Saratoga Council Denies Building Variance Request

MAY 20, 2025 |

Photo – Variance page on the town’s website – Courtesy Town of Saratoga

Saratoga’s governing body rejected a resident’s request to build a porch, citing town regulations.

During the April 15th Saratoga Town Council meeting, Public Works Director Emery Penner, who serves as the town’s liaison to the Planning Commission, presented a variance application from Cindy Wilson. Penner explained Wilson asked to place a support pillar for a planned porch three feet closer to her Saratoga Avenue property line than town regulations allow.

The Public Works Director stated the Planning Commission approved the variance by a six-to-two vote, despite it not meeting the required standards.

Saratoga ordinances require any potentially sight-obscuring structures to be located at least 20 feet from the property line. Wilson asked to build a vertical support pillar 17 feet from the edge of her property.

All zoning variances must meet eight criteria in order to be approved by the Planning Commission, including ensuring that the variance doesn’t harm any adjacent conforming properties or alter the character of the district in which it is located.

Penner said the Town Council has the authority to approve or deny Wilson’s variance. However, the Public Works Director recommended sending the application back to the Planning Commission for further consideration. Penner pointed out other residents have made substantial modifications to their plans to comply with town regulations and stressed the need for consistency.

Mayor Chuck Davis agreed, stating the zoning regulations are designed to prevent residents from building non-compliant structures.

The applicant, Wilson, was present at the April 15^th Planning meeting. Wilson said her application was evaluated and discussed at length before being approved.

Wilson asked the Town Council to respect the Planning Commission’s decision and approve her variance request.

Mayor Davis asked why Wilson required a variance in the first place. Wilson responded she would like to construct a porch over her front door. The contractor informed her if the support pillars were placed where the ordinances demand, they would partially obstruct entry to her backyard.

Wilson said the contractor advises against changing the porch design as it could weaken the structure’s ability to support heavy snowfall. Additionally, Wilson said the pillars will not obstruct the vision of drivers on Saratoga Avenue.

Mayor Davis said the Planning Commission failed to clearly justify its approval of Wilson’s variance application. The Public Works Director said it is the Commission’s responsibility to explain why the application meets approval criteria, not the applicant.

Mayor Davis said modifying the porch would remove the need for a variance. He also said the current design does not meet the legal criteria for a variance. The mayor cautioned granting variances too freely could unintentionally trigger a snowball effect.

The governing body voted to send the variance application back to the Planning Commission, requesting a clearer explanation of their decision.

The matter was discussed again at the May 6^th Saratoga Town Council meeting. Public Works Director Penner said the Planning Commission reviewed Wilson’s application thoroughly, and this time, voted to deny the variance.

Saratoga resident Richard Hodges spoke out on behalf of Wilson. Hodges said the porch would be out of sight, as her property is located at the end of Saratoga Avenue, neighboring a motel and a bank.

Hodges said the Planning Commission should have approved the application.

Mayor Davis asked Hodges whether the town should attach a variance application to every building permit, allowing every resident to bypass the town’s building requirements.

Councilman Mike Cooley said other residents have altered their construction designs to meet the town’s ordinances, sometimes at great expense. Councilman Cooley said Wilson is entitled to build a porch, but only if the support pillars are placed 20 feet or more from her property line. The Councilman added that his porch complies with setback requirements and efficiently holds all the accumulated winter snow.

Public Works Director Penner reiterated Wilson may build a porch, provided the vertical posts comply with the town’s setback requirements. Penner added granting variances that fail to meet the eight established criteria undermines the purpose of the regulations.

Resident Richard Hodges explained that he supports Wilson’s variance out of concern that the town is imposing excessively rigid and unnecessary regulations on its residents. In the end, Hodges agreed that the Town Council has the authority to make the final decision on the matter.

After the discussion, the Saratoga Town Council voted to deny the variance application.