Zoning Board of Appeals
Regular MeetingSaratoga Springs, NY · July 10, 2023
Minutes
ZONING BOARD OF APPEALS
MINUTES (DRAFT)
MONDAY, JULY 10, 2023
6:30 P.M.
CITY COUNCIL CHAMBERS
CALL TO ORDER: Cherie Grey- Interim Chair, called the meeting to order at 6:32P.M.
PRESENT: Cheryl Grey- Interim Chair, Emily Bergmann, Brenda Dailey, Shafer Gaston, A. Smith
ABSENT: Gage Simpson- Chair, Brad Gallagher- V. Chair
STAFF: Aneisha Samuels, Senior Planner, City of Saratoga Springs
Jackie White, Counsel to the Land Use Boards
ANNOUNCEMENT OF RECORDING OF PROCEEDING:
The proceedings of this meeting are being recorded for the benefit of the secretary. Because the minutes are not
a verbatim record of the proceedings, the minutes are not a word-for-word transcript of the recording.
ZBA APPLICATIONS UNDER CONSIDERATION:
NEW BUSINESS:
1. #20230358 182 Excelsior Area Variance, 182 Excelsior Avenue, Area variance to permit a 2-lot subdivision
within the Urban Residential -4 (UR-4) District.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIREMENT PROPOSED RELIEF REQUESTED
3000 sqft/du
Min Lot Size 2228 sqft/ du 772sqft or 25.7%
The application was represented by Walt Lippmann, also present Mike Tuck. Walt noted the location of the
project. He provided an aerial map with the neighboring zoning districts. He discussed the original project
design which included the demolition of the historic structures. He noted after is initial project review by the
planning board it was recommended the structures be preserved. This resulted in the most recent iteration which
included a proposed subdivision and the relocation of the historic structures and a connection to the spring run
trial. Lot 2 meets the requirement for density. He noted the project proposal is to have 1 dwelling unit per
22oosqft instead of the required 3000sqft. He discussed neighboring multi family dwelling units in the
neighborhood under the 3000sqft although they were in different zoning districts they are part of the
neighborhood.
Mike Tuck noted the original plan was to demolish the existing structure. However since those buildings are
being preserved the new structures had to be scaled to an appropriate mass and scale in relation to the existing
historic structures. He noted the proposed materials are consistent with the recommendations from the Design
Review Board. He noted the proposal includes 9 units per building and there will be 4 buildings. He noted the
intent is to preserve the prominence of the historic structures and have the new building complementary
background buildings.
Cherie asked for confirmation on the number of stories Mike confirmed that the building will be 3.5 stories if
you also count the attic space. He also confirmed that there will be 2 dwellings in the carriage house. Mike
confirmed the relief is only required for the larger lot.
Shafer asked for confirmation on the sq. footage of living space, mike conformed it would be approximately
1100sqft of living space. Shafer asked for conformation on the accessibility to transit and bus stops. Mike noted
that further investigation into transit will be done during the planning board review phase. He noted during
sketch plan the planning board asked for more information regarding connectivity. Shafer asked if the applicant
considered keeping the lot together that would result in a lesser ask from the Board. Mike noted since the
structures will be preserved from a financial perspective it makes sense to separate the condominium section
from the rental units. He noted if it was one lot the sq. footage would slightly improve to app 2400sqft/du
instead of the 2200sqft/du.
Brandon asked for more information regarding storm water and permeability. He noted housing is desperately
needed in Saratoga. Walt noted there was 1 non jurisdictional wetland on the property. He further noted
measures are being put in place to improve drainage through landscaping and storm water management areas.
He further noted the plan is to keep as many trees on the property as possible.
Cherie noted the planning Board issued a favorable advisory and a negative SEQR Declaration.
Emily noted based on the proposed density if there will be 10 additional unites. Mike confirmed the reduction in
sq. footage will allow for 10 additional units.
