HomeMy WebLinkAbout20190029 Val Kill Properties Narrative NARRATIVE TO ZBA APPLICATION
40 SECOND STREET
DIMENSIONAL REQUIREMENTS FROM TO TOTAL RELIEF
REQUESTED
Maximum principal buildings on one lot 1 2 1
Cottage setback-rear .6 sf 25 sf 24.4 sf
Cottage setback side 2.2 sf 8 sf 5.8 sf
Minimum floor area—1 story 351 sf _ 900 sf 549 sf
Maximum building coverage percentage 38.1% 30% 8.1%
History of Property:
The applicant for this variance,Vat-Kill Properties North LLC,whose members are Gina Peca and Christopher Rose,
(sometimes referred to as applicants or owners) purchased property at 40 Second Street on August 1, 2017 as an
investment property. The property contains a single-family residence and a converted cottage structure that has been
used as an inlaw and rental apartment. It is estimated that the structures were built in 1920s. The property predates
the setbacks and other dimensional relief established by the zoning code for this district. At the time of purchase,
the property was listed as a three-bedroom house with a separate structure that could be used for an in-law,art
studio with loft or home office.At the time of showing the property in advance of the sale,the cottage had a full
kitchen with appliances and full bath, including a shower.The listing agent for the home advised the applicants that
the Rothsteins,the prior owners of 40 Second Street, received $850 per month in revenue from the rental of the
cottage space and that the owner's mother lived in the space at one time.
The real estate broker for the home, Leslie Rafaniello of Miranda Realty,was both the buyer and seller broker in this
transaction. The initial offer by the owners on the house was made March 21, 2017. It was declined.A Freedom of
Information Law(FOIL) request was made by the applicantsiafter their construction project was stopped by the
building department. Based on the results of the FOIL, it was discovered that after applicants' initial offer was
declined,on April 5,2017, Laura Rong, a realtor called the city and was told the cottage was an illegal dwelling. On
April 11, 2017,the realtor in this transaction, Leslie Rafaniello, called the city and was also advised that the cottage
was unlawful.A few months after the discussion with the city, Leslie reached out to the current owners to advise that
another offer had fallen through and that their initial offer would be accepted. She did not disclose any part of the
discussion with the city or that the cottage was illegal.The contract for the property was signed and accepted on
June 14, 2017.
A few weeks later, on July 3,2017,the attorney for the owners inquired with the city about whether there were any
violations for the property.The city did not respond until almost six weeks later,on August 16, 2017,when the
response advised the"garage is in violation because of lawful use". However,this was two weeks after the property
had been sold to the owners.The email was not provided by the attorney until the violations were made and the
owners requested it. The email identified that the property did not have permits or a certificate of occupancy because
it predated zoning. The non-disclosure by the realtor and the communications between the closing attorney and the
city were not discovered until after the owners purchased the property, made significant investment into the property,
purchased appliances and fixtures, began work,were stopped in their work and then filed a FOIL request of city
records.
After purchasing the home,the owners immediately began work on the property, including the cottage,to update it in
order to get it ready to rent. On September 19, 2017,John Barney from the city building department stopped at the
house to see what work was being done. The workers advised him that the work being done did not require a
building permit.John agreed with them and left the premises.The owners continued to make investment and
complete work on the cottage,with confidence they were able to fix up the structures.A week later,on September
25, 2017,Jim Herkel of code enforcement arrived at the property and advised the workers to stop work on the
property.When they recounted the previous discussion with John Barney,Jim went back to his car(presumably to
contact John)and returned in a few minutes and advised the workers to continue their work. However,two days later,
a stop work order was issued for the property.
Following the stop work order,the owners of the home filed a FOIL request. Based upon the documents they
reviewed after the purchase,they discovered the following:
® On February 14, 2001,the city notified then owner Jack Rothstein that the cottage was being used
improperly as an apartment and he needed to contact the city.
O In March of 2001, Jack Rothstein met with the city.
O On January 21, 2015,Jack Rothstein received a Notice of Violation which requested the violation be
immediately remedied. For the next three years,Jack was working with the city but did not come into
compliance and was not required to appear in court.
e In April 2017,the city advised the realtor for the property that the violations were outstanding. The FOIL
request shows the city has a copy of the marketing materials for the property which showed the illegal use
of the cottage. However,the city did not notify the owners to come into compliance or red tag the cottage to
provide notice to potential purchasers of the violation.
