HomeMy WebLinkAbout20260269 38 Beekman and 48 Ash SUB 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
Otis Maxwell
Chris LaPointe
Steve Harrigan
Lynn Blasso, Alternate
#20260269
IN THE MATTER OF THE APPEAL OF
Erin Pankonin and Neil Rinehimer
116 Cobble Hill Drive
Gansevoort, NY 12831
from the determination of the Building Inspector involving the premises at 38 Beekman and 48 Ash Streets in
the City of Saratoga Springs, New York being tax parcel numbers 165.74-2-27 and 165.74-2-28 on the
Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to permit the subdivision of their
property in the Arts and Culture (AC) District and public notice having been duly given of a hearing on said
application held on July 27 through September 28, 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 variance for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT
DIMENSIONAL
REQUIREMENT
PROPOSED RELIEF REQUESTED
MINIMUM LOT SIZE (38 BEEKMAN): 6600 sq. ft. 2300 sq. ft. 4300 sq. ft. (65%)
MINIMUM AVG. LOT WIDTH (38 BEEKMAN): 60 ft. 46 ft. 14 ft. (23%)
MINIMUM LOT SIZE (48 ASH): 6600 sq. ft. 2700 sq. ft. 3900 sq. ft. (59%)
MINIMUM AVG. LOT WIDTH (48 ASH): 60 ft. 50 ft. 10 ft. (16.7%)
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the
applicants. The applicants purchased the two properties prior to the UDO 19.4.B.4.a. regulation that
combines adjoining properties if both are undersized, non-conforming and are held under a common
owner. The applicants would like to subdivide back to separate lots. There is no adjoining land
available for purchase.
2. The applicants have demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The Board finds that the properties were pre-
existing, non-conforming and will return to similar sizes when subdivided. The applicants also provided
comparable properties in the neighborhood.
3. The Board finds that while the requested variances may be considered substantial, the substantiality is
mitigated by the factors described above.
4. The Board finds that these variances will not have significant adverse physical or environmental effects
on the neighborhood or district. The properties will adhere to the standard district permeability
Page 2 of 2
requirements.
5. The alleged difficulty is self-created insofar as the applicants’ desire to subdivide their property, but this
in not necessarily fatal to the application.
It is so moved: September 28, 2026
Passes by the following vote:
AYES: 6 (G. Simpson, O. Maxwell, A. Demma, C. LaPointe, S. Harrigan, L. Blasso)
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