Alice asked for conformation regarding the rental and sale of the units. Mike noted the plan is to make the
homes attainable at 15-20% below market value. The condominium units will be for sale.
Cherie asked about the parking. Mike noted he parking requirements will be met.
Cherie opened public hearing at 7:04pm
Laura Rapaport at 22 excelsior Spring Avenue. She noted she has lived here for 22 years, and she previously sat
on the planning board and although she is not here in that capacity. She noted she is not opposing the project
however she strongly recommends it be scaled back. She further noted there needs to be significant
consideration regarding the safety for pedestrians and motorist. She noted if the variance was to be approved
there needs to be some conditions. She further noted as it pertains to neighborhood context, is primarily single
family except for the water bottling plant. She noted she strongly disagrees with the planning boards favorable
advisory or negative SEQR. She also states the role of the board is to balance the applicant’s needs to the
impacts on the neighborhood. She further noted the board should not consider the financial implications as that
is not part of the evaluation criteria.
Public hearing remains open.
City of Saratoga Springs - Zoning Board of Appeals – July 10, 2023 - Page 2 of 15
2. 20230396 402 Lake Area Variance Extension , 402 Lake Avenue, Area variance extension to permit the
construction of a new convenience store within the Rural Residential (RR)District.
Chuck Marshal represented the application. He disclosed he is a member of the planning board. He noted the
application previously received approval that has since expired. He noted there is a negative SEQR. He noted he
received the DRB ad Planning Board approval. He noted when he applied for the building permit the office
noted the variances expired. Cherie asked if any aspect of the project has changed. The applicant noted nothing
has changed with project.
Cherie opened public hearing at 7:14, no comments were heard. Cherie Closed Public hearing at 7:15 and
presented the following motion.
#20230396
IN THE MATTER OF THE APPEAL OF
Stewart’s Shops Corporation
402 Lake Avenue
Saratoga Springs, NY 12866
Based on the submitted evidence that the application for an extension of a granted area variance does not differ
from the original application and approval, and that there have been no changes in the condition of the property
or neighborhood warranting otherwise, the Board moves that the application of Stewart’s Shops Corporation for
the property located at 402 Lake Avenue in the City of Saratoga Springs, and identified as tax parcel 166-3-26
that was granted on September 27, 2021 for construction of a new commercial structure with gasoline fueling
canopies in a Rural Residential District, be approved and that the variance approval be extended from 18
months from the date that such resolution would have expired, March 27, 2023 with the new expiration date to
be September 27, 2025. The variance shall expire on September 27, 2025 unless the necessary building permit
has been issued and actual construction begun as per the Zoning Ordinance or otherwise further extended.
It is so moved, dated: July 10, 2023, Seconded by Emily Bergmann
Adopted by the following votes:
AYES: 5 (C, Grey, S. Gaston, B. Dailey, A. Smith, E. Bergmann)
NAYES:
3. 20230383 Cardona’s Area Variance Modification , 222 Washington, Area variance extension to permit the
construction of a new convenience store within the Rural Residential (RR)District.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIREMENT PROPOSED RELIEF REQUESTED
Max cumulative area of 1 story 3000 sqft
3820sqft 820sqft or 27.3%
building
Min Height 24’ 14’ 10’ (41.7%)
Min build out Percentage 50’ 0’ 50’ (100%)
City of Saratoga Springs - Zoning Board of Appeals – July 10, 2023 - Page 3 of 15
The application was presented by John Primo. He noted the previous land use board approval was granted from
all three land use board. He noted since that approval the project has been modified. He noted the owner is
planning to reduce the size of the building due to construction costs. He noted building height and elevation
remains the same. The change will be on the size of the building. The exiting shell of the building will remain
as is and the new areas will no longer be flush with the existing building. He noted there is 5/6ft parapet with
everything draining to the back. He noted the new relief is an improvement as it pertains to the cumulative area
of 1 story. He noted the build out percentage is the same 0%, just less area. Also there is an improvement in the
parking spaces being provided.