▪ The city's File Notes show that the city was aware the house was listed for sale and reflects"Garage w/in-
law/Home Office."
• In early July 2017,the city was contacted by the applicants'attorney to inquire about whether any violations
or code issues existed.The city did not respond until approximately 6 weeks later, in mid-August, and
weeks after the transfer of the property to the current owners/applicants.
Shortly after purchase of the property,construction was commenced to renovate the cottage,consistent with the use
of the property as advertised.The owners invested upwards of$20,000 on renovations before the stop work order
was issued.
At least eight other houses in the vicinity(Catherine Street, Second Stree and East Avenue) have two family homes
located on them. They include the following properties: 68, 72,75, 76,78 and 110 Catherine Street;43 Second
Street;43 East Avenue. The properties located at 68 Catherine Street and 43 East Avenue have lots that are
approximately the same size(4356 sf and 4792 sf respectively)as the 40 Second Street property, but the size of the
square footage of the residences is 2134 sf and 2523 sf,compared to the instant property's 1400 sf.This house is
consistent with other homes in the UR-2 district which are located on smaller sized lots in close proximity to each
other and predate current zoning regulations.
Area Variance Standards:
1.Whether the benefit sought by the applicant can be achieved by other feasible means.
The applicant seeks an area variance to allow(1)two principal structures on the 40 Second Street property and (2)
for setback relief from the cottage structure. The benefit cannot be achieved by other feasible means. The structures
present on site predate zoning.The structures in the neighborhood are all in close proximity to neighboring properties
and obtaining additional property to correct the violations is not an available option.As is depicted on the survey,the
immediately adjacent property is located directly on the applicants' lot line.The owners purchased the property to use
it as it was marketed and once the property was acquired, made a significant investment into the cottage in order to
upgrade it for rental. When they purchased the property, it had a full bathroom and kitchen and had been previously
utilized for rental income and as an inlaw apartment. In order to bring the property into compliance with zoning,
additional sums would be required to be expended in order to gut the property to make it compliant, including
removal of existing kitchen, custom small appliances and bathroom. It is not economically feasible require the owners
to go to these lengths and financial burden when their actions were made in good faith, based upon the advice and
marketing materials of their real estate agent. In addition,they hired and relied on their closing attorney for advice
related to the sale and continued to make improvements after the city officials on two separate occasions told them it
was fine to continue to work on the premises. Finally,the city noticed the violations in 2001, but chose not to pursue
any action to enforce the regulations until almost two decades later.The city's lack of enforcement has contributed to
the actions of others in creating this situation,from which the owners seek relief.
2.Whether wanting the variance will produce an undesirable change in the character of the neighborhood or a
detriment to nearby properties.
This variance will not alter the character of the neighborhood.These two structures are in existence and have been a
part of the neighborhood for almost a century. Based upon information obtained by the owners after their work was
stopped,the cottage structure has been used for an additional living space for decades and a continuation of this use
will not be a detriment.This property is located in an area where many other two family homes exist on one lot(see
above narrative),two of which are significantly Iarger structures on approximately the same size lot as the instant
one. Due to the small size of the cottage structure, it would only be large enough to accommodate one(or at most
two)people.This will not have a significant impact on the neighborhood,which is comprised of homes in relative
close proximity containing multiple inhabitants.The outward appearance of the property will not change as a result of
the granting of the variances. The cottage has been present on the property and used for this purpose for many
years and the exterior will not be required to be modified regardless of the outcome of the variance application.
3.Whether the variance is substantial.
The requested variances are not substantial and would bring the property into compliance with the zoning code. This
has been an existing condition in the neighborhood for several decades.The granting of the variances would result in
the continuation of the use as has been in existence and would not alter the outside appearance of the structures or
the layout of the lot. The granting of the variances will simply make a previously non-compliant use compliant. The
only changes will be on the interior of the property,where upgrades have already been made, significantly preserving
the character and integrity of the home. These upgrades will only positively affect neighboring property owners as the
value of the property has increased and the care in which the property is kept has been beneficial.
