HomeMy WebLinkAbout20210696 85 Nelson Use Variance Correspondance (2) CARUSONC & CARUSONC
Attorncys at Law
491 I3road�v�y —P.O. I3ox 478
Saratoga Springs, Ncw Yorlc 12866
Tel. (518) 584-3240
Fa:� (518) 584-7�51
jc.�rusone�ci?carusoncla���.com
April 18, 2�22
Via Email �nd Hand Delivery
Zoning Board of Appeals
City of Saratoga Springs
474 Broadway
Saratoga Springs, NY 12866
Re: Ted Waite/ Application for Use Variance at 85 Nelson Avenue
Dear Members of the Zoning I3oard:
The purpose of this letter is to respond to some of the recent public comments and
to summarize our argw»ent in support of the Application.
PU�3LIC COMMM�NTS
ReCirement
Since some of thc ncighbors have refert-ed to Mr. Waite's retirement, I think some
claritication is needed. Mr. Waite was employed as a Vice President at Kinderhook
Qank. When the saEe of Kinderhook Bank to C0111ri1Lllllty B117IC was announced, Mr.
Waite realized tl�at hisjob might be in jeopardy. As so often happens when one company
buys another, positions in the acquired company are eliminated in order to cut costs.
Given Mr. Wait�°s age at the time, he felt it ��ould be difficult to tind a comparable
position at another institution with a comparable salary. Since he u�as married and had
three children, he needed to continue to produce income to support his family and felt
that the best course for him was to invest in real estate. �Ithough he is "retired" from the
Bank, he conlinues to work ii1 the man�lgement of his properties. In order to purchase the
real estate, he used his 401 k.
Zoning Qoard of Appeals
April 18,2022
��1�2?
"Che subject property was sold as a three-familv house.
The owner of 89 Nelson Avenue contends, in one of her comments, that "The
p�irty that sold Mr. Waite 85 Nelson assured me that she did not represent the sale as a
three-family." While I am not aware of exactly how or when the subject property was
converted to three-family, it was �i}�pZCeIllly C�OI1C' WItIlOUt tllE issuance of the rec�uired
building permits or ���ithout the approva) of�the Zoning Board. When the former owner
applied for a building permit, it was granted with the condition that "No kitchen is
authorized to be constructed within the context of this work, nor is the construction
intended to or implied to be utilized as a temporary ��ccessory residence, �1or for rooins
foc• cent." I have ariached the rclevant documents fi-om 2002 and 2003. When Mr. Waite
purchased the premises, ihere �vere some photographs on the wall of the rear unit which
were lett �t the prop�rty. T11ey are attached to this letter and show that they were dated in
2003. It is obvious from the photographs that there was a tull kitchen in the rear unit. 1f
the persons who sold the property to Mr. Waite had created the ille�:al units, it should
come as no stirp►•ise that they would now disavo��� that they represented the property to
Mr. Waite as a tlzrce-iamily dwelling. The fact is that was oi'fered for sale to Mr. W�ite
as a three-family dwellinb. "I�he owner oi� 121 Nelson Avenue states that the subject
property "was put on the market by tlle mar�:et by the previous owner in 2010 as a sin�le-
f�milv home with a mother-in-law apartment for $859,000.00." Since the three-family
use was noi permitted, tl�e realtor wllo toolc the listii�g likely t•efLisecl to list it as a three-
family residence. In any event, it was not sold in 2010 nor was it listed for sale when Mr.
Waite purchased the premises in 2013. The owner of 121 Nelson Avenue then goes on to
say "It seems unlikely that the prior owner went to the trouble and expense of converting
tlle one-family into a three-fa���ify only to sell it tfu�ee years later for $57,500.00 less than
thev were asking for a oile-family." The records s11ow that the conversion to a three-
family �vas done as early as 2003 and not between 2010 a►ld 2013 as the coi��mentator
suggests.
