HomeMy WebLinkAbout20260185 28 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
Lynn Blasso (Alternate)
#20260185
IN THE MATTER OF THE APPEAL OF
Leona Beck
28 Fifth Ave
Saratoga Springs, NY 12866
from the determination of the Building Inspector involving the premises 28 Fifth Ave. in the City of Saratoga
Springs, New York being tax parcel number 166.62-2-20 on the Assessment Map of said City.
The applicants having applied for an area variance under the 2012 Zoni ng Ordinance of said City to bring
into compliance the construction of pool, hot tub, firepit, and concrete patio that was completed in 2016, and
public notice having been duly given of a hearing on said application held between May 18, 2026 and June
1, 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
MAX. ACCESS. BLDG. COVERAGE %
SWIMMING POOL / HOT TUB
8% 11.6% 4%
INTERIOR SIDE SETBACK
ACCESSORY STRUCTURE – POOL EQUIP.
8 FT. 7 FT. 1 FT. OR 13%
INTERIOR SIDE SETBACK
NON-PERMITTED ENCROACHMENT
5 FT 0 FT 5 FT. OR 100%
CONCRETE PATIO / FIRE PIT 10 FT. 3.5 FT. 6.5 FT. OR 65%
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the
applicant. The applicant would like to bring a previously constructed pool and hardscaping project
into compliance. The applicant submits that there is no adjoining land available for purchase.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The Board finds that the applicant has
demonstrated that the requested variance aligns with other properties in the neighborhood. The
Board notes that the improvements in question have been there since 2016.
3. The Board finds the requested variances are substantial, but notes the character of the neighborhood
mitigates this concern as the proposal is similar to other neighboring properties. The Board notes
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that this is an undersized lot.
4. The Board finds that these variances will not have significant adverse physical or environmental
effect on the neighborhood or district. The property will adhere to the standard district permeability
requirements.
5. The alleged difficulty is self-created insofar as the applicant’s desire to bring a previously
constructed project into compliance, but this is not necessarily fatal to the application.
Dated: June 1, 2026
Passes by the following vote:
AYES: 6 (G. Simpson, B. Dailey, J. Cohen, 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, six members of the Board
being present.
SIGNATURE:
CHAIR