HomeMy WebLinkAbout20260311 9 Cleveland 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
# 20260311
IN THE MATTER OF THE APPEAL OF
James Fahey
9 Cleveland Avenue
Saratoga Springs, New York 12866
From the determination of the Building Inspector involving the premises at 9 Cleveland Avenue in the City of
Saratoga Springs, NY, being tax parcel number 178.52-3-15.1 on the Assessment Map of said City. The applicant
having applied for an area variance for a deck addition to an existing single-family residence in the Urban
Residential -2 (UR-2) District. Public notice having been duly given of a hearing on said application from June
22nd-July 13th, 2026.
In consideration of the balance between the benefit to the applicant with detriment to the health, safety and welfare
of the community, I move that the following variance for the following amount of relief:
Type of Requirement
District Dimensional
Requirement
Proposed
Relief Requested
Rear Yard Setback 25’ 15’ 10’ (40%)
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 wishes to expand upon the current rear deck. The
expansion will allow for the deck to continue to be flush to the main structure and the current deck
could not be expanded to the north due to a basement egress window. The applicant has considered
other alternatives, but they were deemed unfeasible to the applicant. The board notes there is no
additional land for purchase.
2. Undesirable Change: The applicant has demonstrated that granting this variance will not create an
undesirable change in neighborhood character and does not negatively alter the streetscape.
Neighborhood comparables for rear setbacks were presented and there was positive feedback via public
comment.
3. Substantiality: The requested variance is considered to be substantial but is mitigated by the factors
above.
4. Adverse Effect or Impact: The applicant has demonstrated that granting this variance will not have an
adverse physical or environmental effect on the neighborhood. District permeability will be met.
5. Self-Created Difficulty: The request for relief is a self-created hardship as the applicant wishes to
expand the rear deck but self-creation is not necessarily fatal to the application.
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It is so moved, July 13th, 2026
Passes by the following vote:
AYES: 6 (G. Simpson, B. Dailey, O. Maxwell, A. Demma, C. LaPointe, 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