HomeMy WebLinkAbout20200591 Dines Residence Application �10G.1 CITY OF SARATOGA SPRINGS
I41k �, ZONING BOARD OF APPEALS
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'RPoRINSTRUCTIONS
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICATION REQUIREMENTS
. ELIGIBILITY:To apply for relief from the City's Zoning Ordinance, an applicant must be the property
owner(s) or lessee, or have an option to lease or purchase the property in question. The Zoning Board of
Appeals (ZBA) shall not accept any application for appeal that includes a parcel which has a written violation
from the Zoning and Building Inspector that is not the subject of the application.
2. COMPLETE SUBMISSIONS:Applicants are encouraged to work with City staff to ensure a complete application.The
ZBA will only consider properly completed applications that contain I original and I digital version of the following:
Completed application pages I and 8, the pages relating to the requested relief(p. 2 for interpretation
or extension, pp. 3-5 for use variance, pp. 6-7 for area variance), and any additional supporting
materials/documentation. **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED**
Completed SEQR Environmental Assessment Form —short or long form as required by action.
http://www.dec.ny.gov/docs/permits_ej_operations_pdf/seafpartone.pdf
Detailed "to scale" drawings of the proposed project—folded and no larger than 24"x 36". Identify all
existing and proposed structures, lot boundaries and dimensions, and the relationship of structures to
the lot dimensions. Also, include any natural or manmade features that might affect your property (e.g.,
drains, ponds, easements, etc.).
Photographs showing the site and subject of your appeal, and its relationship to adjacent properties.
3. APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance". Fees are
cumulative and required for each request below.
❑ Interpretation $500
❑ Use variance $I,000
/Area variance
- Residential use/property $200
Non rcsidcntial usc/property$600
❑ Extensions $150
Check City's website (www.saratoga-springs.org) for application meeting dates.
Revised 0112019
ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE 2
PUBLIC HEARING ADVERTISEMENT
The Zoning Board of Appeals is required to hold a public hearing on each submitted application within ninety(90)
days from when it is determined to be properly complete by City staff.
City staff will prepare a legal notice for the public hearing and arrange to have the public hearing announcement
printed in The Saratogian legal notices at least 5 days before the hearing.
Applicants must pay The Saratogian for the legal ad and present proof of payment to the ZBA prior to the public
hearing. If proof of payment is not presented prior to the hearing, the hearing will be cancelled.
PROPERTY OWNER NOTIFICATION
Applicants are required to mail a copy of the public hearing legal notice to all property owners within the following
distances from the boundaries of the land in question:
Type of variance Distance for property owner notification
Use variance 250 feet
Area variance & Interpretation 100 feet
This notice must be sent at least 7 days but not more than 20 days before the date of the public hearing.
City staff will email a copy of the "property owner notification letter"to the applicant.The applicant must then send
the notification letter to the nearby property owners.Applicants may not include any other materials in this mailing.
The mailing must be certified by the U.S. Post Office. Prior to the public hearing, applicants must present the Post
Office "certificates of mailing" to the ZBA. If "certificates of mailing" are not presented prior to the hearing, the
hearing will be cancelled.
Revised 0112019
TOG fFOR OFFICE USE1
iA CITY OF SARATOGA SPRINGS
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APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANT(S)* OwNER(S) (If not applicant) ATTORNEY/AGENT
Matthew J. Dines Balzer&Tuck Architecture
Name
37-39 Ash Street 468 Broadway, 3rd Floor
Address
Saratoga Springs, NY 12866 Saratoga Springs, NY 12866
Phone (914)-760-5504 / / (518)-580-8818 /
matt dines@yahoo.com bbalzer@balzertuck.com
Email
*An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question.
Applicant's interest in the premises: 121 Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
35 and 37/39 Ash Street 165 74 2 16
. Property Address/Location: Tax Parcel No.: - -
(for example: 16552-4-37)
??? UR-3
2. Date acquired by current owner: 3. Zoning District when purchased:
Two-family Residential UR-3
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes (when? ???? For what????? )
m No
7. Is property located within (check all that apply)?: 0 Historic District 0 Architectural Review District
0 500'of a State Park, city boundary, or county/state highway?
