor Shower (30.8sf) +Pool Equipment (13.3sf) + Mechanical Equipment (8.3sf)=1,100.0 / Lot Size 9450sf = 11.6% which is
3.6% or 4% relief sought.
DK
DK
DK
3pprox.
DK
DK
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V/A
)et Garage
)et Garage
)et Garage
d/A
Property 28 Fifth Avenue
Address:
File # 1492 SBL: 166.62-2-20
Zone:
UR-1
Occupancy:
R
Min Lot Size:
Project Type:
SF
Min Avg Width:
Dwelling Units:
1
Max Combined Coverage %:
Stories:
2
Yard Setback - Front:
Const. Type:
Inground Pool
Rear:
Side 1:
Water Service:
Side 2:
ZBA:
Yes
Total Side:
DRB:
Yes
Corner Side:
Max Height:
ROOMS:
Accessory to Front:
BR:
Accessory to Side:
BATH:
Accessory to Rear:
FIREPLACE:
Max First Floor Elev:
Max Impervious %:
APP # 20161047 Pool Permit
Zone Req
Approved
Variances
Proposed
Variance
Numeric
Variance
Percent
12500
3050
9450
3050
24.4%
100
62
62
38
38.0%
28%
24%/30%
30%
181
2%
30
12.3
12.3
17.7
59.0%
30
0
68
OK
OK
12
8.41
11.6
0.4
3.3%
12
7.5
9.2
2.8
23.3%
30
22.5
20.8
9.2
30.7%
25
0
0
25
100.0%
40
0
37
OK
OK
30
0
126
OK
OK
5
0.3
0
5
100.0%
5
2.4
2.4
2.6
52.0%
4 1
0
0
OK
OK
50% 1
0 1
31.0%
OK
OK
Area For Fee:
0
Fee per SO, FT
$
0.35
Lot Width
65 Lot Length
150
SF Fee
$
-
Total Coverage
2827
Base Fee
$
175.00
Zone 1 Length
41 Zone 1 Width
40 Principal
Total Fee
$
175.00
Zone 2 Length
20 Zone 2 Width
22 Det. Garage
Zone 3 Length
3 Zone 3 Width
14 Porch - open
Amount Paid
$
Zone 4 Length
15 Zone 4 Width
19 Rear Cvd. Porch
Balance Due
$
175.00
Zone 5 Length
14 Zone 5 Width
30 Pool
Zone 6 Length
0 Zone 6 Width
0
Zone 7 Length
0 Zone 7 Width
0
Zone 8 Length
0 Zone 8 Width
0
Zone 9 Length
0 Zone 9 Width
0
Area Calculation: Basement
First Floor
Front Porch
Rear Porch
Garage
Second Floor
Tota 1 0
Questions:
Driveway width (10.4.D)?
Existing sidewalk? Yes Is new sidewalk required (Section 18.5)? No
Front Door faces street (Section 8.4.KK.2.a)? Yes
front loaded garage width (Section 8.4.KK.2.d)? 18'
front fagade has at least 10%transparency (Section 8.4.KK.c)? Yes
Architectual Overlay Review District.
Lot line adjustment approved by PB chair & ZBA area variances were reviewed & approved 5/07
Additional ZBA Area Variances were approved in March 2009 for side yard, total side yard, and maximum lot size to facilitate the
construction of an addition that includes a screened porch.
*Max Bldg. Coverage % of 20% is based on 2012 Area & Bulk structures include principal and pool.
DK
DK
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DK
3pprox.
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V/A
)et Garag,
)et Garag,
)et Garag,
J/A
From: Michael Tuck <mtuck@balzertuck.com>
Sent: Monday, March 23, 2026 2:00 PM
To: Richard Roman <Richard.Roman @saratoga-springs.org>
Cc: Leona Beck <leonawbeck@gmail.com>
Subject: RE: 28 Fifth Avenue - Zoning Compliance Review
Caution:
This is an external email and may have suspicious content or subject. Please take care when clicking links or opening
attachments. When in doubt, contact IT.
Richard,
Thank you for the notes.
