HomeMy WebLinkAbout20260131 22 Fifth 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)
#20260131
IN THE MATTER OF THE APPEAL OF
Kathleen McCarthy
15 Franklin Ave
Alexandria VA 22314
From the determination of the Building Inspector involving the premises at 22 Fifth Ave in the City of Saratoga
Springs, New York being tax parcel number 166.61-2-37 in the UR-1 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 remodel of an existing
single-family home. This project will extend the existing foundation on North & East side and South & West side
for more living space. Notice of a public hearing having been duly given on
April 20 and May 4, 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
MAXIMUM BUILDING COVERAGE 28% 30.09% 2.09% OR 7.5%
MINIMUM FRONT SETBACK 30 FT 11.8 FT 18.2 FT OR 61%
MINIMUM CORNER SIDE SETBACK 25 FT 14.7 FT 10.3 FT OR 41%
PATIO CORNER SIDE SETBACK
25 FT 14.7 FT 10.3 FT. OR 41%
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. The applicant has considered alternative
designs and states the proposal represents the minimum feasible solution. There is no additional land
available for purchase
2. Undesirable Change: The proposed porch extension will make the home more in character with other
homes in the neighborhood. Other changes will preserve the scale and appearance of the property. The
Board finds the project does not create undesirable change in the character of the neighborhood or a
detriment to surrounding properties
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. Comparable dimensions were provided in the
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neighborhood. The building coverage is reduced by removing the existing ramp and breezeway.
4. Adverse Effect 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. The
Board notes that the plan includes the removal of a concrete ramp, thus increasing permeable space.
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: May 4, 2026
Passes by the following vote:
AYES: 6 (G. Simpson, B. Dailey, O. Maxwell, C. LaPointe, A. Demma, 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, six members of the Board
being present.
SIGNATURE:
CHAIR