8. Brief description of proposed action:
The owner wishes to subdivide the existing property into(2)lots, 35 Ash Street and 37-39 Ash Street and acquire a variance
for the existing non-compliant conditions for the existing two family residence.
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes 0 No
10. Has the work, use or occupancy to which this appeal relates already begun? El Yes ®No
I I. Identify the type of appeal you are requesting (check all that apply):
0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) 0 USE VARIANCE(pp. 3-6) ®AREA VARIANCE(pp. 6-7)
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2
FEES: Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
❑ Interpretation $ 500
❑ Use variance $1,000
®Area variance
-Residential use/property: $ 200
-Non-residential use/property: $ 600
❑ Extensions: $ 150
' INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
'.entify the section(s) of the Zoning Ordinance for which you are seeking an interpretation:
Section(s)'_,
2. How do yo`t'request that this section be interpreted?
do
‘.4.
3. If interpretation is denied, do you w::>h to request alternative zoning relief? DYes ❑No
4. If the answer to#3 is "yes,"what alternat relief do you request?❑ Use Variance 0 Area Variance
EXTENSION OF A VARIANCE—PLEASE ANSWER T I ,FOLLOWING(add additional information as necessary):
1. Date original variance was granted: '"w. 2. Type of variance granted? El 0 Area
\
3. Date original variance expired:
5. Explain why the extension is necessary.Why wasn't the original . eframe sufficient?
v
When requesting an extension of time for an existing variance,the applicant must prove that the circ:,instances upon which the original
variance was granted have not changed. Specifically demonstrate that there have been no signifi "z.';,t changes on the site, in the
neighborhood, or within the circumstances upon which the original variance was granted: ‘1',,..
sic.,
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 3
USE VARIANC.—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
A use variance is reqs ted to permit the following:
For the Zoning Board to grant a'r uest for a use variance, an applicant must prove that the zoning regulations create an unnecessary
hardship in relation to that property.'^ seeking a use variance, New York State law requires an applicant to prove all four of the following
"tests".
I. That the applicant cannot realize a re a_ nable financial return on initial investment for any currently permitted use on the property.
"Dollars¢s" proof must be submitiN as evidence.The property in question cannot yield a reasonable return for the following
reasons:
N
A. Submit the following financial evidence relating to this property(attachdditional evidence as needed):
I) Date of purchase: Purchase amount: $
2) Indicate dates and costs of any improvements made to property after purchase: :.
Date Improvement Cost
hip,
w:
3)Annual maintenance expenses: $ 4)Annual taxes:$ kcx
5)Annual income generated from property: $
6) City assessed value: $ Equalization rate: Estimated Market Value: $
7)Appraised Value: $ Appraiser: Date:
Appraisal Assumptions:
Revised 0112019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4
n
*B. Has property been listed for sale with Dyes If"yes", for how long?
.'\ the Multiple Listing Service (MLS)? LONo
N,
I) .. ginal listing date(s): Original listing price: $
If listing was reduced, describe when and to what extent:
z*
2) Has the propert een advertised in the newspapers or other publications? EYes ❑No
If yes, describe frequen�r,and name of publications:
x.
3) Has the property had a"For be"sign posted on it? ❑Yes El No
If yes, list dates when sign was posted.,\
4
4w
4) How many times has the property been shod with what results?
a
2. That the financial hardship relating to thisproperty is unique L;Id does not apply to a substantial portion of the neighborhood.