The owne3• of 12l Nelson Avenue also calls into question Mr. Waite'S credibility
by referring to an email Crom Richard TierSch to vai•ious employees at the City Hall
wllerein Mr. Tiersch quotes Mr. Waite as having refer►-ed to the rear unit as a "in-law
suite" and asks the c�tiestion: "ls it conceivable Mr. Waite sa�v this as a three-family?"
Mr. Waite denies referc-ing to thc reai- unit as �il in-law suite and it defies logic that he
would refer to the property as anything other than a three-family residence knowing that
an inspection by Code Entoreement Ofticer, .iack Donnelly, or in fact by anyone else,
would clearly reveal three separlte dwelling iu�its.
The �antin� of the use variance will i�ot �ffect the charactcr of the nei�hborhood nor
di��ninish the value of a�lv of the neighborin�properties.
One of the concer�ls expressed by the commei�tators is tllat the grantin� of the
easement would somehow adversely affect the character of�the nei�hboi•hood and devalue
their homes. For example, ihe owner of 89 Nelson nvenue states "I am concerned about
tl�e whole charactcr of the neighborhoocl changii�g, thus me losin� MY investment in my
7oning Board of Appeals
April 18.?p22
Page 3
home." She also states that "flCter speal:ing with a realtor, it w�s s�iggested that my
property value could depreciate." 'T�his is no more than con.jecture. The granting of the
variance would in no way cl�ange that wl�ich h�ts existed for almost 20 years. The said
ow►lei• purchased her propei-ty in 2011 when tllc subject property was already being used
as a three-family a�1d it is tl�erefore illogical that approving what already existed for
several years would affect any change. Of�reater conceen to the neighbors should be the
potential use as a nei�hborhood bed and breakt�ast or a neighborhood rooming house
which would indeed devalue the neigllbors' praperties. In fact, a sale of the property as a
single-family residcnce for what we believe to be in the $600,000.00 r�nge would also
devalue the nei�hbors' properties.
Mr. Waite was misled by the assessmcnt records of�the City of Saratoga Sprin�s.
The commentators claim tllat thet•e was a lack of due diligence on the p�rt of Mr.
Waite. It appears that there was an illegal conversion of the subject property several
years ago which was reco�nized by tlle Assessor of the City of Saratoga Springs in 2003,
yet the coi�nmentators ��pear to place the blame entirely on Mr. Waite for having
pt�rchased the property ���ithout due diligence and therefore should suffer the economic
loss that would attend a denial of the application. This is an uni�ecessarily harsh point of
view. As previously prescnted to this Board, Mr. Waite viewed the online description of
the property as a three-f�anlily as well �is revie�vi�1� the tax bills and assessment records
which also ►�efeered to tl�e property as tllree-family. (The fact that "UR-2" also appeared
on the assessn��ent record did not in aild of itself advise a reader unfamiliar with the
zoning ordinance of tl�e zoning restcictions.) Even today, "MLS "I'ax Suite" attached to
this letter, shows the property as three-family. Only �vhen the reader gets to the bottom
01�the second page does the zoning code UR2 appear ���ith no ex�lanation as to what the
designation means. More 1111]l01't�i171 than the written records was the fact that �3n
inspection of the house clearly demonstrated it to be three-Camily.
The subject premises are not a one-family residence.
"I�he owner of 89 Nelson llvenue states that "The ar�umeni for a hardship
expensive to convert to a oile-i�imily is ridiculous, in my opinion. Cheryl Gray nailed it
when she stated `This IS a one-family.' I�ingo. This expensive conversion is a moot
point in my opinion." While there is no doubt that the subject property was probabiy a
one-family cesidence at some point in its historv consisting of�tlle front unit only, it is
most certainly a three-l�amily residence now.
SUMMARY
Sii�ce there is no proof�, nor has anyone contended, that Mr. W�ite improperly
conver•ted the premises to three-famil}', llllS I30�1Ca I11L1S1 aZl�l'1111t11', whether he knowin�lv
purcl�ased tl�e premises as a no�lconforming building. The evidence so far suggests that
he did not. If the answer rests upon M�-. Waite's credibility, then the question n�ust be
asked why he would have taken ihe risl: to pay for more than $800,000.00 for a three-
family home with his retirement funds kno�ving that the property was nonconforming.