4.Whether the variance will have adverse physical or environmental effects on the neighborhood or district.
The variance will have no negative physical or environmental impacts on the neighborhood or the district. This
property is a low impact residential use. It is a small dwelling, and the ability to have one or two people occupy the
structure will not have any negative effects on the neighborhood. The granting of the variance will simply bless a
condition which has been in existence for a significant period of time. No change in the current conditions on the
property will arise as a result of the granting of the variances for relief from the maximum number of principal
structures or from setback relief.
5.Whether the alleged difficulty was self-created?
This condition was not self-created. Setback violations predate the current requirements of the zoning code and the
prior owners allowed the property to remain non-compliant and failed to properly disclose that the cottage use
violated the property. The property was marketed and sold as a property which could be used for two dwelling units
and generate revenue. Both the sellers and the realtor were aware that the cottage was not compliant, but they failed
to disclose this to the purchasers, and in fact, actively marketed the property for rental for that use.The prior owners
built the kitchen and full bathroom several decades ago.The city had knowledge of the improvements but chose not
to enforce the violation against the prior owners. However,within two months of my clients'ownership,the city has
taken an aggressive stance in pursuing the enforcement.
The prior owners were the ones who created the condition,with full knowledge of the city of both the violation and the
marketing of the property for sale in 2017. For whatever reason,the city did not pursue the violations or enforcement.
The owners properly hired an attorney and a realtor and relied on their advice when purchasing the property. They
did not have any way of knowing that an inquiry to the city had not been tracked and followed before the closing
occurred. The owners also relied on the two city officials who visited the property and allowed the work to continue
after viewing the construction and talking to the workers.
The city was on notice that the property was being marketed for the cottage to be used as a principal structure. The
city was contacted on two separate occasions by different realtors who were marketing the property including use of
the cottage.When the owner's attorney inquired about the property to the city planning and building department,she
was not advised of the existence of any violations until more than 6 weeks after the request was made. The city's
delayed response was received after the property had changed hands.The city had notice that the property was
being marketed for an illegal use,was contacted multiple times about the illegal use by realtors, was notified that a
closing was scheduled to occur, but did not notify the potential purchaser's attorney of this. Despite this knowledge
that sale was imminent, no enforcement steps were taken against the prior owners who created the problem.The
city's failure to correct the violations that it was aware of in 2001 has contributed to the hardship.The current owners
proceeded diligently in every step to acquire the property for the proposed use. Once acquired and significant
investment was made, an enforcement action was commenced against them. Self-created hardship does not exist in
this pending application.
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Current Prong! www.MaltaNVhomescom
Location, Location, Location! Desirable East side home, 1 block from North Broadway. This home
has that special Saratoga character & a very livable, comfortable floor plan. Ready for
Your Custom upgrades on this Premium sunny lot wI Green space on south & west sides!
Original wood floors, newer shingle roof, newer mechanicals. Garage space with In-law or
Home office w/ lots of potential. Nice quiet street, in town location, easy stroll to Grocery,
Restaurants, Downtown or Track. Investor Alert, Million Dollar Homes on street!
Come fall in love with this adorable home, call Leslie to see it today!
To Look up phone: wwwlesliesHomes4u.com
-r +0 Seco n SteetSaratogaprins, 1286
_.' turnRight, home on Right.
��.�. ,� From Downtown Saratoga Springs, take N Broadway to e�cond t, g
It. .A Call Leslie Rafaniello 518.301 .4109
•II { rIncOr email me at LesliesHomes4U@Gmail.com Real Estate Group,In .
