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Home My WebLink About20190029 Val Kill Residence Correspondance (2) DCWILLIAMS www.dcwilliamslaw.com 470 Park Ave So. (212)368-7110 New York,NY 10016 (914)737-8628 fax 8 Brook Lane (914)736-6648 Cortlandt Manor,NY 10567 (914)737-8628 fax March 2,2019 William Moore,Chairman Zoning Board of Appeals 15 Vanderbilt Ave. Saratoga Springs,NY 12866 Re:40 Second Street,Project#20190029 Dear Sir: The undersigned represents Sandra Williams,the owner of 95 Catherine Street(Tax I.D. 165.36-2-12). Ms.Williams property line is located roughly 6 inches from the structure which is the subject of the referenced request for an area variance. For the reasons set forth below this request for a variance should be denied. The premises presently consists of a small single family home and a detached garage. As is noted in the application,the premises is zoned for single family residential use. The narrative submitted with the application states that the MLS listing suggested that the garage had been legally converted into an apartment. This is not accurate.At the time the applicants purchased the property public records-and the online listings clearly state it was considered by the city as a single family house with"detached garage". The public records section of one popular listing service which is attached hereto clearly shows this. Moreover,the asking and the purchase prices reflected the fact that the property was a single family unit and not a multiple family property. The garage or"cottage"in question was converted by the previous owners a number of years ago into a substandard apartment without a permit. To hide the conversion the garage doors were left in place and a side entrance door,not visible from the street,was installed. The garage had two small windows. This was clearly a non-conforming use. As the narrative submitted with the application states,the previous owners had been notified that the conversion of the garage was a non-conforming use in violation of the zoning ordinances but that they were not aware of this and should therefore be excused from continuing the violation. What obviously occurred was that the previous owners recognized that the conversion was illegal and approximately 18 months before the property was listed for sale,the garage was vacated. It was empty at the time of sale. Significantly,whatever non-conforming status the property had obtained as a result of the illegal conversion,it was lost during the period it was vacant.(Saratoga Zoning Ordinance Section 5.3.2). In short,the applicants knowingly purchased a legal single family home and a detached garage. After the applicants purchased the property,they made substantial improvements. However after improving the main structure,they began to significantly alter the garage. They DCWILLIAMS&ASSOCIATES attempted to hide this by leaving the garage doors in place and by making changes only to the interior and the rear of the building.After complaints were lodged with the City of Saratoga Springs Office of Code Enforcement,a stop work order was issued. The alterations to the garage were conducted without a request for a zoning variance and even more troublesome without a building permit. It was obvious that the new owners had no intention of complying with the zoning laws or the health and safety standards of the building code. Not only would their efforts have altered the essential character of the neighborhood (single family homes)and placed a substandard living unit literally inches from adjacent properties,it would have created a substantial health and safety risk to any tenant. As a specific example,the applicants installed a picture window on the rear of the building. This window does not meet the fire code requirements for emergency egress windows(NYS Residential Code Section