Difficulties shared with numerous other properties in the same n;Qhborhood or district would not satisfy this requirement. This
previously identified financial hardship is unique for the following rea' ns:
a4
v?,
xyl
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 5
t�,� That the variance, if granted, will not alter the essential character of the neighborhood. Changes that will alter the character of a
\neighborhood or district would be at odds with the purpose of the Zoning Ordinance. The requested variance will not alter the
c'aracter of the neighborhood for the following reasons:
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4. That the alleged hardship has not been self-created.An applicant[i Nether the property owner or one acting on behalf of the property
owner)cannot claim"unnecessary hardship"if that hardship was cr. ted by the applicant, or if the applicant acquired the property
knowing(or was in a position to know)the conditions for which the apJ: icant is seeking relief.The hardship has not been self-created
A.
for the following reasons:
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Revised 01/2019
ZONING BOARD OF APPEALS APPLICA770N FORM PAGE 6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
Chapter 240-2.3 Table 3:
The applicant requests relief from the following Zoning Ordinance article(s) Area and Bulk Schedule
Dimensional Requirements From To
Minimum Lot Coverage (Principal Building) 8000 SF 5700 SF
Minimum Average Width (Principal Building) 80 ft 40 ft
Minimum Front Yard Setback(Principal Building) 10 ft 0 ft
Minimum Side Yard Setback(Principal Building) 4 ft East 2 ft East
4 ft West 0 ft West
Minimum Total Side Yard Setback(Principal Building) 12 ft 2 ft
Maximum Lot Coverage(Principal Building) 30% 57% (3240 SF)
Other:
To grant an area variance,the ZBA must balance the benefits to the applicant and the health,safety,and welfare of the neighborhood and
community, taking into consideration the following:
I. Whether the benefit sought by the applicant can be achieved by other feasible means. Identify what alternatives to the variance have
been explored (alternative designs, attempts to purchase land,etc.)and why they are not feasible.
The applicant is looking to return the lot to its former subdivision. In doing so, efforts have been
made to make the proposed eastern lot (35 Ash) zoning compliant. The eastern portion of the lot
is vacant after a 1980's fire destroyed a former single family residence located at 35 Ash Street.
Historically, Sanborn maps also show a residence on the currently vacant eastern portion of the
parcel.
2. Whether granting the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby
properties. Granting the variance will not create a detriment to nearby properties or an undesirable change in the neighborhood
character for the following reasons:
The proposed subdivision restores the lot back to its (2) former parcels. Creating a separate
single family residence at 35 Ash would restore the residential frontage as it existed prior to the
fire which destroyed the former residence in the 1980's. Sanborn maps going back to the early
1900's showed the parcels in this configuration. Additionally, adequate off street parking along
Ashton Lane (the rear alley) would be provided for both parcels.
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
Sanborn maps dating back to 1990 indicate that 35 Ash Street and 37-39 Ash Street were once (2) separate
lots, 7200 SF and 7200 SF respectively. According to 240-2.3-B, the minimum front yard setback requirement
shall be reduced to the average of its neighboring lots. The adjacent properties at 31 Ash Street and 43 Ash
Street are located on and beyond the property line of Ash Street. The average is 0 ft and the proposed is 0 ft;
no substantial change.
Regarding the Maximum Principal Building Coverage: Sanborn maps indicate the existing principal building
(as documented in the 1950 Sanborn map) currently has a building coverage of+1- 3240 SF. In 1950, the
coverage would have been 44%, exceeding the 30% maximum coverage requirement of the current Zoning
Ordinance. The proposed coverage of 37-39 Ash Street is 57% which is not substantial given the imposed
hardship dating back to zoning subdivisions recorded in the 1990 Sanborn map.
4. Whether the variance will have adverse physical or environmental effects on neighborhood or district. The requested variance will not
have an adverse physical or environmental effect on the neighborhood or district for the following reasons:
The proposed variance will not have an adverse physical or environmental effect on the neighborhood because the lot and
existing buildings are consistent with the existing neighborhood and its current density.Additionally,the proposed mass and scale
of the single family residence to be constructed at 35 Ash Street is in keeping with the current neighborhood.
5. Whether the alleged difficulty was self-created(although this does not necessarily preclude the granting of an area variance).Explain
whether the alleged difficulty was or was not self-created:
Sanborn maps indicate that 35 Ash Street and 37-39 Ash Street were once (2) separate lots,
7200 SF and 7200 SF respectively; both lots had 50 ft frontages. The existing two-family
residence at 37-39 Ash Street (as documented in the 1950 Sanborn map) would not be able to
satisfy the 8000 SF lot minimum requirement of the current Zoning Ordinance. It can be
interpreted that this is an existing hardship and was not self-created, although the request to
subdivide the lots is self created.
