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20230281 13 Wiswall/Long Alley Application
**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED*" r�`"v",I'' CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS CITY HALL - 474 BROADWAY -Y SARATOGA SPRINGS, NEW YORK 12866-2296 TEL: 518-587-3550 X2533 rofirr,o . « www.saratoga-spn.ngs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* Name John Witt Address 563 No. Broadway Saratoga Springs, NY 12866 Phone 518-587-4113 Email chopeck@witttconstruction.com Primary Contact Person: ❑✓ Applicant arum urrlut UJtI (Application #) (Date received) (Project Title) Check if PH Required Staff Review OWNER) (/fnot Wplicant) ATTORNEY/AGENT John Witt 563 Broadway Saratoga Springs, NY 12866 518-587- / 4113 chopeck@wittconstruction.com �✓ Owner Attorney/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: 0 Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION I . Property Address/Location: 13 Wiswall Lane 2. Date acquired by current owner: 2-23-202 4. Present use of property: Vacant Tax Parcel No.: 165 44 _ 1 _ 47 (for example: 165.52 — 4 — 37) 3. Zoning District when purchased: UR-3 5. Current Zoning District: UR-3 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? 12-31-03 For what? Area Variance See 0 No Page 6 7. Is property located within (check all that apply)?: ❑ Historic District ❑ Architectural Review District ❑ 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: Convert to a two unit residential apartment with garage parking 9. Is there an active written violation for this parcel? ❑ Yes Qi No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes e No 11. Identify the type of appeal you are requesting (check all that apply): ❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 2 AREA VARIANCE (pp. 6-7) Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE 2 INTERPRETATION —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): I . Identify the section(s) of the Zoning Ordinance for which you are seeking an interpretation: Section(s) 2. How do you request that this section be interpreted? 3. If interpretation is denied, do you wish to request alternative zoning relief? MYes ❑No 4. If the answer to #3 is "yes," what alternative relief do you request?❑ Use Variance ❑ Area Variance EXTENSION OF A VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 1. Date original variance was granted: 3. Date original variance expired: 2. Type of variance granted? ❑ Use ❑ Area 5. Explain why the extension is necessary. Why wasn't the original timeframe sufficient? When requesting an extension of time for an existing variance, the applicant must prove that the circumstances upon which the original variance was granted have not changed. Specifically demonstrate that there have been no significant changes on the site, in the neighborhood, or within the circumstances upon which the original variance was granted: Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE 3 USE VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): A use variance is requested to permit the following: For the Zoning Board to grant a request for a use variance, an applicant must prove that the zoning regulations create an unnecessary hardship in relation to that property. In seeking a use variance, New York State law requires an applicant to prove all four of the following "tests". That the applicant cannot realize a reasonable financial return on initial investment for any currently permitted use on the property. "Dollars & cents" proof must be submitted as evidence. The property in question cannot yield a reasonable return for the following reasons: A. Submit the following financial evidence relating to this property (attach additional evidence as needed): 1) Date of purchase: Purchase amount: $ 2) Indicate dates and costs of any improvements made to property after purchase: Date Improvement 3) Annual maintenance expenses: $ 5) Annual income generated from property: $ 4) Annual taxes: $ Cost 6) City assessed value: $ Equalization rate: Estimated Market Value: $ 7) Appraised Value: $ Appraiser: Appraisal Assumptions: Revised O1/2021 ZONING BDARD OFAPPEALSAPPLIc4 TION FORM B. Has property been listed for sale with ❑Yes If "yes", for how long? the Multiple Listing Service (MLS)? [E]No 1) Original listing date(s): If listing price was reduced, describe when and to what extent: Original listing price: 2) Has the property been advertised in the newspapers or other publications? MYes ❑No If yes, describe frequency and name of publications: 3) Has the property had a "For Sale" sign posted on it? ❑Yes ❑ No If yes, list dates when sign was posted: 4) How many times has the property been shown and with what results? PAGE 4 2. That the financial hardship relating to this property is unique and does not apply to a substantial portion of the neighborhood. Difficulties shared with numerous other properties in the same neighborhood or