Shafer asked if the permeability will be increased. The applicant noted the paved area will be reduced. He noted
the additional build out will be over paved area and not worsening the drainage. The Dave Carr noted the
change in permeability net neutral.
Cherie opened public hearing at 7:33pm. No comments were heard.
Public hearing was closed at 7:33 and Cherie resented the following motion.
#20230383
IN THE MATTER OF THE APPEAL OF
Cardona’s Market
222 Washington Street
Saratoga Springs NY 12866
From the determination of the Building Inspector involving the premises at 222 Washington Street in the City
of Saratoga Springs, New York being tax parcel number 165.65-3-10.1 on the Assessment Map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit a
renovation and rear addition to the existing building within the Transect-4 Urban Neighborhood (UN/T-4)
District and public notice having been duly given of a hearing on said application held on November 28th, 2022.
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 amount of relief:
TYPE OF REQUIREMENT DISTRICT REQUIREMENT PROPOSED RELIEF REQUESTED
Maximum Cumulative Area of 3000sqft 3820sqft 820’ (27%)
1 story building
Minimum Height 24’ 14’ 10’ (41.7%)
Minimum 50’ 0’ 50’ (100%)
Build-Out Percentage
As per the submitted plans or lesser dimensions, be APPROVED for the following reasons:
City of Saratoga Springs - Zoning Board of Appeals – July 10, 2023 - Page 4 of 15
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the
applicants. The applicant wants to conduct a renovation and rear addition to their building in order to
expand their business. The applicant received variances and a favorable resolution (#20210935) but later
found the construction costs where higher than anticipated.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in
neighborhood character or detriment to nearby properties. The business has been in this location for an
extended period of time and does not alter the current character of the street/neighboring properties
3. The Board notes the requested variances are substantial but not necessarily detrimental to the
application. The rear addition was reduced in size resulting in lesser relief needs. The Height and Build
out percentages are due to the pre-existing nature of the building
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood
or district. Standard permeability requirements will be met.
5. The alleged difficulty is considered self-created insofar as the applicant desires to construct the addition;
however, this is not necessarily fatal to the application.
It is so moved, dated: July 10, 2023
Seconded by Emily Bergmann
Adopted by the following votes:
AYES: 5 (C. Grey, S. Gaston, B. Dailey, A. Smith, E. Bergmann)
NAYES:
4. #20230279 43 Granite Porch Area Variance, 43 Granite Avenue, Area variance to permit the construction
of a front porch with roof within the Urban Residential -3 (UR-3) District.
Edward Baker represented the application he noted his wife and him purchased the property in 2013. They did
significant renovation. The intent of this proposal is to build a porch which is more consistent with the
neighborhood. They currently have a stoop and smaller porch and it is in significant disrepair. The stairs are a
hazard due to the difference in rise and run. He noted the neighboring porch is 4ft to the setback. He noted his
porch is way back.
Shafer noted the application that was filled is not reflective of what was presented tonight. He noted in the
application the applicant stated the hardship is not self-created. Shafer noted that since the applicant purchased
the home and want to add the porch the hardship seems self-created although it is not detrimental to the
application. He also stated he would need written documentation of the neighborhood comps and context. He
further noted the applicant should work with city staff to add material to the application for the record.
Cherie stated the she needs a survey to show where the proposed addition will be. The drawings and elevation
drawings presented are not adequate. The applicant noted he didn’t provide the survey but felt the elevation
drawings were adequate. He further stated he will provide the drawings.
Alice noted she would like see the drawings and plans.
City of Saratoga Springs - Zoning Board of Appeals – July 10, 2023 - Page 5 of 15
Brendan noted he would appreciate additional information regarding the neighborhood context.
Shafer noted the applicant should reach out to city staff to confirm the receipt of the information.
Aneisha Samuels noted if the property is in the UR-3 then there may not be a need for the variances being
requested. She further noted she will need to confirm the zoning relief being requested with the zoning officer.