Revised 01/2019
ZOINV cEbcwm aF.4r ms r2w Foy-,
Pic 8
DISCLOSURE
Does any City officer,employee,or family member thereof have a financial interest(as defined by General Municipal Law Section 809)In
this application? No 0 Yes if"yes",a statement disclosing the name,residence and nature and extent of this interest must be filed
with this application.
APPuciwr CERTIFICATION
Vwe,the property owner(s),or purchasers)/lessee(s)under contract,of the land in question,hereby request an appearance before
the Zoning Board of Appeals.
By the signature(s)attached hereto, I/we certify that the information provided within this application and accompanying
documentation is,to the best of my/our knowledge,true and accurate.I/we further understand that intentionally providing fal5e or
misleading information is grounds for immediate denial of this application.
Furthermore,Vwe hereby authorize the members of the Zoning Board of Appeals and designated City staff to enter the property
associated with this application for purposes of conducting any necessary site inspections relating to this appeal,
A611110.1.1°.; . \\\
(applicant s_nAtur-
44,
Date:
Date: 6--Frei-42.6
(applicant signature)
If applicant is not the currently the owner of the property,the current owner must also sign.
Owner Signature:_ Date:
Owner Signature: _ Date:
Revised 01/2019
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: TAX PARCEL No.: - -
PROPERTY ADDRESS: ZONING DISTRICT:
This applicant has applied to use the identified property within the City of Saratoga Springs for the following:
This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s)
As such, the following relief would be required to proceed:
❑ Extension of existing variance ❑ Interpretation
❑ Use Variance to permit the following:
0 Area Variance seeking the following relief:
Dimensional Requirements From To
Other:
Note:
❑Advisory Opinion required from Saratoga County Planning Board
ZONING AND BUILDING INSPECTOR DATE
Revised 01/2019
Short Environmental Assessment Form
Part 11 - Project Information
Instructions for Completing
Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding,are subject to public review, and may be subject to further verification. Complete Part I based on
information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as
thoroughly as possible based on current information.
Complete all items in Part I. You may also provide any additional information which you believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item.
Part 1 —Project and Sponsor Information
Balzer&Tuck Architecture
Name of Action or Project:
35-39 Ash Street Property Subdivision
Project Location (describe, and attach a location map):
35,37 and 39 Ash Street,Saratoga Springs, NY 12866
grief Description of Proposed Action:
Subdivision of existing property into(2)lots,35 Ash Street and 37-39 Ash Street.(Note:37-39 Ash Street is currently a two family residence and will
remain as such.)
Name of Applicant or Sponsor:
Telephone: (518)-560-8818
Balzer&Tuck Architecture
E-Mail: bbalzer@balzertuck.com
Address:
468 Broadway,3rd Floor
City/PO: State: Zip Code:
Saratoga Springs NY 12866
I. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES
administrative rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES
If Yes, list agency(s)name and permit or approval:City of Saratoga Springs Planning Board ❑ �r 1
3. a. Total acreage of the site of the proposed action? .28 acres
b. Total acreage to be physically disturbed? o acres
c. Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? .28 acres
4. Check all land uses that occur on,are adjoining or near the proposed action:
m Urban ❑ Rural(non-agriculture) ❑ Industrial ri Commercial ❑ Residential (suburban)
❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify):
❑Parkland
1 : '!. ' SEAF 2019
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? ❑ ❑✓ ❑
b. Consistent with the adopted comprehensive plan? ✓ ❑
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
❑ ❑✓
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES
If Yes, identify: El ❑
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
✓❑ ❑
b. Are public transportation services available at or near the site of the proposed action? ❑
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑
action?