I think it helpful to clarify that this application is for work that has already been completed and no "new" work is being
proposed. All the construction that is a part of this application has been included on the survey that has been submitted
and is also attached here for reference. This work was completed under a permit that I understand was issued in 2016
based on information provided by Concord Pools and is subject to the zoning ordinance that was in effect at the time the
permit was issued. The need for variances to complete this work was not identified until the homeowners applied for
their Certificate of Occupancy.
I have attached Table 3 Area and Bulk Schedule from the zoning ordinance that was in effect at the time of permitting
and ask that you confirm our understanding that these are the values we are seeking relief from. Please let me know if
there is a misunderstanding regarding which zoning ordinance we are required to comply with.
The owners were advised that they needed variances for the following:
• Maximum accessory building coverage:
0 11.6% exists after installation of the pool and spa where 8% is permitted
o Garage(568.3sf) + Pool (401.5sf) + Spa(77.8sf) + Outdoor Shower (30.8sf) + Pool Equipment (13.3sf) +
Mechanical Equipment (8.3sf) = 1,100.0 sf
o Total lot area: 9,450sf
o Total accessory coverage = 1,100 / 9,450 = 11.6%
Pool/Spa Setback to side yard
o 8-feet required where 7-feet has been provided (13% relief)
Patio to side yard
0 12-feet required where 3.5-feet has been provided (71% relief)
o Note the patio is required for maintenance of the pool and spa
We believe that the property is in compliance with regard to lot permeability. Table 3: Area and Bulk Schedule indicates
that a minimum of 30% of the lot is to remain permeable where 37% of the lot remains permeable (23% better than
required).
• Principal Structure: 2,675.7 sf
• Accessory Structures: 1,100.0 sf
• Patio: 807.2 sf (1,286.5sf patio area less pool & spa included above)
• Paved Driveway: 1,044.9 sf (1,058.2sf driveway less pool equipment included above)
• Slate Walkway: 125 sf
• Uncovered Steps: 25.1 sf
• Front Steps & Walk: 120.5 sf
Total: 5,898.2 sf total coverage
Richard Roman
From: Michael Tuck <mtuck@balzertuck.com>
Sent: Monday, March 23, 2026 3:29 PM
To: Richard Roman
Cc: Leona Beck
Subject: RE: 28 Fifth Avenue - Zoning Compliance Review
Caution:
This is an external email and may have suspicious content or subject. Please take care when clicking links or opening
attachments. When in doubt, contact IT.
Richard,
The pool equipment issue was not previously pointed out and we were not aware that it was a violation. We would like
to request a variance to keep the equipment at its current location. Is it reasonable to assume this can be added to our
current application?
Thank you,
Mike
From: Richard Roman <Richard.Roman @saratoga-springs.org>
Sent: Monday, March 23, 2026 3:23 PM
To: Michael Tuck <mtuck@balzertuck.com>
Cc: Leona Beck <leonawbeck@gmail.com>
Subject: RE: 28 Fifth Avenue - Zoning Compliance Review
You don't often get email from richard.roman@saratoga^springsorg. Learn why this is important
Michael,
Thank you for the clarification and the information shared. I appreciate the clarification and the information
provided. I will ensure that this information is forwarded to the ZBA for their review to avoid any confusion.
Additionally, there is a concern regarding the Mechanical Pool Equipment Accessory Structure, which does not
adhere to the required setback of 5 feet from any interior and rear property lines. Will your client be applying for
an area variance to address this issue, or will they consider relocating the structure to ensure compliance? The
wood fence appears to be encroaching into neighbors yard as well, but this would be a matter between
neighbors. Please let us how you wish to proceed with the mech/pool equipment structure.
Thank you,
Richard Roman
Zoning Administrator
City of Saratoga Springs
474 Broadway, Suite 32
Saratoga Springs, NY 12866
(518) 587-3550 ext. 2517
1
Total Permeable: 3,551.8sf / 37.6%
If this calculation is not what you are requesting, I will need to jump on a quick call to help identify the appropriate
information that is missing.
Thank you and please do not hesitate to give me a call if you have any additional questions.