Cherie opened public hearing at 7:53pm. No comments were heard.
5. 20230335 9 Clark Zoning Interpretation , 9 Clark Street, Zoning Interpretation of the 1973 Zoning Code
section 135-33 and a 1983 Variance Approval.
The application was presented by Stephanie Ferradino. She noted the property is located in the UR-3 District.
She noted the property was purchased in 2019 by her clients. She noted it was during a routine inspection that
they discovered the 4th unit was not permitted as there was no Certificate of Occupancy/ CO. She further noted
the lot is unusually shaped. In 1979 there were 4 units/buildings on the site and 1 was removed to increase the
parking. At that time an application was made to place a 4th unit in the main house. At that time a variance
approval was issued in 1983 to permit the 4th unit. It was constructed. However no building permit was issued.
She further argues that variances run with the land and there is no time limitation at that time. She noted the
zoning code at that time had no expiration clause or time limitations. She further noted that since those
limitations were absent then the variance should go with the land. She further discussed how time limitations
evolved in the City. She noted Mr. Biffer 1992 determination, and stated he was reviewing the wring code and
Mr. Shaw’s determination followed a similar procedure and used the wring code.
Cherie disclosed she knows the applicants however it doesn’t impact on her ability to make a decision. She
noted she appreciates Stephanie’s presentation.
Aneisha Samuels noted that a subsequent city council decision would preclude this approval from being valid.
Jackie noted she us unclear where we are procedurally. She further noted she believes there needs to be some
further discussion with the zoning officer.
Cherie opened public hearing at approximately 8:15pm, no comments were heard.
Shafer noted he has some questions for the applicant. He wanted some clarification regarding the validity of the
expiration clause.
Aneisha Samuels noted it would be a use variance to permit the 4th unit in this district.
6. 20230325 151- 153 Nelson Subdivision, 151 & 153 Nelson Avenue, Area variance to permit a subdivision in
the Urban Residential -3 District
AREA VARIANCE CONSIDERATIONS:
City of Saratoga Springs - Zoning Board of Appeals – July 10, 2023 - Page 6 of 15
TYPE OF REQUIREMENT REQUIREMENT PROPOSED RELIEF REQUESTED
Setback – Front (LOT 1) 10’ 4.4’ 5.6’ (56%)
Setback - Interior Side (LOT 1) 5’ 2.3’ 2.7’ (54%)
Parking (LOT 1) 14 10 4 (28.6%)
Min Ave. Lot Width (Lot 2) 60’ 33’ 27’ (45%)
Setback – Interior Side (Lot 2) 5’ 2.2’ 2.8 (56%)
Parking (Lot 2) 10 6 4 (40%)
Setback - Interior Side (Lot 3) 5’ 4.8 0.2’ (4%)
Dave Carr represented the application. He noted there two existing building on the properties as there are two
existing parcels, including an existing 5 and 7 unit. He noted provided a detail description of the existing
conditions on the properties. He presented the proposed lot lines for the additional lot. Making it a total of three
lots being proposed. The proposal is to create a lot around the barn and market it as a single family lot. The
though is to make lot three as compliant as possible on requesting the interior side to the existing barn. He noted
he is aware they need to go to the planning board for advisory and later subdivision approval. He noted the
proposed parking is taking into consideration what he believes the planning board would recommend. He noted
the proposed parking off north lane is similar to what it is now only deeper to meet code.
Brendan Dailey presented a motion for coordinated SEQR and defer lead agency to the planning Board.
It is so moved, dated: July 10, 2023
Seconded by Emily Bergmann
Adopted by the following votes:
AYES: 5 (C. Grey, S. Gaston, B. Dailey, A. Smith, E. Bergmann)
NAYES:
The Boards also noted a Planning Board advisory is required.
Shafer asked if the newly subdivide lot would be UR-3. Aneisha Samuels noted the new lots would also be UR-
3 and would have the same zoning requirements.
