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Home My WebLink About20211167 166 Lincoln Area Variance Application **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** �0G� �K sA CITY OF SARATOGA SPRINGS (Application#) o i C) ZONING BOARD OF APPEALS ILjA'kri' v? > CITY HALL-474 BROADWAY (Date received) U !t ‘&41.0., SARATOGA SPRINGS, NEW YORK 12866-2296 `erg, TEL:518-587-3550 X2533 l'itao ORATEO X91`' www.saratoga-springs.org (Project Title) APPLICATION FOR: n INTERPRETATION, USE VARIANCE, Check if PH Required I AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT Joseph Fahy (same) Engineering America Co. Name 166 Lincoln Ave. 76 Washington St. Address Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 Phone / / 518 / 587 - 1340/ irishjoe3@gmail.com tonyay@nycap.rr.com Email Primary Contact Person: DApplicant DOwner QAttorney/Agent *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: ® Owner 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION #166 Lincoln Ave. 166 77 4 3 I. Property Address/Location: Tax Parcel No.: - - (for example: 165.52—4—37) UR-2 2. Date acquired by current owner: 3.Zoning District when purchased: Single Family Residence UR-2 4. Present use of property: 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? IZ Yes (when? For what? ) ❑ 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: Proposal of finished conditioned space within a detached accessory structure for home office/video recording space. No Plumbing,cooking, bathing or sleeping areas are proposed within this structure. 9. Is there an active written violation for this parcel? 16 Yes 0 No 10. Has the work, use or occupancy to which this appeal relates already begun? 0 Yes ❑No 11. 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) 2 AREA VARIANCE(pp.6-7) Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested Appendix A- Definition of Terms: Accessory Structure (Residential)"An unfinished and uninhabitable space in a Other detached- It uc,lui e. The Owner would like to have a finished conditioned area in a portion of the accessory structure. 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 benefit of achieving additional finished &conditioned space cannot be met within the existing house: -The applicant spoke with Building Dept.staff prior to finishing the space. They had the understanding that the proposed project was acceptable as it did not include any plumbing for cooking or bathing. -The basement does not have the headroom to accommodate habitable space. - The nature of the home office work(not a home occupation)requires seclusion and protection from disturbances and sound wliic li .,aiuwl williin the exiatiny Iwnie bit uL,luie. - Addition to the back of the main house is not feasible and would cut off the back yard from the living area of the house. -The new UDO allows for finished, habitable space within an accessory structure.The project as it is proposed is in compliance with the proposed new UDO. 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: Granting the variance should have no undesirable change to the character of the neighborhood. Using a portion of a detached accessory structure as finished space will not result in any noise outside of the building.. There will be no additional traffic to the home site.The project location is directly adjacent to Siro's restaurant,which in itself causes a distraction in the neighborhood during the summer season. Other homes in the areas are used as rentals. The proposed action will not create any change to the already diverse and often noisy neighborhood. Also,there are no windows at the rear of the detached structure which would face towards any neighboring properties in that direction. The detached accessory structure on it's own provides a privacy buffer between this project site and other neighbors. Revised 01/2021 ZONING BOARD OF APPEALSAPPLICATION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The variance is not substantial. The detached accessory structure itself is 320 sq.ft. in total. The finished space created is less than 160 sq.ft. There is no plumbing proposed for this building. Therefore no cooking or bathing facilities will be within this space. The absence of even a 1/2 bath precludes the variance as being substantial. The proposed finished space may be viewed more as a garden room, and much less of an imposition than a pool house,which is typically finished with a 1/2 bath. Inclusion of similar finished spaces within a detached accessory structure is allowable in the City's new upcoming UDO zoning. Therefore, it may be concluded that this proposed finished space at this time(only 5 1/2 months prior to the UDO effective date of 4/4/2022)is not substantial. 