HomeMy WebLinkAbout20260253 10 Joseph 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)
#20260253
IN THE MATTER OF THE APPEAL OF
Marian Roth and Stanley Potrzuski
10 Joseph Street, Saratoga Springs, New York
From the determination of the Building Inspector determined that certain application involving the premises
at 10 Joseph Street in the City of Saratoga Springs, New York (“City”) being tax parcel number 178.25-1-8.2
on the Tax Maps of City (the “Zoning Denial”).
The Applicant appealing such Zoning Denial, has applied for an area variance under the UDO of the City to
permit the extension and construction of a 12’x14’ deck addition in the Urban Residential-2 (UR-2) District
and public notice having been duly given of a hearing on said application held on the May 4, 2026.
In consideration of the balance between benefit to the applicants with detri ment 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 Setback 8 ft 4 ft 4ft (50%)
Total Interior Side Setback 20 ft 19.8 ft 0.2 ft (1%)
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. The Applicants credibly established that alternative locations
for the deck are constrained by the existing cellar entry and egress, driveway placemen t, and overall
site configuration.
2. Undesirable Change. The Applicant has demonstrated that granting the area variance will not produce
an undesirable change in the character of the neighborhood or a detriment to nearby properties. The
proposed deck is accessory in nature, modest in scale, and consistent with surrounding residential
development. Adjacent neighbors at 90 Elm Street and 8 Joseph Street expressed support for the
proposal.
3. Substantiality. The requested relief is numerically substantial with respect to the interior side yard
setback; however, the Board finds that the physical impact is limited, involves a small residential
deck, is partially mitigated by the de minimis total side yard variance of 0.2 feet (1%), and will not
set an undesirable precedent.
4. Adverse Effect or Impact. The variance will not have a significant adverse physical or environmental
effect on the neighborhood or district. The property will meet the minimum permeability
requirements.
5. Self-Created Difficulty. The alleged difficulty is considered self-created insofar as the Applicant
desires to enlarge their existing deck, however this is not fatal to the application.
Dated: May 4, 2026
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Passes by the following vote:
AYES: 5 (B. Dailey, J. Cohen, O. Maxwell, C. LaPointe, A. Demma, S.
Harrigan)
NAYS: 1 (G. Simpson)
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 re solution duly adopted by the Zoning
Board of Appeals of the City of Saratoga Springs on the date above mentioned, six members of the Board
being present.
SIGNATURE:
CHAIR