Cherie asked about the parking and does it have adequate parking for the number of units. Dave noted the
applicant is seeking relief for parking on lots 1 and 2.
Cherie opened public hearing at 8:34pm. Susan Kwasniski had comments. She noted she is confused about the
parking. She noted based on observation especially during track season there isn’t adequate parking. She noted
she is a fan of increased density in this area because she is a fan of the greenbelt. However she believes this
City of Saratoga Springs - Zoning Board of Appeals – July 10, 2023 - Page 7 of 15
particular proposal is not consistent and she also believes it would be difficult for the applicant to claim/ prove
the hardship.
Trish Marquee also had comments she noted she believes this would be an undesirable change to the
neighborhood. She also noted this proposal would result in a reduction in the available parking spaces. She
stated the requested variances are substantial. She stated storm water is a big issue. She noted her home was
purchased 20 years ago at the time she looked at the lighting and how the building is designed and doesn’t
impact the light and she noted if another home was to be built there being 11 ft. it may negatively impact on her
light and privacy. She noted the barn being a dwelling drastically impacts on her and the neighborhood.
John Bordmann noted he also has comments. He stated the parking space relief is unnecessary. He noted the
owner operates a parking business during the track season. He feels the relief for parking is not called for.
Liz Marchochio also had comments. She started in the application it stated the barn would be renovated. She
further stated in the same application it states the barn will be demolished. She noted the barn adds value to the
neighborhood and even though it is not in a historic district the barn should be preserved. She also noted
parking is an issue. She noted if the subdivision was to be approved there should be a condition to limit the lot
three to a single family lot. She noted the proposal would be an undesirable change and ask that it be denied.
Bernard Marquee also had comments he noted he has concerns about the location of the dumpster.
Public hearing remains open.
7. 20230324 96 Catherine Porch and 2ND Floor Renovation, 96 Catherine Street, Area variance to permit the
renovation of an existing house within the Urban Residential-2 District.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIREMENT PROPOSED RELIEF REQUESTED
Setback – Front 10’ 0 10’ (100%)
Setback - Interior Side 8’ 0.7’ 7.3’ (91.3%)
Gary Labate represented the application. He noted he is the owner of the property. He noted the home is an eye
sore and visual nightmare. He noted he is appearing today for two areas of relief the front relief is an
improvement on the exiting encroachment to create a wraparound porch. The interior side setback relief is for
the existing home that will be extended to a second floor.
Brendan
CONTINUED BUSINESS
Emily confirmed she was absent at the last meeting but she has reviewed the material and will be able to vote.
City of Saratoga Springs - Zoning Board of Appeals – July 10, 2023 - Page 8 of 15
Alice noted she was not at the meeting and she did not get a chance to catch up on the material as such she will
not be voting tonight.
8. #20230087 85 Nelson Use Variance. 85 Nelson Avenue, Use variance to permit the conversion of an
unlawful multi-family home to a two-family home within the Urban Residential-2 District.
The application was represented by John Carusone. He noted he has submitted a comprehensive summary last
week. Due to some technical difficulty the board have not been able to review. Emily requested that the
applicant provide a synopsis of the material that was provided. John noted he provided a cost evaluation if the
home was to be converted into a single family he would be at a loss due to the high conversion cost. He noted
he also provided a cash flow analysis from the rental unit that showed a loss. He noted further evaluation of
other permitted used would all result in high conversion costs. He further noted this is the retirement income for
the applicant and the applicant would not have the money required for the conversion costs.
John further noted in terms of self-created hardship, the home is assessed and taxed as a three family residence.
The home was sold without a realtor and based on the plain language he found on the residence he say it listed
as UR-2 and assessed as a three family. Based on his understanding at the time the home was a legal three
family.
John further noted he doesn’t believe the three family use would be a detriment to the neighborhood as the
property has been used as a three family for over 20 years.