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 variance to include finished conditioned space in the allowable detached accessory structure does not in itself create any physical or environmental effects on the neighborhood or district. The proposed finished space should not create any noise, additional stormwater runoff, light or noise beyond that which is typical for a residence or accessory structure. The overall detached accessory structure as a whole is compliant with coverage and setback requirements. The accessory structure with sun porch and steps is 776 sq.ft. including roof overhang, resulting in only 7.4%coverage. This is well below the 10% maximum coverage allowed by zoning. 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: The alleged difficulty is self-created to the point where the proposed action is the choice of the applicant. Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 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? m No fl Yes If"yes",a statement disclosing the name,residence and nature and extent of this interest must be filed with this application. APPLICANT CERTIFICATION I/we,the property owner(s),or purchaser(s)/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 false or misleading information is grounds for immediate denial of this application. Furthermore, I/we 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. r /''+y j / Date: I 1112-1 2-1(applicant signa • - J �.J Date: (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 01/2021 2021 LAND USE BOARD FEE WORKSHEET OPED Fees Type 2021 Fee Application to Zoning Board of Appeals[1][2] TOTAL #VARIANCE Use Variance $1100+$50/app Area Variance-Residential 325 1 $275/var+$50/app+$125 each add'I variance AreaVariance-Multi-Family,Comm,Mixed-Use $660/var+$50/app+$200 each add'I variance Interpretations $550+$50/app Post-Work Application Fee Add 50%App fee+$50/app Variance extensions 50%ofAppfee+$50/app Application to Design Review Commission[1] TOTAL #STRUCTURE Demolition I $385 Residential Structures Principal $55 Accessory $55 Extension $35 Modification $55 Multi-Family,Comm,Mixed-Use Structures Sketch $165 Principal $550 Extension $200 Modification $330 Multi-Family,Comm,Mixed-Use Accessory,Signs,Awnings Principal $140 Extension $75 Modification $140 Post-Work Application Fee Add 50%App fee Application to Planning Board[1] TOTAL #STRUCTURE Special Use Permit[2] $990+$50/app Special Use Permit-extension $330 Special UsePermit-modification[2] $450+$50/app Site Plan Review-incl.PUD: Sketch Plan $330 Residential $330+$200/unit Residential-extension $200 Residential-modification $400 Non-residential $660+$130/1000 sf Non-Residential-extension $300 Non-Residential-modification $650 Subdivision-incl.PUD: TOTAL BLOTS Sketch Plan I $330 Preliminary Approval[2] Residential:1-5 lots $660+$50/app Residential:6-10 lots $990+$50/app Residential:11-20 lots $1320+$50/app Residential:21+lots $1650+50/app Residential-extension $330 Final Approval[2] Residential $1320+$175/lot+$50/app Non-Residential $2000/lot+$50/app Final Approval Modification[2] Residential $330+$50/app Non-Residential $550+$50/app Final Approval Extension Residential $135 Non-Residential $330 Other: TOTAL #LOT/ACRE Post-Work Application Fee Add 50%App fee Lot LineAdjustment $350 Letter of Credit-modification or extension $440 Letter of Credit-collection up to 1%ofLoC Recreation Fee $2000/lotorunit Land Disturbance $660+$55/acre SEQRA EIS Review(Draft&Final) TBD Legal Noticing if PB requires Public Hearing $50/app [1] Fees are based on per structure,except where noted. $325.00 TOTAL DUE [2] Legal ad required;includes City processing and publishing For Administrative Use Total Paid at Intake Revised Fee Balance Due /___/_Balance Paid Staff approval 166 Lincoln Ave 166.77-1-18 ��p • 179.