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements, describe design features and technologies:
❑ ❑✓
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water:
❑ Irl
II. Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:
▪ ID
12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site,or district NO YES
which is listed on the National or State Register of Historic Places, or that has been determined by the El
of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b. Is the project site,or any portion of it, located in or adjacent to an area designated as sensitive for ❑ 1-1
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency? ❑✓ ❑
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? u r� ❑
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
❑Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional
❑Wetland ❑ Urban m Suburban
15. Does the site of the proposed action contain any species of animal,or associated habitats, listed by the State or NO YES
Federal government as threatened or endangered? ❑ ❑
16. Is the project site located in the 100-year flood plan? NO YES
v/ n
17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes, ❑✓ n
a. Will storm water discharges flow to adjacent properties? �✓ 171
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑
If Yes,briefly describe: -
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES
or other liquids(e.g., retention pond, waste lagoon, dam)?
If Yes,explain the purpose and size of the impoundment: ❑ ❑
_19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES
management facility?
If Yes,describe:
� n
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed) for hazardous waste?
If Yes,describe: _
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/na : Brett Balzer ,� Date: June 22,2020
,
—1 r '7�►
Signature: — ' Title: Partner/Balzer&Tuck Architecture
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SANBORN MAP(1900) SANBORN MAP(1950
BALZER EZ'.TUCK 468 BROADWAY•SARAT0GA SPRINGS•NY•12866 Sanborn Maps 37-39 ASH STREET
Architecture P 518.580.8818'F 518.580.8824'BALZERTUCK.COM BTA PROJECT NO'.2008 20 35-39 ASH STREET.SARATOGA SPRINGS.NY
144-0'.
47'-0" •11'-0"1l 77' 0
S FRANKLIN STREET
37 AND 39 ASH STREET
SARATOGA SPRINGS,NY 12866
ZONING: UR-3
F ALLOWED PROPOSED
/ —
•a ( I MINIMUM LOT SIZE(SF): 8000(2-UNIT) 5700
MINIMUM AVERAGE WIDTH(FEET): 80(2-UNIT) 40
-`- - MINIMUM YARD SETBACK(FEET):
FRONT: 10 I 0
I REAR: 25 28.25
SIDE(EAST): 4 2
�) `° SIDE(WEST): 4 0
L\
TOTAL SIDE: 12 0
—
• • PRINCIPAL BUILDING MIN.1ST FLOOR AREA(SF): 800(2 STORY) 2216
PRINCIPAL BUILDING MAX.HEIGHT(FEET): 60 28
MINIMUM%TO REMAIN PERMEABLE: 25 25*
\\/‘\) \/\)\)2 )/)/ \) \ \ \\\/\\ \ IN SQUARE FEET: +/-1425 +/-1435
A I OT COVFRAGF INFORMATION
.N`.\\ MAX%OF LOT COVERAGE PRINCIPAL BLDG: 30 57
\ \\ \\ \ \ \\ IN SQUARE FEET: +/-1710 +/-3240
M ,V vA \AA N JOT) \ vA y vvA' -
PROPOSED LOT \ \\'SHADED LOT AREA 6,350 SFR= \\\ - *GRAVEL DRIVEWAY AT 50'/PERMEABILITY
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BALZER EM TUCK 468 BROADWAY•SARATOGA SPRINGS•NY•12866 PROPOSED SITE PLAN 35-39 ASH STREET ED
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DEED REFERENCE. MATTHEW DINES
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DATED NOAEMBER 13.20,FROM TR cula AND ASSOCIATES,INCA TO
gun MAnHEw v. nt7,IND 7"'DED'N TRE S"t"tt"t't CLEF s OFF'CE SARATOGA SPRINGS,NEW YORK
ns DEED rva zUi Tonna. SARA-MCA SPRINGS,NEW YORK
) ore A rre REPORT. www,THE BENEFIT OF AN ABSTRACT OF TITLE
ASH "' STREET IADLLAAHWAAAAADLDHAWDRAAADDALELRLLALELDWADHLLRLA LINES PROPOSED SUBDIVISION
35-39 ASH STREET
LANDS OF MATTHEW J.DINES
LOCATION:
CITY OF SARATOGA SPRINGS SEPTEMBER 2.2020
(INSIDE DISTRICT)
SARATOGA COON-IT.NEW YORK
SCALE:
1 INCH-10 FEEL MAP NO.2020-05-04