He further noted he believes the hardship associated with this property is unique. He further noted other homes
exist in the neighborhood that is three family with in-law apartments.
Emily noted she wants to see the conversion cost associated with converting the home to a two family. The
applicant noted the cost to convert to a two family would be negligible. Brendan noted he would like to see the
conversion cost.
Cherie asked if the applicant also owns 87 nelson, the applicant noted he also owns that parcel. Cherie noted
that 83 nelson the other neighbor is a single family home with an in-law apartment as confirmed by the building
department. Cherie noted that Ted noted in a previous discussion that he lived in the front unit but also noted he
lost income from not renting the unit.
Discussion ensued between Ted Waite and the board.
Shafer noted the applicant purchased a home as a multi-family home and is paying taxes as such. He further
noted the applicant bought the house. And it is a failure of the city why a voluntary board is being tasked with
correcting past transgressions.
Cherie noted the applicant should provide the conversion cost to convert to a two family and the feasibility to
convert to a single family with in-law suite.
Public hearing remains open.
City of Saratoga Springs - Zoning Board of Appeals – July 10, 2023 - Page 9 of 15
#9. 20220855 139 State Street Garage Reno Area Variance, 139 State Street, Area variance to permit the
renovation of an existing home in the Urban Residential-1 (UR-1) District
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIREMENT PROPOSED RELIEF REQUESTED
28%
Max Principal Coverage % 34.5% 6.5% (23.2%)
Setback – Front 30’ 0 30ft (100%)
Setback - Interior Side 12’ 5’ 7ft (58.3%)
Setback - Min. Total Side 30’ 6.4’ 23.6ft (78.7%)
Max Driveway Percentage 25% 34.2% 9.2% (36.8%)
Bob Flansberg represented the application. Cherie noted the board had not requested any additional information
last time.
No additional public comments were heard.
Cherie closed public hearing at 9:30 pm
Emily presented the following motion:
20220855
IN THE MATTER OF THE APPEAL OF
Greg Travis and Karen Lazar
139 State Street
Saratoga Springs, NY 12866
From the determination of the Building Inspector involving the premises at 139 State Street in the City of
Saratoga Springs, NY, being tax parcel number 152.-1-5 on the Assessment Map of said City. The Applicant
having applied for an area variance to permit the renovation of an existing home in the Urban Residential (UR-
1) District and public notice having been duly given of a hearing on said application from October 17, 2022
through July 10, 2023.
In consideration of the balance between the benefit to the Applicants with detriment to the health, safety and
welfare of the community, I move that the following variance for the following amount of relief:
City of Saratoga Springs - Zoning Board of Appeals – July 10, 2023 - Page 10 of 15
Type of Requirement District Dimensional Requirement
Relief Requested
Proposed
(% variance)
Max Principal Coverage % 28% 34.5% 6.5% (23.2%)
30’ 0 30ft (100%)
Setback – Front
Setback - Interior Side 12’ 5’ 7ft (58.3%)
Setback - Min. Total Side 30’ 6.4’ 23.6ft (78.7%)
Max Driveway Percentage 25% 34.2% 9.2% (36.8%)
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.
In ten months in front of the Board, the applicant has revisited the design of their project numerous
times in order to reduce the percentage of variances needed. While the applicant has landed on a zero ft.
setback for the front, it is an overall improvement as the current setback for the front is around negative
3.5 feet. This front setback of zero ft. is for the two-car attached garage only as the applicant wishes to
have a two car garage replace the current one car garage. The applicant redesigned this garage to push
back the second story of the garage approximately 21ft. so that there would not be a second story with a
zero percent setback. Additionally, the two car garage is 20 feet deep rather than the standard 24 ft.
2. The applicant has demonstrated that granting this variance will not produce an undesirable change in the
neighborhood character or be a detriment to nearby properties. The applicant was able to purchase
about 5 and a half feet of land from neighboring Skidmore College in order to help offset part of the side
variances and principal coverage. Additionally, the Board notes that the overall design of the house will
be more aesthetically pleasing to the neighborhood.
