HomeMy WebLinkAbout20260082 165 Elm 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)
#20260082
IN THE MATTER OF THE APPEAL OF
Sean O’Keeffe
165 Elm St.
Saratoga Springs, NY 12866
from the determination of the Building Inspector involving the premises 165 Elm Street in the City of Saratoga
Springs, New York being tax parcel number 165.74-1-16 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 an HVAC condenser unit and a second story addition in the UR-2 district and public notice having
been duly given of a hearing on said application on May 4, 2026.
In consideration of the balance between benefit to the applicant 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 TO SIDE (CONDENSOR) 5 FT 0 FT 5 FT (100%)
INTERIOR SIDE (2ND STORY ADDITION) 4 FT 2 FT 2 FT (50%)
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. Achievability by Other Means: The applicant has demonstrated this benefit cannot be achieved by
other means feasible to the applicant. The applicant would like to maintain the position of an HVAC
condenser that currently sits over the side property line, as well as maintain a second story addition that is
within the side setback. Per the applicant, the a/c unit and addition were added to the property by a
previous owner in 2018, and the applicant was not notified of any issues with the property during the
purchase. The a/c unit has an easement with the neighbor to allow it to stay in its current location. No
practical alternatives are available, and no additional land is available for purchase.
2. Undesirable Change: The applicant has demonstrated that granting this variance will not create an
undesirable change in neighborhood character or detriment to nearby properties. The Board notes that
the condenser and addition have been in place since 2018. Per the applicant, no complaints have been
filed with the city regarding an undesirable change in the neighborhood. The Board notes that the second
story addition was placed on top of a first floor that was already at the 2 foot setback, and this addition
was done in 2018 when this property was UR-3 with a 4 foot setback requirement.
3. Substantiality: The Board finds that the variances are significant. While the variances are 100% and
50%, the substantiality is mitigated by the factors described above.
Page 2 of 2
4. Adverse Effect or Impact: The Board finds that the variances will not have significant adverse physical
or environmental effects on the neighborhood or district. Per the applicant, the variance is solving
administrative issues regarding a minor error in land surveying. The property will continue to meet
district permeability requirements.
5. Self-Created Difficulty: The alleged difficulty was created by the previous owner, and while the
applicant could be responsible for creating this difficulty, it is not necessarily fatal to the application.
Condition: Easement with neighbor for encroachment of HVAC equipment shall be reviewed by City legal
counsel and confirmation provided of recording and filing of easement with the County Clerk.
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