Zoning Board of Appeals
Aprif 18,2022
Page 4
Certainly, mistakes ��ere made by the nssesso�• and apparently by Code Enforcement of
the City of Saratoga Springs, yet if this application is denied. only Mc. Waite will suffer
the consequences.
I recognize that the question of reasonable rcturn may be an area of disagreement,
btit the investment commw�ity is not witllou� meti•ics. One has the right to assl�me tl�at
return on im�esiment includes both income and appreciation. While recognizing that no
investmeizt is WItI70lll risk, I doubt that anyone c�in dispute that an investment in real
estate in the City of Saratoga Springs would yield a significant retui�n from 2013 to date.
[t is easy, if not callous, for some of the commentators to subgest that Mr. Waite is not
entitled to thc appceciation. By all measures that I am familiar with, appreciation,
particularly with respect to real estate which is not subject to the same swings as the stock
���arket, is something that an im�estor can reasonably anticipate. A Google seai•ch reveals
that in 2013, thc Dow Jones average ���as $I 5,009.52 and, as of lhis writing, is
$34,691.97. Had Mr. Waite left his money in the 401 k, it would have been wo►-th at least
twice �vhat it was when he removed the ii�nds from the 401 k and purchased the real
estate.
A sales price of $1,118,97�.OQ, as estimated by William Moore, is acl�ievable
only if�the �iltire bLiilding is converted to single-family at a cost in excess of$455,000.00.
if it had to be sold as a si�lgle-i�amily residence witho�it the cost of conversion, the selling
price comes down to $657.300.00, since only the front 2,100 square feet would be usable.
Tl�e Board shotild also note, from the attached chart, that if this application is denied and
Mr. Waite is deprived of the rental income for the i��iddle and rear tuiits (labeled 2 Bdrm
Rent anc{ 1 I3drizl Rent on the chart) the property runs at a loss.
Whilc I recognize that the application of'Rosemaiy Guanill is not identical to that
oi� Mr. Waite nor is the proof in every respect the same, there are nevertheless striking
similarities which cannot be ignored. The Zoning Board, in its tindin�s and conclusions,
stated 1s follows in the Guanill decision:
1. She purchased the premises "relying on publicly available information,
including certain publicly available records from the City of Saratoga Springs, Saratoga
County and the Eastern New Yoi-k Regional MI.S. which c(assified the property as two-
family residence."
2. She "stated tl�at she purchased the property as � two-family residence
believing tlaat slle ���ould be able to supplement her income by renting the attached
ap�rtment during the six �veek racing season."
3. She `'indicated that she would not [i�lve purchased the property had it not
been for this two-family classitication."
4. She "provided a detailed breakdo��-n of i►icoi�ie that has been generated
from the seasonal rental of the �partment during the racing season."
7onin`� f3oard of Appeals
April 18,2022
Nage 5
5. She ``pi•ovided doc�imentation that indicates that this property has beeil
taxed as a two-family residence, and ihat insusance and utilities had been paid on the
property since at least 2012 as if it were a two-1'amily residence."
6. SIZe "provided an estin�ate fi-om a contractor t17at indicates that it would
cost approxitnately $52,000.00 to retrolit the premises from a two-t��rnily to a single-
family residence."
7. "This two-family residence pre-existed her owilership."
8. "This property was treated by the City of Saratoga Springs and Saratoga
County as a lawfi�l two-family i-esidence."
9. "The property also appears to have been taxed, by both Saratoga County
and the City of Saratoga Springs, as a two-family residence, which is a significant factor
for several considerations of this applicatioil."
]0. "The applicant has demonsti-ated, and the Board tinds, that tlle variance
wil] not alter the essential character of lhe neigl�borhood."
I1. "The applicant has demonstrated that the alleged hardship has not been
self=created. The applicant states that she was una�vare that the use of the premises as a
two-family was not permitted at the time of the purch�se."