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MLS#: 201616959 Status: New
List Price: $3507000"
Address: 40 SECOND ST 12866 Total BR: 3 Map: 360352
Cty/Tn(Taxing): Saratoga Springs Village: Total Rm: 10 Style: Colonial
City/Town(Mail Address)Saratoga S Total 8th: 2.0 Model:
County: Saratoga Locale: one bk to N Broadway
School District: Saratoga Springs Projected School:
ROOM B 1 2 3 FRP Basement: Part,Crawl Space Roof: Asphalt Shingle,Metal
Living Room: 1 Attic: Other Exterior: Wood
Dining Room;FDR 1 Laundry: 1st Floor Off St Parking: 2 Age: 100
Kitchen: 1 Garage: 0 Condition: Very Good Age Desc: Estimated
Family Room: Amenities: Country Kitchen,Built-In Cabinets,Wood Floors
Bedroom: 3 Handicap: No
Office 1 Fireplaces:
Art Studio 1 Interior Features: Paddle Fan,High Speed Internet Acc Woodstoves:
Acres: 0.080
Full Bath: 0 1 1 0 Survey:
Partial Bath: 0 0 0 0 Exterior Features: Porch/Screened,Porch
Kitchen Type: Eat In Appliances: Range w/Oven,Refrigerator,Dishwasher Above Gr SqFt: 1400
Desc: Estimated
Access.Features: Below GR SqFt:
Lot: 51 x 85
Level
Description:
OPEN HOUSE-TUESDAY AUG 16th 10amr-NOON.Charming Saratoga Springs East side home,one block from North Broadway.This
Remarks: sweet home has that special Saratoga character and a very livable,comfortable floor plan.Original wood floors throughout,updated
bath,newer mechanicals and roof.Garage space has an In-law or great art studio w/loft,with lots of potential.Nice quiet location
blocks to Skidmore and an easy stroll to Downtown or Fresh Market.Come fall in love with this adorable home.See it today!
Directions: From downtown Saratoga Springs,drive up North Broadway to right on Second Street,1.5 blocks on right.
UTILITIES ANNUAL TAXES OFFERING TERMS
Heat System: Steam General: $
Heat Fuel: Natural Gas School: $ HOA: No Assum Mtg:
Fuel Costs: Village: $ HOA Fee: $ Balance: $
Cooling Total: $3,000 E HOA Period: Rate:
Water: Public Sewer:Public Spec Assess: $ HOA Incl:
Branded Virtual Tour
The information in this listing was gathered from third party sources including the seller and public records. CRMLS and its subscribers
disclaim any and all representations or warranties as to the accuracy of this information.
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CITY HALL Plumbing
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Codes
' Saratoga Springs, New York 12866 Zoning
Telephone 518-587-3550
THOMAS J.GURLEY
Commissioner Fax 518-587-1068 MICHAEL J.BtFFER
. Building Inspector
ROBERT G.KING
Deputy Commissioner ROBERT W.HICKEY
Asst.Bldg.Inspector
February 14, 2001
Jack H.&Marilyn E.Rothstein
40 Second Street
Saratoga Springs,NY 12866
Re: Garage Apartment
Dear Mr. &Mrs.Rothstein:
We have been notified that the detached two-car garage on your premises is being utilized
for residential purposes/living quarters.There is no record that this building meets
residential codes or that it had approvals to be occupied as a residence.
Please contact me in the next few days with information on this premises.You will not want
to be cited for violations of the zoning ordinances or the state uniform codes.
Yours truly,
' - c-e.,...&----BI -c.
Michael Buffer
City of Sardloga Springs STEPHEN SHAW
Zoning 4
BUILDING DEPARTMENT &Building Inspector)—
Extension 2491
-
CITY HALL
: )UAE MILLER
474 Broadway Assistant Building Inspector
Saratoga Springs,NY 12866 Extension 2312
MICEIAEL CARLSON
Tetephone (518)587-3550 Ext.2511 Assistant Building Inspector
• BUILDING & PLUMBING
Fax(518)580-9480 Extension 2541
• CODES
• ZONING www.saratoga-springsiorg
NOTICE OF VIOLATION
January 21, 2015
Jack H. Marilyn& E. Rothstein
40 Second Street
Saratoga Springs, DIY 12866
Re: Garage Apartment
Dear Mr. 85 Mrs. Rothstein,
In 2001 you were notified that use of the two car garage on your premises for
living quarters was illegal.
A meeting was set up with then Building Inspector Mike Buffer on March 5,
2001 to settle the issue. I have no record that anything progressed past that stage
meaning that the property is still in violation.
Please contact the Building Department immediately to remedy this violation.
Failure to comply will result in a 'Notice to Vacate",
Sincerely,
V- rie
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S rThen Shaw
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