HomeMy WebLinkAbout20260272 34 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)
#20260272
IN THE MATTER OF THE APPEAL OF
Andrea Peek
34 York Avenue
Saratoga Springs, New York 12866
from the determination of the Building Inspector involving the premises at 34 York Avenue in the City of Saratoga
Springs, New York being tax parcel number 168.45-4-79, 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 placement of two
HVAC units within interior side setback and public notice having been duly given of a hearing on said application
on May 18, 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
ACCESSORY INTERIOR SIDE SETBACK
HVAC UNIT (2) 4 SQ FT
5FT 0FT 5FT OR 100%
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. Achievability by Other Means: Relief is sought for a HVAC system servicing a residence built on a
nonconforming lot. The applicant discovered the HVAC units had been installed over the property line
and wishes to place the units as far as possible within the property line while maintaining functionality of
the HVAC system. The outer wall of the house is at its farthest point 4ft from the property line and at one
point 1.7ft. No additional land is available for purchase. The HVAC system cannot be moved to another
location on the lot while maintaining functionality.
2. Undesirable Change: Applicant demonstrated with comparable photographs that there are several
houses in the immediate neighborhood which also have HVAC units within the interior side setback. The
Board does not find the requested variance would create undesirable change in the neighborhood.
3. Substantiality: The Board finds that the requested variance in interior side setback is significant, but
mitigated by the lack of achievable alternatives.
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.
5. Self-Created Difficulty: The alleged difficulty is self-created insofar as the applicant’s desire to
maintain functionality of the HVAC system, but this is not necessarily fatal to the application.
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Dated: May 18, 2026
Passes by the following vote:
AYES: 4 (G. Simpson, O. Maxwell, 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, four members of the Board
being present.
SIGNATURE:
CHAIR