12. "Tl�ere is no indication in tl�is record tfiat the applicant created, or
contributed to, the alle�ed hardship."
1 submit that each oF the above paragraphs is cqually applicable to Mr. Waite.
I'erhaps both Mr. Waite and Ms. G�ianill, had they dug a little deeper, might have
discovered the nonconforming condition of what they purchased, but this is an imperfect
world, notwithstanding the sentiments of some of the commentators, and relief from the
st�-ict enforcemcnt of the zonin� ordinance should be granted by this Board.
Res�ectfully yolu-s,
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.Io J. Car�� o��e,.ir.
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cc: Ted Waite via email only
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Fire District: plJTSIDE (In:ide or Outsidef Nu�ber of Bedraa�s:
File Folder #: 2630 Nu�her• af Buildings; 1
Applica}ion Datea 3/04/2Z�3's
Perait Exp Date: 3l04/2�D04
Per•�it Issaed B}�: MIC4iAEL BIFFER
FEE IlVFORMATION PRYfitENT INFORMATIUN
Descriptian l)nit Per 'kH # �ollar• iotal Receipt # Cash Aet Check P�t Check Nuo6er
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APPRaV� IhlFORMATIQN
Description Sta App/Den Dt App/Den Sy
BUILDIFl6 AN� PLU�BIMG A 3l�6/2�D03 MICHAEL BIFFfR
CU�thiENT51CDND I T[��lS
ND KITCHEN IS AJ�HORIZED TO @E C�NST�If�TED blTTHIN TNE L�NTERT � THIS W�JRii �
PERMET, NOR I5 THE CDPISTRUCTION INTENDED TO OP. 1MPLIfD Ta BE UTILIZ£D A5
R TEMPDRRRY p�;CESSDRY RESIDtNCE, NDR Ft1R R�OM5 FOR AENT.
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� �"�p'` � S�'� ZONING BOARD OF APPEALS
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� - `� CITY OF SARATOGA SPRI�NGS
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5�8-587-3S5o
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IN THE MATTER OF THE APPEAL OF
David& Denise Herma�
85 Nelson Avenue
Saratoga Springs, NY 12866
fr�m the determination of the Building Inspector invo6ving the premises at 85 Nelson
Avenue,in the City of Sa�atoga Springs,New York being Section 179.21,Block 2,Lot 19 !
inside district,on the Assessment Map of said City.
WHEREAS,the appellsnt having applied fbr an area var' c under the Zoning Ordinance
of said City,as amended,to convert the existing detached barn into a temporary accessory
residence,attach same barn to the existing principal single family residence and create a
separate and exclusive entrance to the proposed temporary accessory dwelling in an
Urban Residerttial-2 district and due public notice having been duly given of a hearing on
said application held on the 3rd day of April 2002.
WNEREAS,afterdue consideration,the Board makes the following resolution and finding
of fact:
The area variance for relief for a side yard setback from 8 feet to 1.9 feet
(consistent with the current as-built condition)as shown on the submitted plans
be granted for the following reasons:
1. The applicant has demonstrated practical difficulty which would
result in significant economic injury if the variance was not granted
because the existing barn foot print is pre-existing,nonconforming �
and it would not be economically feasible to move the building.
2. The applicant has demonstrated this action is the minimum
variance would alleviate the hardship.
3. The granting of this area variance wili not have an adverse impact
on the essential character of the neighborhood.
Dated:April 3,2002
Adopted by the following vote:6 Ayes;0 Nays
ZONING BOARD OF APPEALS OF THE
CITY O�S RATOGA SPR GS,NEW YORK
, `'���f�y , � {�,�r
/V�
Date Chair
I hereby certify the above to be a full,true and correct copy of a resolution duly adopted
by the Zoning Board of Appeals of the City of Saratoga Springs on the date above
mentioned,six members of the Board being present.
