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Zoning board approves variances for pool, hot tub and patio at 28 5th Ave in Saratoga Springs
Summary
The Zoning Board of Appeals approved area variances for a completed pool, hot tub, concrete patio and associated equipment at 28 5th Ave, finding the changes are consistent with neighborhood character and noting the improvements date to 2016; the vote was unanimous.
The Zoning Board of Appeals voted unanimously on June 1 to approve area variances allowing a previously built pool, hot tub, concrete patio and pool equipment to remain at 28 5th Ave in Saratoga Springs.
A draft motion read into the record (referenced as 2026000And185) said the applicant had applied for variances under the 2012 zoning ordinance to bring a project completed in 2016 into compliance. The motion listed relief sought for accessory building coverage, pool/spa side-yard setback, pool equipment setback and a nonpermitted concrete patio/fire pit, and spelled out the board's findings, including that the applicant "has demonstrated this benefit cannot be achieved by other means feasible to the applicant" and that the request "will not create an undesirable change in neighborhood character." The motion was seconded and then approved.
During the hearing the applicant described the relief sought and provided neighborhood comparables, saying many nearby properties have similar or greater building coverage. The applicant also corrected an earlier calculation, stating the property's total structure coverage was 3,684 square feet and that total building coverage was about 39 percent under the measurements presented.
Board members discussed technical points including which code applied (the application referenced the old code in places) and whether the lot is undersized. The board asked for the record to note that the improvements in question have been in place since 2016 and added a finding that the lot is undersized (noted in discussion as roughly 9,400 square feet where a typical lot was described as 12,000 square feet), a factor the board said can skew percentage-based calculations.
The board read the roll call and announced the following votes: Otis Maxwell — in favor; Jonah Cohen — in favor; Steven Harrington — in favor; Gabe Simpson — in favor; Brendon Daley — in favor; Amanda Dimmit — in favor. The chair declared the motion passed.
The decision included standard findings that the variances were substantial but mitigated by neighborhood character, would not cause significant adverse environmental impacts, and that the hardship (the applicant's desire to legalize a previously constructed project) was self-created but not fatal to the application. The board recorded the motion as dated June 1, 2026.
The board thanked participants and moved on to the next item on the agenda.