Regards,
►=-
Michael J. Tuck AIA, LEED AP
Partner
BALZER L',, TUCK Architecture
468 Broadway Saratoga Springs NY 12866
p 518.580.8818 ext.4008 c 518.879.5432
www.balzertuck.com
From: Richard Roman <Richard.Roman@saratoga-springs.org>
Sent: Monday, March 23, 2026 8:54 AM
To: Michael Tuck <mtuck@balzertuck.com>
Cc: Leona Beck <leonawbeck@gmail.com>
Subject: RE: 28 Fifth Avenue - Zoning Compliance Review
You don't often get email from richard.roman@saratoga-springs.org. Learn why this is important
Additionally, your site plan should identify the zoning districts dimensional standards, and what is existing
verses the proposed, and reliefs requested.
Richard Roman
Zoning Administrator
City of Saratoga Springs
474 Broadway, Suite 32
Saratoga Springs, NY 12866
(518) 587-3550 ext. 2517
From: Richard Roman
Sent: Monday, March 23, 2026 8:39 AM
To: Michael Tuck <mtuck@balzertuck.com>
Cc: Leona Beck <leonawbeck@gmail.com>
Subject: RE: 28 Fifth Avenue - Zoning Compliance Review
Good morning,
Attached you will find the UR-1 Residential Districts Dimensional Standards Table 3-A. I require only the
impervious coverage percentage, not the permeable. If your total building coverage is 39%, please provide the
calculation for all the impervious areas to including the building coverage to show the total impervious
coverage percentage.
You can send this information via email. Alternatively, you may detail the square footage of all impervious
surfaces along with the structures to support your calculations. Ensure that your response clearly outlines the
existing conditions, what is being proposed, and any requested relief(s).
Thank you,
Richard Roman
Zoning Administrator
City of Saratoga Springs
474 Broadway, Suite 32
Saratoga Springs, NY 12866
(518) 587-3550 ext. 2517
From: Leona Beck <leonawbeck@gmail.com>
Sent: Sunday, March 22, 2026 3:47 PM
To: Richard Roman <Richard.Roman@saratoga-springs.org>
Subject: Re: 28 Fifth Avenue - Zoning Compliance Review
Caution:
This is an external email and may have suspicious content or subject. Please take care when clicking links or opening
attachments. When in doubt, contact IT.
Here is the response from my architect:
From: Michael Tuck <mtuck@balzertuck.com>
Subject: Re: 28 5th Variance
Date: March 22, 2026 at 3:13:42 PM EDT
To: Leona Beck <leonawbeck@gmail.com>
Leona,
We indicate in the application that site permeability -is compliant at 37% where 30% was the
minimum required at the time the permit was issued. This is noted within paragraph 2 under the
Area Variance section of the application, found on page 6 of the PDF.
I can issue a letter with all of the relevant zoning information on it if that is necessary but the city
does have the information they are requesting.
Mike
On Mar 16, 2026, at 9:35 AM, Richard Roman <Richard.Roman @saratoga-sprinRS.orR> wrote:
Good morning,
We are in the process of reviewing your area variance application for zoning compliance and
require further information. Please have your design professional calculate the total impervious
areas and provide the Maximum Impervious Coverage percentage. This should encompass all
structures, including decks, pools, concrete patios, walkways, driveways, and any other relevant
covered surfaces. Once we receive this data, we will be able to complete our review and move
your application forward to the Zoning Board of Appeals.
Please feel free to contact us should you require further assistance.
Respectfully,
Richard Roman
Zoning Administrator
City of Saratoga Springs
474 Broadway, Suite 32
Saratoga Springs, NY 12866
(518) 587-3550 ext. 2517
l_� C-\a
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
CITY HALL - 474 BROADWAY
SARATOGA SPRINGS, NEW YORK 12866
TEL: 5 1 5-587-3550 x.5 15 FAx: 5 1 8-580-9480
WWW. SARATOGA-SPRINGS.ORG
IN THE MATTER OF THE APPEAL OF
Thomas E and Leona W Beck
And Louisa Foye
28 and 26 Fifth Avenue
Saratoga Springs, New York 12866
NANCY GOLDBERG
CHAIR
CAROL ANN MAGUIRE
VICE CHAIR
MATHEW VEITCH
SECRETARY
ERIC SCHRECK
JANINE STUCHIN
PELL KENNEDY
GABE ANDERSON
from the determination of the Building Inspector involving the premises at 28 and 26..F1fth Avenue respectively, in the City of
Saratoga Springs, New York being Section 166.61, Block 2, Lot 1, District, on the Assessment Map of said City.