¢ �v•U Z ��,�. x.P •�-�-e£.�'j'�'1(��
Date ' Secretary
.:yp�yA��� , �
� ;, - ZONING BOARD OF AI'PEALS
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- `� CITY OP SARA'I'OGA SPRINGS
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Ci[r�Ha��,474 BroaJn+ar�
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5�8-587-65�x Fax
IN THE MATTER OF.THE APPEAL OF
David&Denise Herman
85 Nelson Avenue
Saratoga Springs, NY 12866
from ttie determination of the Building inspector involving the premises at 85 Nelson �
Avenue,in the City of Saratoga Springs, New York being Section 179.21,Block 2,Lot 19 I
inside district,on the Assessment Map of said City.
�
WHER,EAS,the appeflant having applied foran area variance underthe Zoning Ordinance
of said City,as amended,to convert the existing detached 6arn into a temporary accessory
residence,attach same barn to the existing principal single family residence and create a
separate and exclusive entrance to the proposed temporary accessory dwelling in an �
Urban Residential-2 district and due public notice having been duly given of a hearing on
said application held on the 3rd day of April 2002.
WHEREAS,after due consideration,the Board makes the following resolution and finding
of fact:
The area variance to permit the conversion of an existing barn into a temoorarv I
accessory dwelling exceeding by one third the square footage of the principal
building and the construction of a separate and exclusive entrance to the bam as
shown on the submitted plans be denied for the following reasons:
1. The applicant has not demonstrated practical difficul#y which woutd
result in significanf economic injury if the area variance was not
granted because the applicant has demonstrated no need for the
requested relief and it is likely that if the relief was granted it would
result in a more intense use of the property.
2. The granting of this variance will have an adverse impact on the
essential character of the neightiorhood because the proposed use
will increase the density of the property.
3. �n view of the manner in which the di�cufty arose,the injury to the
applicant is self-imposed because the recent renovations to the
main structure result in dramatically reducing the operational uses
of the barn that is the subject of the proposed variance.
Dated:April 3,2002
Adopted by the following vote:6 Ayes;0 Nays
ZONI BOARD OF APPEALS OF THE
1 CITY SARATOGA SP NGS, NEW YORK
�I I�a�u�—
Date ^
Chair
I hereby certify the abave to be a fuN,true and correct cop.y of a resolution duly adopted
by the Zoning Board of Appeals of the City of Saratoga Springs on the dafe above
mentioned,six members of the Board being present.
��ID•OZ �._y� � ���
Date Secretary
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� MLS Tax������
Thursday, March 24,2022
LOCATION �•�
_ _ . .
PropeRy Address 85 Nelson Ave
Saratoga 5prings,NY 128663211
County Saratoga County,NY
PROPERTY SUMMARY
__ . .. _ __ __—
_ ----.. - - --- ------- —
Property Type Resider�tial -
Land Use Triplex 3 Units Any Combination 307 � ' ~��
� r
Improvement Type Traditional/Old `a'
Square Feet 3575 � 321 .��`�3u`�� ^ + -'
GENERAL PARCEL INFORMATION
------�--------__....__--- __ _------------- --
Parzel ID/Tax ID 411501 179.21-2-19
5wis Code 41�sp�
Municipality Saratoga Springs/lnside ���O1U101��"���
Tax A rea � �����e�������
411500 °��'^��ae'��►s
2010 Census TrcUBik 611/6 CURRENT OWNER__ ___ _ �__ ` __`, ___ `
Name Waite III Theodore J Barbara J Waite
Assessor Roll Year 2020
Mailing Address 2 Stable Ln
Saratoga Springs,NY 12866-8412
SCHOOL INFORMATION
_ ....__ .___...._. _
These are the ciosest schoois to the property
Caroline Street Elementary School 0.8 mi
Elementary:K to 5 Distance
Maple Avenue Middle 5chool 2.6 mi
Middle:6 to 8 Distance
Saratoga Springs High School 1.3 mi
High:9 to 12 Distance
SALES HISTORY THROUGH 02/28/2022
Da __... _ _.__ _ _ _ .. ._.. , _..�_..._
_ .--.-,, .. . __ .___ . _.. __
_ __ _. . __ _____..