R310)nor is the window set back from the property line as required under the fire and building codes. More generally applicants also created a sleeping loft in the garage which apparently does not meet building and code requirements. It does not meet square footage or ceiling height requirements. It has no emergency egress. It is reached by a stairwell/ladder which does not meet the building code. Furthermore,it appears that substantial plumbing and electrical work was done on the garage without any permits creating a bathroom and kitchen which in all likelihood do not meet building code requirements. We recognize that the application is for an area variance for zoning purposes and not whether the applicant's attempted renovations meet the building and fire codes. But the failure to even try and meet these requirements is a one of the factors which the board must consider. Specifically addressing the requirements set forth on the application form we note the following: 1. The applicants cannot claim that they cannot realize a reasonable financial return on the property. The property was advertised and priced as a single family unit and that is what they bought. 2. Any financial hardship-if one exists-is not unique. Single family homes in the area-indeed the two houses immediately adjacent on both sides- are routinely rented. Applicants did rent the house at what must be assumed are competitive rents. 3. The variance if granted would alter the character of the neighborhood. It would permit a substandard multiple unit dwelling on a small lot amongst single family homes. 4. The alleged hardship was self-created. Applicants attempted to alter the garage without permits or variances and it was done in a manner which obviously violated the building and fire codes. 5. The requested variance is substantial. It essentially eliminates setback requirements for the property and allows a non-conforming use of an accessory building. Finally,to be clear we have no objection to the use of the garage as a garage. However it Page 2 of 3 DCWILLIAMS&ASSOCIATES should not be a separate living unit and the variance should not be granted and the renovations should be removed. /7 Respectfu s fCni d , „de, �., avid C.W. Hams DCW:dcw Please address all correspondence to our new address: DC Williams and Associates 95 Catherine Street Saratoga Springs,NY 12866 (917)847-2136 Fax:914 737-8628 dwilliams@attglobal.net attglobal.net Page 3 of 3 31412019 40 Second St,Saratoga Springs,NY 12866-realtor.com® realtor.conr Log In Sign Up Advertise Buy Sell Rent Mortgage Find Realtors® My Home News&Insights Advertise < Saratoga Springs,NY x 0, Public Owner F 4wo1s A. 1 '10 104 ii— V. I ji!lii lit lit - 4 _.:. ..-- —-ze _ ' ---ZI IIS OMIIIIMMWUllk https_tlw nr_reattor cornlrealestateandhomes-detail/40-SSecond-St Saratoga Springs_NY 12866_M33425-00736 1111 3/4/2019 40 Second St,Saratoga Springs,NY 12866-realtor.com0 Est. $270,700 0 Track Your Home Value 3 1 1,360 3,485 Map beds bath sq ft sqft lot Commute Time 40 Second St,Saratoga Springs,NY 12866 ic=>Share de Edit Facts peclust FREE Analysis Property Overview-Great location,1 bik from North Broadway&Million Dollar Homes.This Sweet,cozy home has that special Saratoga character&Hardwood floors.Garage wlStudio has lots of potential.Buy this home to rent or generate Income now,or RENO for a Upscale City look!Why own a Condo with noisy neighbors when you can OWN Read More,/ 36.60% $387OK Less expensive than Since last sold nearby properties 0 in 2018 0 $1,908 Rental Estimate 0 Own this home? Check out your owner dashboard to: • Track your home's value and comps • Update the important details and photos • Easily compare similar homes in your area Claim your home Home Value https://www.realtor.cornirealestateandhomes-detail/40-Second-St_Saratoga-Springs_NY_12866_M33425-00736 2/11 314/2019 40 Second St,Saratoga Springs,NY 12866-realtor.come 40 Second St is likely to appreciate by 5%in the next year,based on the latest home price index.In the last 4 years, this home has increased its value by 27%. 