3. The requested variances are considered substantial. The variances requested are similar in width and
square footage to some other approved UR-1 variances, however, this lot is generally larger than the
comparable approved variances. For the maximum principal coverage, the current property, if left as is,
is 32.8% when the zoning requirement is 28%. However, the proposed survey currently shows it to be
34.5% and therefore.
4. The Applicant has demonstrated that granting this variance will not have an adverse physical or
environmental effect on the neighborhood. The existing drainage patterns will remain unchanged. Any
changes that would impact drainage are being done toward the interior of the lot, where there is green
space to accommodate roof runoff.
5. The request for relief is a self-created hardship. However, self-creation is not necessarily fatal to the
application.
It is so moved, dated: July 10, 2023
City of Saratoga Springs - Zoning Board of Appeals – July 10, 2023 - Page 11 of 15
Seconded by Brendan Dailey
Adopted by the following votes:
AYES: 4 (C, Grey, S. Gaston, B. Dailey, E. Bergmann)
NAYES:
ABSTAINED: A. Smith
10. #20230307 56 Marvin Area Variance, 56 Marvin, Area variance to permit the construction of a second
Principal Structure in the Urban Residential -2 (UR-2) District.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED RELIEF REQUESTED
Max Dwellings 1 unit 2 units. 1 unit. or (100%)
Min Average Lot width 2F 120 ft. 95 ft. 25 ft. or (20.8%)
Stephanie Ferradino represented the application. She provided a location analysis and an overview of the
variances being requested. She noted the board had asked for comps and she provided some comps including
the neighboring parcels which has a similar lot composition as she is proposing for her clients. She reviewed
several other comparable lots.
She noted her clients made significant investment in the property and she provided an over view illustrating
why renovating the existing home further would not be feasible. She also noted any addition to the existing
home would cause damage to some existing trees.
Cherie noted she believes the proposed second principal is inconsistent with the neighborhood as the most of
the ones existing may predate zoning.
Brendan noted he believes the proposed is consistent with the neighborhood having lived in this neighborhood
before.
Public hearing remains open. No additional comments were heard.
11. #20230227 69 Phila Garage Area Variance, 69 Phila Street, Area variance to permit the placement of a
detached garage within the Urban Residential -4 (UR-4) District.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED RELIEF REQUESTED
Accessory to rear 5 ft. 4 ft. 1 ft. or (20%)
Accessory to side 5 ft. 2 ft. 3 ft. or (60%)
Accessory to side 5 ft. 2 ft. 3 ft. or (60%)
City of Saratoga Springs - Zoning Board of Appeals – July 10, 2023 - Page 12 of 15
Sue Vie represented the application. She noted based on the feedback from the last meeting they have amended
there request. She noted the proposed garage has been bought in to reduce the relief request. She noted the
proposed garage would still accommodate two cars. She later discussed comparable lots of garages.
Cherie asked if there were any additional lots for purchase. Joe (The owner) noted no additional lands were
available for purchase and he has approached the neighbors but no one was willing to sell any additional lands.
Cherie asked if the applicant considered a single car garage or another alternative that would eliminate or
further reduce the relief.
Discussion ensued between Sue and the Board.
Public hearing remains open. No additional comments were heard.
APROVAL OF MEETING MINUTES:
No meeting minutes were approved.
MOTION TO ADJOURN:
There being no further business to discuss Cherie Grey, Interim Board Chair, adjourned the meeting at
approximately 10:15 P.M.