WHEREAS, the appellant having applied for an area variance under the Zoning Ordinance of said City, as amended, to adjust
the common lot line, in an Urban Residential- I District and due public notice having been duly given of a hearing on said
application held on the 7' day of May 2007.
WHEREAS, in consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare
of the community, the Board makes the following resolution and finding of fact that the requested area variance for the
following relief:
AREA VARIANCE
#26 FIFrH AvE
Min, mean width:
100' Proposed:
88,
Total relief requested: 12"
Min. front setback:
30' Proposed:
17.1' (exists) Total relief requested: 12.9'
- Min. side yard to garage:
5' Proposed:
2.3' (exists) Total relief requested: 2.7'
#28 FIFrH AVE
- Min, lot area:
12,500 sq.R.
Proposed:
9450 sq.ft.
Total relief requested:
3050 sq,.ft.
Min. mean width:
100,
Proposed:
62'
Total relief requested:
38'
Min. front setback:
30'
Proposed:
12.3' (exists)
Total relief requested:
ITT
- Min. side setback:
12'
Proposed:
7.4' (exists)
Total relief requested:
4.6'
Min. total side setback:
30'
Proposed:
19.3'
Total relief requested:
10.7'
Min. side yard to garage:
5'
Proposed:
0.3' (exists)
Total relief requested:
4.7'
Min. rear yard to garage:
5'
Proposed:
2.4' (exists)
Total relief requested:
2.6'
Min. lot coverage:
20%
Proposed:
24%
Total relief requested:
4%
As shown on the submitted plans be approved for the following reasons:
I . The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. Adjusting
the lot line is the proposed project. There is no construction proposed in this application. The board received
verbal assurances from the agent that no construction is planned. The lot line located between #26 and #28 Fifth
Avenue is proposed to move west approximately 12 feet for much of its length with an 18 foot adjustment to the
west at the rear of the properties. This will result in a smaller parcel for lot #26 and an enlarged parcel for lot #28.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood
character or detriment to nearby properties. The application is jointly presented by the two properties impacted.
There will be no visual impact on the neighborhood, no obstruction or alteration of views.
The applicant has demonstrated this variance is not substantial. Six of the eleven variances requested are to address
existing nonconforming dimensions of properties that pre -date current zoning codes.
M
I
s, CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
( � 7
CITY HALL - 474 BROADWAY
"f SARATOGA SPRINGS, NEW YORK 1 2856
TEL 5 1 8-587-3550 x.5 15 FAx: 51 B-580-9480
-,.�.�...� WWW.SARATOGA-SPRINGS.ORG
A'r
NANCY GOLDBERG
CHAIR
CAROL ANN MAGUIRE
VICE CHAIR
MATHEW VEITCH
SECRETARY
ERIC SCHRECK
JANINE STUCHIN
PELL KENNEDY
GABE ANDERSON
4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the
neighborhood or district. There is no negative impact on lot permeability. The side yard dimensions between the
properties are proposed to be more balanced.
5. The alleged difficulty is self-created but this is not necessarily fatal to the application.
Adopted by the following vote:
AYES: 7 (N. Goldberg, C. Maguire, M. Veitch, E. Schreck, J. Stuchin,
P. Kennedy, G. Anderson)
NAYS: 0
Dated: May 21, 2007
This variance shall expire 18 months from this date unless the necessary building permit has been issued and actual construction
begun as per Article 240-14.5 G.
6S-Zi- �7
Date Chair
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.