9450K March 2019 This home $270,700 $400K 350K, 9300K S250K 9200K L1F;OK 2016 2017 2010 2019 2020 Estimated values are not a substitute for professional expertise.Contact your REALTOR®for a market assessment. Are you the owner of 40 Second St? Learn how to maximize your home value. Track Your Home 1r Similar Homes For Sale Comparison of 40 Second St,Saratoga Springs,NY 12866 with Nearby Homes; https://www.realtoccom/realestateandhomes-detail/40-Second-St_Saratoga-Springs_NY_12866_M33425-00736 3111 3/4/2019 40 Second St,Saratoga Springs,NY 12866-realtor.com® , , ' , ,,,,?,,,_2* -.- s _1'.„,:''...'A r:—,,,,-,' — • - 4%—', ,A 7 A ,, -F wk, i I ' -*i'giegiiti ' - '' ' OM . _ A �r $224,000 $203,000 $255,000 $ 3 bd,2 ba,1,900 sq ft 3 bd,1 ba,1,439 sq ft 4 bd,2 ba,1,619 sq ft 4 42 Pheasant Ct 4 Stafford Bridge Rd 88 Jones Rd 1 •3%less expensive • 12%less expensive •9%more expensive 4 * 540 sq ft larger *79 sq ft larger * 259 sq ft larger 4 • Larger lot * Larger lot *Larger lot 4 •58 years newer •30 years older 4 41 years newer 4 12. Interested in any of these homes?Have a local agent show you around. % Homes around Second St For Sale - f ( ::) f r t n $1,099,000 4 bd 2+ ba 2,805 sq ft 55 Greenfield Ave,Saratoga Springs,NY 12866 Contact Agent Days On Market 1t Property History This property was sold 5 times in the last 23 years. Today 0 Estimated at$270,700 https://wwwsealtar.com/reatestateandhomes-detai/40-Second-St Saratoga-Springs_NY 12866_M33425-00736 4/11 3/4/2019 40 Second St,Saratoga Springs,NY 12866-realtor.com® Aug 2,2018 Sold for$232,000 Oct 26,2017 C) Sold for$96,300 Aug 4,2017 C) Sold for$232,000 Jut 26,2017 0 Listed for$272,500 Jun 16,2017 Price Changed to$272,500 May 26,2017 C) Sold for$272,500 Feb 7,2017 (D Price Changed to$284,000 Feb 6,2017 Price Changed to$284,000 Feb 1,2017 0 Price Changed to$290,000 Jan 19,2017 Price Changed to$290,000 Dec 10,2016 0 Price Changed to$300,000 Dec 9,2016 C) Price Changed to$300,000 Nov 11,2016 0 Price Changed to$315,000 Nov 6,2016 C) Price Changed to$315,000 Oct 8,2016 (:) Price Changed to$325,000 Oct 7,2016 C) Price Changed to$325,000 Sep 18,2016 C) Price Changed to$339,900 Aug 19,2016 C) Listed for$350,000 . _. r* .* https://www.realtor.com/realestateandhornes-detaii/40-Second-St_Saratoga-Springs_NY_12866_M33425-00736 5/11 3/4/2019 40 Second St,Saratoga Springs,NY 12866-realtor.com® Listing presented by Leslie Warner-Rafaniello with Miranda Real Estate Group,Inc Aug 14,2016 Listed for$350,000 Jul 30,1996 0 Sold for$96,300 Jul 26,1996 0 Listed for$102,500 History data displayed is obtained from public records and/or WS feeds from the local jurisdiction.Contact your REALTOR®directly in order to obtain latest information. Property Details LIOD Status Price/Sq Ft Type Built Off Market $199 Single Farnil... 1920 Public Records • Beds:3 • House size:1,360 sq ft • Stories:2 • Lot size:3485 • Garage:Detached Garage • Cooling:Unknown • Year built:1920 • Year renovated:1945 • Property type:Single family • Style:Old Style • Date updated:09/20/2018 • Units:1 Nearby Schools Rating* School Name 8 Lake Avenue Elementary School https://www.realtor.com/realestateandhomes-detail/40-Second-St_Saratoga-Springs_NY_12866_M33425-00736 6/11 31412019 40 Second St,Saratoga Springs,NY 12866-realtorcom® Rating* School Name 7 Maple Avenue Middle School See More *School data provided by National Center for Education Statistics,Pitney Bowes,and GreatSchools.intended for reference only. GreatSchools Ratings compare a school's test performance to statewide results.To verify enrollment eligibility,contact the school or district directly. fic6-6 Neighborhood 40 Second