Respectfully submitted,
Aneisha Samuels
Senior Planner
City of Saratoga Springs - Zoning Board of Appeals – July 10, 2023 - Page 13 of 15
Agenda
6/30/23, 9:55 AM (19) ZBA Agenda to Publish - Smartsheet.com
ZBA Members
City of Saratoga Springs Gage Simpson (Chair)
ZONING BOARD OF APPEALS Brad Gallagher (Vice Chair)
Cheryl Grey
City Hall • 474 Broadway
Emily Bergmann
Saratoga Springs, New York 12866 Brendan Dailey
Shafer Gaston
518.587.3550
Alice Smith (Alternate)
www.saratoga-springs.org John Daley (Alternate)
• NOTE: This meeting is being held IN- PERSON at City Hall
• To participate or provide input during the meeting, please attend the meeting in person
• To view the webcast live or once recorded, go to www.saratoga-springs.org.
• Comments may be submitted up to 12PM on the day of the meeting using the Public Comment form
on the Planning Department page.
ZONING BOARD OF APPEALS AGENDA
Monday, July 10, 2023, at 6:30 p.m.
Procedural Business
Agenda
Project # Project Project Location Project Description Ordinance Type
Order
New Business
Agenda Ordina
Project # Project Project Location Project Description
Order Type
Area variance to permit a 2-lot subdivision within the Urban Residential UDO
1 182 Excelsior Area Variance
20230358 182 Excelsior -4 (UR-4) District.
402 Lake Area Variance Area variance extension to permit the construction of a new UDO
2
20230396 Extension 402 Lake convenience store within the Rural Residential (RR)District.
Cardona's Addition Area 222 Area variance modification to permit an expansion on the rear of UDO
3
20230383 Variance Washington Cardona's Market within the Un/T-4 District
Area variance to permit the construction of a front porch with roof within UDO
4 43 Granite Porch
20230279 43 Granite the Urban Residential -3 (UR-3) District.
9 Clark Zoning Zoning Interpretation of the 1973 Zonihng Code section 135-33 and a UDO
5
20230335 Interpretation 9 Clark 1983 Variance Approval
151& 153 Nelson 151 & 153 Area variance to permit a subdivision in the Urban Residential -3 UDO
6
20230325 Subdivision Nelson District
96 Catherine Porch and 2nd Area variance to permit the renovation of an existing house within the UDO
7
20230324 Floor Renovations 96 Catherine Urban Residential-2 District.
Continued Business
Agenda Ordinanc
Project # Project Project Location Project Description
Order Type
Use variance to permit the conversion of an unlawful multi-family UDO
8 85 Nelson Use Variance
20230087 85 Nelson home to a two-family home within the Urban Residential-2 District
139 State St Garage Reno Area variance to permit the renovation of an existing home in the UDO
9
20220855 Area Variance 139 State St Urban Residential-1 (UR-1) District
56 Marvin Second Area variance to permit the construction of a second Principal UDO
10
20230307 Principal Structure 56 Marvin Structure in the Urban Residential -2 (UR-2) District
Area variance to permit the placement of a detached garage within UDO
11 69 Phila Garage
20230227 69 Phila the Urban Residential -4 (UR-4) District.
3. Upcoming Meetings
July 24, 2023 at 6:30PM
GENERAL MEETING GUIDELINES
• Applicant presentations to the Board will be limited to 15 minutes.
• Public comments from the audience during public hearings will be limited to 3 minutes.
• All speakers will be timed to ensure compliance.
• Individuals may not donate their allotted time to other speakers.
• Please be respectful to the speakers while they are addressing the Board.
• Comments to the Board should relate specifically to the application under consideration and the review criteria.
• All written comments will be distributed to the Board and made part of the public record.
Note: This agenda is subject to change. Please check the website for the latest version.
https://app.smartsheet.com/dashboards/3pR68xGHpHvmMwQhjPp8pF5mCCq7XgVR9579Gfg1 1/2
6/30/23, 9:55 AM (19) ZBA Agenda to Publish - Smartsheet.com
https://app.smartsheet.com/dashboards/3pR68xGHpHvmMwQhjPp8pF5mCCq7XgVR9579Gfg1 2/2
Get email alerts for Saratoga Springs
A daily email when new agendas and minutes are posted.