65_—z(-2od9 go
Date
Secretary
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
CITY HALL - 474 BROADWAY
SARATOGA SPRINGS, NEW YORK 1 2866
TEL: 5 1 8-587-3550 x.5 1 5 FAx: 5 1 8-580-9480
WWW. SARATOGA-SPRINGS.ORG
IN THE MATTER OF THE APPEAL OF
Thomas E and Leona W Beck
And Louisa Foye
28 and 26 Fifth Avenue
Saratoga Springs, New York 12866
NANCY GOLDBERG
CHAIR
CAROL ANN MAGUIRE
VICE CHAIR
MATHEW VEITCH
SECRETARY
ERIC SCHRECK
JANINE STUCHIN
PELL KENNEDY
GABE ANDERSON
from the determination of the Building Inspector involving the premises at 28 and.26 Fifth Avenue respectively, in the City of
Saratoga Springs, New York being Section 166.61, Block 2, Lot 1, District, on the Assessment Map of said City.
WHEREAS, the appellant having applied for an area variance under the Zoning Ordinance of said City, as amended, to adjust
the common lot line, in an Urban Residential- I District and due public notice having been duly given of a hearing on said
application held on the r day of May 2007.
WHEREAS, in consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare
of the community, the Board makes the following resolution and finding of fact that the requested area variance for the
following relief.
AREA VARIANCE
#26 FIFrH Ave
- Min. mean width:
100' Proposed:
88'
Total relief requested: 12'
Min. front setback:
30' Proposed:
17.1' (exists) Total relief
requested: 12.9'
Min, side yard to garage:
5' Proposed:
2.3' (exists)
Total relief requested: 2.7'
#28 FIFTH AVE
- Min. lot area:
12,500 sq.ft.
Proposed:
9450 sq.ft.
Total relief requested:
3050 sq.ft.
Min. mean width:
100,
Proposed:
62'
Total relief requested:
38'
Min. front setback:
30'
Proposed:
12.3' (exists)
Total relief requested:
17.7'
Min. side setback:
12'
Proposed:
T (exists)
Total relief requested:
4.6'
Min. total side setback:
30'
Proposed:
19.3'
Total relief requested:
10.7'
Min. side yard to garage:
5'
Proposed:
0.3' (e)ists)
Total relief requested:
43'
Min. rear Yard to garage:
5'
Proposed:
2.4' (exists)
Total relief requested:
2.6'
- Min. lot coverage:
20%
Proposed:
24%
Total relief requested:
4%
As shown on the submitted plans be approved for the following reasons:
The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant: Adjusting
the lot line is the proposed project. There is no construction proposed in this application. The board received
verbal assurances from the agent that no construction is planned. The lot line located between #26 and #28 Fifth
Avenue is proposed to move west approximately 12 feet for much of its length with an 18 foot adjustment to the
west at the rear of the properties. This will result in a smaller parcel for lot #26 and an enlarged parcel for lot #28.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood
character or detriment to nearby properties. The application is jointly presented by the two properties impacted.
There will be no visual impact on the neighborhood, no obstruction or alteration of views.
The applicant has demonstrated this variance is not substantial. Six of the eleven variances requested are to address
existing nonconforming dimensions of properties that pre -date current zoning codes.
^
CITY OF SARATOGA SPRINGS
NANCY GOLDBERG
CHAIR
ZONING BOARD OF APPEALS
CAROL ANN MAGUIRE
VICE CHAIR
CITY HALL - 474 BROADWAY
MATHEW VEITCH
j �...
SARATOGA SPRINGS, NEW YORK 1 2866
TEL: 5 1 8-587-3550 x.5 15 FAX: 5 18 580 9480
SECRETARr
ERIC SCHRECK
i' `G�e•5,.yr„T"
5
W W W. SARATOGA•S P R I N GS . O R G
JANINE STUCHIN
PELL KENNEDY
�Rpno.,cn �9
GABE ANDERSON
4. The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the
neighborhood or district. There is no negative impact on lot permeability. The side yard dimensions between the
properties are proposed to be more balanced.
S. The alleged difficulty is self-created but this is not necessarily fatal to the application.
Adopted by the following vote:
AYES: 7 (N. Goldberg, C. Maguire, M. Veitch, E. Schreck, J. Stuchin,
P. Kennedy, G. Anderson)
NAYS: 0
Dated: May 21, 2007
This variance shall expire 18 months from this date unless the necessary building permit has been issued and actual construction
begun as per Article 240-14.5 G.
