HomeMy WebLinkAbout20180178 3024 FahyResidence_DeLuciaCorr_5-14-18May 14, 2018
City of Saratoga
Zoning Board of Appeals
City Hall 474 Broadway
Saratoga Springs NY 12866
Re. 166 Lincoln Avenue Fahy residence vas iaY ce appeal
Dear Chairperson,
have been retained ed by Ms. Rose Tait to review the r.e ue..• for a May 21, 2018 variance lo=cated at
1&i Lincoln Aven.3e for the construction of n aiti nal separate building to be ..ised as a residence
for an elderly Family member, Ms. Rose Tv,+1t owns the adjoining property located at 164
Avenue.
My experience regarding matters of this nature is extensive_ was employed as the Chief
Residential Building & Zoning Inspector for ar=._ l municipality for 304- years. Several of my duties
required inspections of construction. arid zoning : ' he -y pertained to the NYS Residential Building
Code and fecal zoning along with NYS 7.c.,ning requirements. In addition i prepared all residential
variances for the Zoning Board € f Appeals. i retired S years ago and opened my own consulting
business.
Based on my research for th variance request for 156 Lincoln Avenue f understand according to
the ZBt denialitto be within a UR — 2 Zoning District. This district is limited to single family we1iigs
with permited accessory a vel. One of which is a TerprGry Accessory: Dwelling Uiit which aLSo;d'
.ng
to the application is the intent of this variance. Upon further review of The ai i denial it suggests that
this proposal is in violatio s of the Area requirements of this district zone therefore, requiring an Area
variance. in addition according to the Zl5i denial letter it references the proposal is fora 'thew Second
S.,'g=e-Family residence. Therefore, this proposal not only violates .0irep r quiN eme"£a it also violates
the Use of this zoning district,which only allows for one single family home. It also violates several
.al
other requirements which are under the Use standards of a R� 2 Zoning District.a e
-� .���:,i'1� �:s ' am LJ"�. you
understand a Use variance i.equ€res a different set of standards and criteria such as a financial
hardship or financial return on the property and whether it is self-creete£l. £ have seen no valid
_xplanatio° E of each. They are essentially creating a financial hardship by building an entire separate
building. Also, the proposal is clearly self-created because the Temporary Accessory Dwelling Unit can
be built as the code allows, within the principle one family home without a terse rarien e and also it
appears there is enough are ticit to even require an Area variance.
P® Box 442
Newtonville, NY 1212 Visionplanningconsultants@ gmaii.corn_
-11111.1111r5-
•
518 857- 4486:
The code statesn. 2.1. Table 1 & 2 that a UR --2 - Zone provides for:_ filum densitysingle family
residences, which this is r%oi. consistent ' i 3 pr cs l. Also, within the code seaion £&4
'Temporary Accessoni rAvel mita ` it references this use must be within the existing legal one family
home with no exclusive access should only i�;ShLa�through i the access .of the principle building
which existing one famiiY home. The Fahy i44fic-e propicsal does not comply with this
requirement. Code --........ 5, 4.4 A"�'<. -° ;'r-� _ E - states the applicant needs to pro'•it&a'
time this aernonra. useis nem , >r Wecanc s i^t rhize thatthe initial F ` o` an d 4
.. �� Y�`y�yS� ,_•�,'`- I._ y�..�.'r� is for -, f . ' s
¢ .�.'-. ..•._ _ '.3t needs care ....-w: e what will be r-_._ ....._t.. raa_r . us.- b after that .�-.. _.-
issue, is this safest .:the bestplanseparate::is .. i 4 { y n eid n a- i
-a . fora ..E s � iv:i! e�.-a'i'�t_��'i'uis��ay
for t e.se types. s, oi situations to be ;o. i"&...ae 3 with.;_n the primlirily,single farnity }' .... _ ,. _i y ';
f22 _..hr7i:sto for particular sitlation.Cddi�,<i�<oiF.�,? �3 �i�-P_
the ?z8ax:m:;m,
Ss « feet., The proposal is 1,100 which e*.cee s the y» m=esa' t and a ai5'. brings up the
?:. why his iarge 5:xie how - ...,.. ,'anie : is i` to have an elderly family member in a separate
prirtf:iple °:igCo - i n 44 E o pt nsati'on, states r or compensationwit! be
collected for o c --c for said Temporary D. i '1g Unit. :ssi.3r.amcttit will be the case with the
e• _e -_ernb: ., whenn thisis sa;uatif'i?:.hatIges howwit be controlled after
Or
in ,uta when the property is sold?
...definition of "Principle Building!' clearly st t 'it is the building which t'p principle use is
conducted and is the closest to the front r rope: ` tine: Which is the existing onehome
shown. en the provided site plan as part o: thereaNieel, Code se `on 2:3 A — "Principle.Builditte,
states only oneprinciple building maybe es abi sr` on onelot whereas, 3 h a F a re d n e proposal
7 rrae=s 'i'.�'. � s£ �: �a
does not comply with the standards of a • ernpo ?fr'9 Accessory Dwelling unit within the primary
residence. therefore lends itself to another princicile building on one lot similar to a two. family
other pxO e° __e- _...,..:in this area vath similar .-._es that were provided clearly do
not give .,co 1gh information >_'? support his variance propioa Were thesees ...»
long before the tonin regulet ? Were they 1i1Aalled Hie 1141 Were any granted by a'r _ ._._ to
support 6F '.s appeal?
in dosing # appreciate the Board considering all the information provided when making h r
decision as it pertains to this usi viia;33xproposal,
Sincerely,
Ted f). .jK.-..,
Building . Zoning ng Co as :hii ihn Certified — NYS S #00078S7
Cc: N -4Rose Tait
PO Box 442
Newtonville, NY 12128
518 857- 448
Visionplanningconsultants@)gnmail.corr