-1-1 R' 166.77'1-13 -4480.111t. I y r iii leofo II 4 4 Al : '-- • , 1 4 .... ie._ 4* ii * t 166.77-3-3 16,.77-1al IR -;'*gr- 1fi6.71 1F 166.77-4-5 r 166.77-4t3 ;-. 17-14\ 7-3 `� R 4 1 Y 166.7711-16 i Illi -.•-•-•-•-"> 94I " WO _....,----'--- d. t 166.77-4-15 166.7714-6 4 11......7.__ __ A ILA., 166.77 .6 • � - 4 j 166.77-4-14 * 11 166;77-4-7 .mir y 4 166.77-3-30 - ti 166.7711-13 igidge 166.77-4-81 November 24,2021 1:1,128 0 0.01 0.01 0.02 mi Counties 2021 , ' 'I i ' I , I 0 0.01 0.02 0.04 km Cities 2021 Labels NYS ITS GIS Program Office FAHY: ACESSORY STRUCTURE 166 LINCOLN AVE.,SARATOGA SPRINGS, NY -Front Elevation as viewed facing South from yard -/ 4:. :8,:°,1r.e'. , y ' — f I J, . � — �}� Accessory structure of Accessory structure / 3 - adjacent neighbor to of adjacent neighbor r, % South West of site to South of site Y � lliklb 4'. : 1, I L4' i (i 4 . , i .i --, ..._ '• I Ilit: i, 1 • I immo :yc7 •. • a i •4f , FAHY: ACESSORY STRUCTURE 166 LINCOLN AVE.,SARATOGA SPRINGS, NY -Front&Left Side Elevation as viewed facing South West from yard ..4• Ili" /11.. ' 'Ot. illir``' 4 ,' ":4e Of 0 ‘, ,. XY if it II i r ... .id1 , ,„,,,, li ' t\.,,, e illk iiii Jilt '0-14. y iiii, '. .�- - _. .� y FAHY: ACESSORY STRUCTURE 166 LINCOLN AVE.,SARATOGA SPRINGS, NY -Right&Rear Elevation as viewed facing North East from back corner of yard 1peOr. k`:, t r- ti -a t • ., )y` 't -_ _" , i q 151 _ -� ll ell Ply — 0 li11.0 _ ;fa, i ... ,.. . _ 4 -,,,,, .... El ____ PI � % -. N 84 08'40"W 37.90' O N 83 28'10"E 26.43' i---- ... FENCEi 1s . i `" .. FENCE !' d 12'101± i II MIME , i \k \ ii k:02i1 T' SUN DECK no.-i- TFENCE I <73 Cil ! ! F. w /FENCE o 2 FIFO'S BUILDING I ENCROACHMENT 1r - momm EXISTING DECO i FENCE L.."--ENDS III RECENT FAHY: DETACHED ACCESSORY STRUCTURE ADDITION 166 LINCOLN AVE,SARATOGA SPRINGS,NY PLOT PLAN NOVEMBER 24,2021 SCALE:1"=15' EXISTING ROUSE PREPARED BY: ENGINEERING AMERICA CO. 76 WASHINGTON ST.,SARATOGA SPRINGS,NY 5181587-1340 NOTE: ACTUAL DIMENSIONS MAY VARY SLIGHTLY.CONTRACTOR IS RESPONSIBLE FOR FIELD VERIFYING DIMENSIONS PRIOR TO CONSTRUCTION&NOTIFYING DESIGN ENGINEER OF S.$2'31'10`E 5?31' ANY/ALL DISCREPANCIES. SIDEWALK LINCOLN AVE. 2x6 WALL ! _ i .11 MI 1111111111.11 1111111111111.1 I (3)7"RISERS SUN DECK APPROX.GRADE FAHY: DETACHED ACCESSORY STRUCTURE 166 LINCOLN AVE.,SARATOGA SPRINGS,NY FRONT ELEVATION NOVEMBER 17,2021 SCALE:3/16"=1'0" DOCUMENTED 4/13/21 BY: ENGINEERING AMERICA CO. 76 WASHINGTON ST.,SARATOGA SPRINGS NY 516/507-1340 NOTE: ACTUAL DIMENSIONS MAY VARY SLIGHTLY CONTRACTOR IS RESPONSIBLE FOR FIELD VERIFYING DIMENSIONS PRIOR TO CONSTRUCTION&NOTIFYING DESIGN ENGINEER OF ANY/ALL DISCREPANCIES. SUN DECK 2/12 PITCH 2x10 RR-16 00 METAL ROOFING MEM 11.111.1=1.111.1.11 WOOD SIDING CONTAI -_- ■■� METANER L =MO ::: = DOORS - 1111 (3)7"RISERS 12"CONCRETE SONOTUBE FAHY: DETACHED ACCESSORY STRUCTURE 166 LINCOLN AVE.,SARATOGA SPRINGS,NY RIGHT ELEVATION NOVEMBER 17,2021 SCALE:3/16"=1'0" DOCUMENTED 4/13/21 BY: ENGINEERING AMERICA CO. 76 WASHINGTON ST.,SARATOGA SPRINGS,NY 518/587-1340 NOTE: ACTUAL DIMENSIONS MAY VARY SLIGHTLY.CONTRACTOR IS RESPONSIBLE FOR FIELD VERIFYING DIMENSIONS PRIOR TO CONSTRUCTION&NOTIFYING DESIGN ENGINEER OF ANY/ALL DISCREPANCIES. METAL milinimmili ROOFING 11.111MIM=111 WOOD SIDING IME=MMEINMEMEMII =IMIMIIMMMal IMMEMIIMMII= MMIE=MMEIM=EMMEIMM M=IIME EMEMEMIll IMMMMEINEMIIM CONCRETE EMINIIMMEMEI SONO TUBE ME MIME=M1111. .111M \-APPROX.GRADE FAHY: DETACHED ACCESSORY STRUCTURE 166 LINCOLN AVE.,SARATOGA SPRINGS,NY REAR ELEVATION NOVEMBER I7 2021 SCALE:3/1B"-1'0. DOCUMENTED 4/13/21 BY: ENGINEERING AMERICA CO. 76 WASHINGTON ST.SARATOGA SPRINGS,NY 518/S87-1340 2/12 PITCH 2x10 RR-16'bc __---- METAL ROOFING —— — WOOD SIDING MMIIIA rSUN DECK IMM= (3)r RISERS IMI -- - I MI__ FAHY: DETACHED ACCESSORY STRUCTURE 166 LINCOLN AVE.,SARATOGA SPRINGS,NY LEFT ELEVATION NOVEMBER 17,2021 SCALE 3/16"=1'0" DOCUMENTED 4/13/21 BY: ENGINEERING AMERICA CO. 76 WASHINGTON ST,SARATOGA SPRINGS,NY 518/587-1340