HomeMy WebLinkAbout20210748 24 Bensonhurst Area Variance Correspondance SUPPLEMENTAL NARRATIVE: DOOLIN VARIANCE APPLICATION
24 BENSONHURST AVENUE
During the meeting on September 27, 2021, the ZBA requested the below information:
Dimensional information Comments
requested:
Current/Existing Principal 32.98% Footprint of house is the same as constructed in 2008.
Building Coverage See attached survey. Therefore, variance percentage
relief requested should be calculated as follows:
39.3% (requestetl)- 32.98% (existing) = 6.32%
Accessory building coverage 3.09% (includes 10% allowed
deck)
1.04% (without
deck)
Driveway Width 20.18' (at garage) Driveway is the same as configured when approved in
20.08' (at 2008. See attached Survey dated March 20, 2008 from
property Saratoga Springs Building file.
line/sidewalk)
Permeability 34.8% Required to have minimum of 25%
The driveway width is the same as it was when the house was constructetl in 2008, as is the location and
dimension of the back patio that is now covered. The deck was constructed with rebar to attach it to the
house. The applicant plans to either cut the rebar to detach the deck from the primary structure, or to
remove the deck structure in its entirety if its removal will allow the other variances to be granted. Based on
the UR-2 standards, a lot is allowed up to 40% building coverage, broken down as 30% principal and 10%
accessory. Because the applicants' lot has predominantly principal building coverage, the applicant would
offer to remove the deck structure if the addition and existing improvements are granted variances. This
would bring the property within 0.34% of the 40% total lot coverage allowed in the zone.
Dimensional Relief:
The dimensional relief as requested in the ZBA application is below. The building inspector's denial has not
yet been issued, but applicant suggests that the below relief should be modified for the reasons set forth in
italics and in the prior narrative submitted with the initial application.
Dimensional Required Requested Total Relief(%)
Requirements
Max Principal Building 30°/o 39.3% 9.3% (31%)
Coverage (incl.
addition) Existing as allowed in Based on 2008 allowed:
2008: 32.98% 6.2%
T�+�I Ci.Jo Co+h��L �� �� `�'Q fF�
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Pafio not subject to
sefback regulations
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Deck not subject to
setback regulations
l7oor VoriJ Co4honL �� �� 7''I�
Omit:Pre-existing, non-
conforming.
Constructed in 2008.
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Pafio not subject to
sefback regulations.
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Patio not subject to
setback regulations.
Ilri�io�nio�i IA/iiJFh 7F0/ nf Crnr��oiro nr �7 7Q A 0/ nr�f1 f� A A 0/ nr 4 faoF /�S20/1
Omit:Pre-existing, non- #�
conforming.
Constructed in 2008.
AAinimi im iJio4onno frnm C� � �_\
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rin��nhnrl rinnL
Applicant offers to
remove the deck if its
removal will allow the
proposed addition.
Addition Relocation:
The applicant was requested to review and analyze whether the adtlition could be moved to a different part
of the property. This analysis hatl already occurred when the addition was originally envisioned. The
reasons why this addition cannot be located in the rear of the property include the following (in no particular
order):
• Moving to the back north end of the property would eliminate all natural light to the kitchen/living
area and require the removal of the existing patio, fire pit, water features, gas line, water line,
landscaping, electrical, landscaping lighting, etc. which was an investment of almost$70,000,
together with the removal of a portion of the permeable lawn area and existing landscaping.
• Moving the addition to the back south end of the property would require elimination of the covered
concrete patio, which was an investment of approximately$20,000.
� As presently proposed, the addition falls within all dimensional relief(setbacks) as required by the
code. If moved to any portion of the back of the lot, addition would need at a minimum setback
relief from the rear yard as well as likely side yard relief.
• The addition is necessary for some quiet, separate space that has sound attenuation. Locating the
space adjacent to the other main living space would not achieve this goal. In the future, having a
private, quiet first floor bedroom space is essential to allow the owners to age in place.
• The "flow" in the interior of the house would be awkward with the addition/future bedroom located
right off the living room/kitchen area. Because the back part of the center hall colonial has an open
floor plan with the living space and kitchen, there is no easy method to create a bedroom adjacent
that would achieve the goals of the owners, including having a space that has sound attenuation
from the main living space of the house.
• Construction in the rear of the property is difficult and disruptive, requiring heavy machinery to
cross the narrow side yard where the AC condenser is located. When patio was constructed,
damage to the AC occurred and required $10,500 repair.
In conclusion, in considering the legal standard for area variances, the law requires the ZBA to"take into
consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the
health, safety and welfare of the neighborhood or community by such grant." The benefit to the applicant in
this instance is immense, allowing them to presently enjoy their property with a portion of the house that
has some sound attenuation from the remaining areas as well as a future benefit of providing a first floor
bedroom to allow them to age in place. Based on the drastic shift in the market in Saratoga Springs in the
last few years, the owners seek to remain in this home.As such, the benefit to allowing the variances for
the proposed construction is large. In contrast, evidence has been submitted that there is no detriment to
a�n�of the adjacent neighbors. In addition to the letters of support provided by adjacent neighbors, following
the required neighbor notification, the owners were contacted by property owners across the street who
also expressed support for the addition. Given the evidence that the community supports this addition, that
adjacent properties have not been negatively affected by any of the existing improvements and are in
support of the proposed, the balancing test weighs in favor of granting the requested relief.
The below survey was part of the building permit file from 2008 construction of home:
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