Date Chair
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.
6�-2-1-2(:)d9
Date
ph��,�. 0
Secretary
.4
4
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
il.
CITY HALL - 474 BROADWAY
SARATOGA SPRINGS, NEW YORK 1 2866
TEL: 5 1 8-5B7-3550 x.51 5 FAx: 51 8-580.9480
WWW. SARATOGA-SPRINGS. ORO
IN THE MATTER OF THE APPEAL OF
Thomas and Leona Beck
r
28 Fifth Avenue
Saratoga Springs, NY 12866
MARY ANNE MACICA
CHAIR
CAROL ANN MAGUIRE
DICE CHAIR
JANINE STUCHIN
SECRETARY
NANCY GOLDBERG
ERIC SCHRECK
KEITH KAPLAN
BILL MOORE
GARY HASBROUCK
From the Building Inspector's determination for the residence located at 28 Fifth Avenue.
Identified as Section 166.62, Block 2 and Lot 1, within the inside taxing district of the City of Saratoga Springs.
The applicant has applied for an area variance for relief from the side yard setback, total side yard setback as
well as the maximum lot coverage of a principal building requirements.
Subject property is located in an UR-1 zoning district and a public hearing was duly given on March 5 and
March 12 in the year 2009.
In consideration of the balance between benefit to the applicant with detriment to the health, safety, and welfare
of the community, the Board makes the following resolution and finding of fact that the requested area variance
for the following relief, as described and submitted in the application and plans and any lesser dimensions be
Granted.
Area Variance
Existinci
Proposed
Total Relief Requested
Side Yard Setback
12 feet
8 feet 5 inches
3 feet 7 inches
Total Side Yard Setback
30 feet
22 feet 6 inches
7 feet 6 inches
Maximum Lot Coverage
20%
30%
10%
Area Variance Considerations:
The benefit cannot be achieved by other means feasible to the applicant for the following
reasons:
The location of the addition is on the rear of the structure. The existing building already would have pre-
existing and non -conforming requirements of the UR-1 district.
2. The desired benefit will not produce an undesirable change in neighborhood character or detriment to
nearby properties for the following reasons:
The existing use of the property will not change. The addition, in both use and design, is in conformity
to the neighborhood. The additional impervious area proposed is offset by the additional land acquired
in 2007.
3. There will be no adverse physical or environmental effects in relation to the proposed addition.
4. The difficulty is self-created, but this is not, by itself, fatal to the application. The applicant acknowledges
that the difficulty is self-created.
It is so moved on March 12, 2009
Please Note: The following approvals are required: Design Review Commission, Historic Review_
Adopted by the following vote:
AYES: 7 (M. Macica, .C. ,Maguire, J. Stuchin, N. Goldberg, K. Kaplan, B. Moore,
G. Hasbrouck)
NAYES: , 0
Dated: March 12, 2009
This variance shall expire 18 months from this date unless the necessary building permit has been issued and
actual construction begun as per Article.240-14.5 G.
Date Chair
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.
Date S etary
a
�L-1 C� 1_�
DESIGN REVIEW COMMISSION
CITY OF SARATOGA SPRINGS
n
•.....�_ a ? un
City Hall, 474 Broadway
Saratoga Springs, New York 19,866
s~a,r sue}
Telephone 518-587-5550
0RPURA`TED �9\y
Fax 618-680-9480
www. s arato ga-spri ngs. org
NOTICE OF DECISION
In the matter of the application of
Robert & Nancy Marzoli
28 Fifth Avenue.
Saratoga Springs, NY ' 12866
involving the premises at 28 Fifth Avenue in the City of Saratoga Springs, on an
application for Architectural Review with the Design Review Commission who met on
December 12, 2002, and made the following decision:
Q Approved as submitted with the following conditions:
• shingles will overlap flashing with no metal in the valley
• architectural shingles to be used
• new deck.will use mahogany
Q The following to return for administrative action approval:
• style and textureof the architecturalshingles
As a result of this decision the applicant:
Q may,proceed with the required permit approval process
The applicant is required to contact the Building Inspector to obtain -a:
Q Building Permit
g 0
Date -Chair
cc: Michael Biffer, Building Inspector
Accounts Office
Robert & Nancy Marzoli .