St is located in the city of Saratoga Springs,NY. $427,000 $368,690 105 $216 Median Listing Price Median Sales Price Median Days on Market Price Per Sq Ft Explore The Neighborhood https://www.realtorcom/realestateandhomes-detaii/40-Second-St_Saratoga-Springs_NY_12866_M33425-00736 7111 3/4/2019 40 Second St,Saratoga Springs,NY 12866-realtor.corn0 Sponsored by„#;,;Statefarm 1 Price &Tax History Property Price Date Event Price Today Estimated $270,700 08/02/2018 Sold $232,000 10/26/2017 Sold $96,300 08/04/2017 Sold $232,000 07/26/2017 Listed $272,500 06/16/2017 Price Changed $272,500 05/26/2017 Sold $272,500 n9/n7/9n17 Printa(thannPri g9Rd Orin See More Property Tax Year Taxes Total Assessment 2017 $1,083 $133,400 2016 $1,681 $133,400 2015 $2,256 $133,400 2014 $2,068 $133,400 2013 $2,189 $133,400 2012 $2,109 $133,400 2011 $2,106 $133,400 https://www.realtor.com/realestateandhomes-detail/40-Second-St_Saratoga-Springs_NY_12866_,A133425-00736 8/11 3/4/2019 40 Second St,Saratoga Springs,NY 12866-realtor.com® See Mores' About History&Taxes Data The price and tax history data displayed is obtained from public records and/or MLS feeds from the local jurisdiction.Contact your REALTOR°directly in order to obtain the most up-to-date information available. $$ Nearby Home Values Address Estimate Bed Bath Homes near 12866 This Home Est.$270,700 3 1 18 Perry St $199,061 3 2 17 Van Dorn St $303,200 3 2 15 Worth St $342,900 3 2 48 Warren St $301,000 3 2 20 Avery St $332,100 3 2 See More What is Your Home Worth? https://www.realtorcom/realestateandhomes-detail/40-Second-St_Saratoga-Springs_NY_12866_M33425-00736 9/11 3/4/2019 40 Second St,Saratoga Springs,NY 12866-realtor.com® o Your Name u Email t. Phone Looking to sell in... � 1 S f By clicking Request a FREE Analysis,you consent to receive texts and calls(including by automated means and prerecorded/artificial voices) from realtor.com and real estate professionals about your request.Your consent is not required as a condition to buy,More Homes Around $270,700 4.1" 42 Pheasant Ct,Saratoga Springs,NY 14 Lamplighter Ln,Saratoga Springs, 168 Jefferson St,St 12866 NY 12866 12866 42 Pheasant Ct 14 Lamplighter Ln 168 Jefferson St 3 bd • 2 ba• 1,900 sq ft 3 bd•2 ba• 936 sq ft 2 bd•2+ba • 1,530 sq ft Homes near 40 Second St have a median list price of 8259,900 and a median price per square foot of$189. Nearby Homes with Pools around 12866 31 Magnolia Dr,Saratoga Springs,NY 42 Pheasant Ct,Saratoga Springs,NY 162 Grand Ave,San 12866 12866 12866 31 Magnolia Dr 42 Pheasant Ct 162 Grand Ave 5 bd -3+ba•3,594 sq ft 3 bd•2 ba• 1,900 sq ft 4 bd• 3 ba •3,627 sq ft https://www,realtor.corn/realestateandhomes-detai1/40-Second-St Saratoga-Springs_NY 12866_M33425--00736 10/11 3/4/2019 40 Second St,Saratoga Springs,NY 12866-realtor.com® There are 15 homes with pools near 40 Second St. Additional Information About 40 Second St,Saratoga Springs,NY 12866 Are you hunting for property records for the home located at 40 Second St,Saratoga Springs,NY 12866?If so,we can help you easily find crucial details for the property as well as other Saratoga Springs property records,New York public records,and other vital real estate details that can help you simplify the moving process.At this moment the home at 40 Second St is not currently for sale but we See More Nearby Cities Saratoga Homes for Sale Ballston Spa Homes for Sale Factory Village Homes for Sale Malta Homes for Sale Milton Center Homes for Sale See Morev AD CHOICES ADVERTISE WITH US AGENT SUPPORT PRIVACY I TERMS SITEMAP 01995-2019 National Association of REALTORS and Move,Inc.All rights reserved. realtor.core is the official site of the National Association of REALTORS and is operated by Move,Inc.,a subsidiary of News Corp. https://www.realtor.corn/realestateandhomes-detail/40-Second-St_Saratoga-Springs_NY_12866_M33425-00736 11/11