__...__ ___ .__.._._�__.---..,�_�_._,_
e Amount BuyedOwners 5eller tnstrument No.Parcels Book/Page
Or
Document#
SN6►2013 5801,500 Vllaite Theodore Herman David Deed 2013/22778
TAX ASSESSMENT
_ __.. _....._____.__ - - __._.._.�._.. ._....._.____...____. .. ._. ..
_ ._ _ . _
Tax Assessment 2020 Change(%) 2049 Change(%) 2018
Assessed Land $130,�00.00 $130,000.00 $130,000.00
Assessed Improvements $283,000.00 $283,000.00 $2���
Total Assessment $413,000.00 $413,000.00 $413,000.00
Exempt Reason
TAXES
�. __... . _ . .... _ . ._ __..__ .____._._____.._._.. ._--
__._ . . ..__. .__..___.__ __ .__.____ .._..._ _.__�
Tax Year City Taxes Coun Taxes -' � " ��- `-�"`
ty School 7axes Total Taxes
2016
$0 $10,595.'14
2015
� $3,765.63
2U09
$� $9,045.17
COPYRIGHT�2p22 COURTHOUSE RE'I'RIEVAL SYSTEM,WC.ALL RIGHTS RESERVED.
Informatjon De�med Reliable But Not Guaranteed
2008 $2,213.67 $1,185.31 $5,955.46 $9.354.4! .
MORTGAGE HiSTOR`,'
..__ _-- . _____ .._... _..---_ _. .�
. _. _ ._ _ ._._ .. .
Na martgages were found for this parc�.
PROPERTY CHARACTERISTICS: BUILDING
. .___ __ _ . ...
--------- --._._.. .. .
Building#f .._ _ _...-- -_._.--.--- - --------
Type Traditional101d Condition Average Units
Year Built 1890 Effective Year Stories 2
8Rs 6 Baths 4 F H Rooms
TotalSq.Ft. 3,575
Building Square Feet(Livirtg Space) Building Square Feet(Otheh
1st Floor 1865 Partial Basement
Znd Floor t710 Garage 732
Porch Covered 132
Open Porch 8Q
�pen Porch 256
Porch Screened 40
-CONSTRUCTION
Quality C Roof Framing
Shape Roof Cover Deck
Partitions Cabinet Milhvork
Common Wall F1oor Finish
FoundaGon Interior Finish
Floor System Air Conditioning
Exterior Wall Aluminu�nyl Siding Heat Type Forced Air Unit
Structural Framing Bathroom Tile
FueP�ace Plumbing Fixtures
-OTHER
Occupancy Building Data Source
PROPERTY CHARACTERISTICS: EXTRA FEATURES
__.__________-----._ �___.__ ..__. . ._.._._.... _.__._. .. ..p. ._ __._.____ _._. __ . ..__
Feature Size or Descri tion Year 8uilt Condition
Attached Garage 3 CAR
PROPERTY CHARACTERISTICS: LOT
,_ .. _�_._._.._..-- P,__.____--__ y_�- - __. _____ _._.. ....__-- . . _
Land Use Tri lex 3 Units An Combination Lot Dimensions 51X333.5
Section 179.21 Block 2 Lot 19 Lot Square Feet 15,246
LatitudelLongitude 43.070656'/-73.774353` Acreage 0.35
PROPERTY CHARACTERISTICS: UTILITIES/AREA
- - -- __.
__._— .. __. . _
--------—_.__ _._ .._._.__.
GasSource .- .- --.. . . _ __._..
Road Type �
Electric Source Topography
1Nater Source Municipal District Trend
Sewer Sou2e Municipal School District Saratoga Spring
Zoning Code UR2
Owner Type
COPYRIGHT 6 2022 COURTHOUSE RETRIEVAI,SYSTEM,INC.ALL RIGHTS RESERVED.
Information Ueemed Reliable But Not Guaranteed.
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