Teakwood Builders, Inc. .
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Property Details - 28 Fifth Ave, Saratoga Springs, 12866 - 166.62-2-20 - SWIS: 411501 (Saratoga Springs)
Structure
(3i.iildirx� ,
Building Style
08 - Old style
Number of Stories
2.0
Exterior Wall Material
01 -Wood
Actual Year Built
1909
Eff. Year Built
Year Remodeled
Number of Kitchens
1
Number of Full Baths
4
Number of Half Baths
1
Number of Bedrooms
5
Number of Fireplaces
1
Heat Type
3- Hot wtr/stm
Fuel Type
2 - Natural Gas
Central Air
Yes
Basement Type
4 - Full'.
: Total Sq Ft
3296
1st Story Sq Ft
1524
2nd Story Sq Ft
1547
1/2 Story Sq Ft
3/4 Story Sq Ft
Additional Story Sq Ft
Finished Attic Sq Ft
225
Finished Basement Sq Ft
Finished Rec Room Sq Ft
Finished Over Garage Sq Ft
Condition
3 - Normal
2025 Final Assessment Information
Land Assessed Value
$245,000
Total Assessed Value_
$616,100
Equalization Rate
40.50%
Full Market Value
$1,521,200
Partial Construction
No
County Taxable
$616,100
Municipal Taxable
$616,100
School Taxable
$616,100
Village Taxable
$0
Roll Section
1
Property Description
View Property on GIS Map
Property Location
28 Fifth Ave
Property Type
210 -1 Family Res
Neighborhood Code
15170
SWIS
411501
Water Supply
3 - Comm/public
Utilities
4 - Gas & elec
Sewer Type
3 - Comm/public
Zoning
UR1 UR1
School
Saratoga Springs Csd
Book
2025
Page
10364
Grid East
686286
Grid North
1547611
Acres
0.22
Front
62.00
Depth
0.00
Survey Map(s)
0-1 B-586
Agricultural District
No
Account Number
116-040-09
Last Property Sale
Deed Date
04/16/2025
Deed Book
2025
Deed Page
10364
Contract Date
Sale Date
04/10/2025
Full Sale Price
$0
Net Sale Price
$0
Usable For Valuation
No
Arms Length
No
Prior Owner
Thomas Beck
Ci�i1Qf �i ii6 YYY}<tC%;11
Owner Name Address 1
Address 2 PO Box
City
State
Zip Unit Name Unit Number
Thomas Beck 28 Fifth Ave
Saratoga Springs
NY
12866
Leona Beck 28 Fifth Ave
Saratoga Springs
NY
12866
S ,II'e,:
Deed .Deed
Contract
Last Physical Inspection Sale
Net Sale Usable for
Arms
Deed Date
Sale Date
Prior Owner
Book Page
Date
Date Price
Price
Valuation
Length
04/16/2025 2025 10364
04/10/2025
$0
$0
No
No
Thomas
Beck
03/24/2022 2022 10975
03/21/2022
$1
$1
No
No
Thomas
Beck
No Exemption Data Found
...and
Site # Land Type
Acres
Front Depth
Sq Ft
Soil Rating
1 01 - Primary
0.22
Iiri��a: recn
Site # Structure Code
SgFt Dimensions
Quantity Overall Condition
Actual Year Built Effective Year Built
1 RG4 - Gar-1.0 det
20.00 x 22.00
1.00 3 - Normal
1909
1 RP2 - Porch-coverd
268.00
1.00 3 - Normal
2003
1 RP5 - Porch -up opn
3.00 x 14.00
1.00 3 - Normal
2003
1 RP1 - Porch-open/deck
9.00 x 14.00
1.00 3 - Normal
2003
sppcid( Dist'ICIS
Code Description
Type
Primary Units Secondary Units Amount
SE010 - County sewer dist #1
A
0.00 0.00
$616,100.00