district would not satisfy this requirement. This previously identified financial hardship is unique for the following reasons: Revised 01/2021 ZONING BOARD OFAPPEALS APPLICATION FORM 3. That the variance, if granted, will not alter the essential character of the neighborhood. Changes that will alter the character of a neighborhood or district would be at odds with the purpose of the Zoning Ordinance. The requested variance will not alter the character of the neighborhood for the following reasons: 4. That the alleged hardship has not been self-created. An applicant (whether the property owner or one acting on behalf of the property owner) cannot claim "unnecessary hardship" if that hardship was created by the applicant, or if the applicant acquired the property knowing (or was in a position to know) the conditions for which the applicant is seeking relief. The hardship has not been self-created for the following reasons: Revised 01/2021 ZONING BOARD OFAPPEALS APPLICAT/ON 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 Front 10, 2.2' Rear 25' 9.9' Total Side 12' 9' One Side 4' 0 Lot Coverage 30% 69% Lot Size 8,000sq.ft 3996.sq ft Lot Width 80' 60' Premeable 25% 29% Other: Please note there are no changes from variance application 12/31/03 and the approval of varaince 1/29/04 Enclosed. 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: 1. 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 land on all sides is already occupied and or used in conjunction with the structures which are located on the land. It is not feasible to purchase surrounding lands. 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 this variance will not produce undesirable change in the character of the neighborhood. It will relieve parking stress on the street. Most buildings have been converted to residential uses in this area. Revised 01/2021 ZONI%VG BOARD OFAPPEALSAPPLICATION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The variance is not substantial, due to the surrounding structures being mostly single and muti family residences. The structure already exists and rehab will be in keeping within the historic value of the neighborhood. 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 proposed building is more congruent with neighborhood vernacular than existing warehouse/garage. 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: This difficulty is do to past approved variance lapse. Revised 01/2021 ZONING BOARD OFAPPEALS APPLICATION FORM DISCLOSURE PAGE B Does any City officer, employee, or family member thereof have a financial interest (as defined by General Municipal Law Section 809) in this application? 0 No ❑ 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. ,V (applicant signature) (applicant signature) Date: � If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature: Date: Revised 01/2021 CITY OF SARATOGA SPRINGS 1 ZONING BOARD OF APPEALS trk C.,� Haii, - 474 13ro-ad� Sarataga, srwi , -(-, New Yo rIv 12 8 66 Tei,- 518-587-3550 X2533 y��RHORAT50 g1' INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS 1. ELIGIBILITY: To apply for relief from the City's Zoning Ordinance, an applicant must be the property owner(s) or lessee, or have an option to lease or purchase the property in question. The Zoning Board of Appeals (ZBA) shall not accept any application for appeal that includes a parcel which has a written violation from the Zoning and Building Inspector that is not the subject of the application. 2. COMPLETE SUBMISSIONS: Applicants are encouraged to work with City staff to ensure a complete application. The ZBA will only consider properly completed applications that contain I original and I digital version of the following: 5d Completed application pages I and 8, the pages relating to the requested relief (p. 2 for interpretation or extension, pp. 3-5 for use variance, pp. 6-7 for area variance), and any additional supporting materials/ documentation. "HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" Ill Completed SEQR Environmental Assessment Form — short or long form as required by action. http://www.dec. ny.gov/docs/permits—ej_operations_pdf/seafpartone.pdf 10 Detailed "to scale" drawings of the proposed project — folded and no larger than 24"x 36". Identify all existing and proposed structures, lot boundaries and dimensions, and the relationship of structures to the lot dimensions. Also, include any natural or manmade features that might affect your property (e.g., drains, ponds, easements, etc.). Photographs showing the site and subject of your appeal, and its relationship to adjacent properties. 3. APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance". REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT. Check City's website (wy w.saratoga-springs.org) for meeting dates. Revised 01/2021 ZONING BOARD APPEAL APPLICATION /NSTRucnoNS PAGE 2 PUBLIC HEARING ADVERTISEMENT The Zoning Board of Appeals is required to hold a public hearing on each submitted application within ninety (90) days from when it is determined to be properly complete by City staff. City staff will prepare a legal notice for the public hearing and arrange to have the public hearing announcement printed in the legal notice section of a local publication at least 5 days before the hearing. PROPERTY OWNER NOTIFICATION Applicants are required to mail a copy of the public hearing legal notice to all property owners within the following distances from the boundaries of the land in question: Type of variance Distance for property owner notification Use variance 250 feet Area variance & Interpretation 100 feet This notice must be sent at least 7 days but not more than 20 days before the date of the public hearing. City staff will email a copy of the "property owner notification letter" to the applicant. The applicant must then send the notification letter to the nearby property owners. Applicants may not include any other materials in this mailing. The mailing must be certified by the U.S. Post Office. Prior to the public hearing, applicants must present the Post Office "certificates of mailing" to the ZBA. If "certificates of mailing" are not presented prior to the hearing, the hearing will be cancelled. 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 AreaVariance- Residential 1 8 $275/var+$50/app +$125 each add'I variance AreaVariance - Multi -Family, Comm, Mixed -Use $660/var+$50/app+$200each add'Ivariance 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 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 Use Permit -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 #LOTS Sketch Plan 1$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 .. $3 Non -Residential $33300 Other: TOTAL #LOT/ACRE Past -Work Application Fee Add 5091. App fee Lot Line Adjustment $350 Letter of Credit - modification or extension $440 Letter of Credit -collection upto 1%ofLoC Recreation Fee $2000/lotorunit Land Disturbance $660+$55/acre SEORA EIS Review (Draft & Final) TBD Legal Noticing if PB requires Public Hearing $50/app [1] Fees are based onper structure, except where noted. $1.00 TOTALDUE [2] Legal ad required; includes City processing and publishing iarAdminlstrative Use Total Paid at Intake Revised Fee Balance Due /_ Balance Paid Staff approval Short Environmental Assessment Form Part I - Project Information Instructions for Completiniz Part l — Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 — Project and Sponsor Information John Witt Name of Action or Project: 13 Wiswall Lane Project Location (describe, and attach a location map): 13 Wiswall Lane Brief Description of Proposed Action: Convert to a two unit residental apartment with garage parking Name of Applicant or Sponsor: Telephone: 518-587-4113 John Witt E-Mail: chopeck@wittconstructin.com Address:. 563 North Broadway City/PO: State: Zip Code: Saratoga Springs NY 12866 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: ❑ 3. a. Total acreage of the site of the proposed action? 9785sq ft acres b. Total acreage to be physically disturbed? 9785 sq ft acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 9785 sq ft acres 4. Check all land uses that occur on, are adjoining or near the proposed action: Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑✓ Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ Fv� ❑� ❑ ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ❑ a 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑ ❑ ❑ ❑� ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: The project will meet NYS enegy code for residential. NO YES ❑ 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES ❑ W 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES ❑ ❑ ❑ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES I —vl ❑ Fv-1 ❑ Page 2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban ❑✓ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ❑ ❑ 16. Is the project site located in the 100-year flood plan? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES ❑� ❑ ❑ ❑ ❑✓ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES ❑ ❑ .19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES ❑ ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE j , Applicant/sponsor/name: � /� V � � Date: Signature: Title: M M/ PRINT FORM Page 3 of 3 b185809480 CITY ENGINEER PAGE 01 ; i I • I A : s City of Saratoga Rvn�s 81tADLE1 a� � Administrator y OFFICE OF PLANNING &ECONOMIC i G)WFF BO lANN + i its P hnner ` ICE` VELOPMENT ANTHONYY TOZZL v CITY HAI., ! Assistant'City planner 474 Broadway Saratoga Springs, NY 19888 CiNDY PMLWS Community Developmcm Coordinator: I SIT* LEY NZWRAM Administrative Assismnt I' Telephone 519.687-5550 Fax-690-9480 FACSIMILE TRANSMITTAL , TO., FROM: i COMPANY: DATE: I FAX NUMBER; TOTAL NO. OF PAGES INCLUDING COVER: PHONE NUMBER: o URGENT ❑ FOR REVIEW 0 PLEASE COMMENT O PLEASE REPLY0 FOR YOUR INFORMATION NOTEWCOMMENTS: [CLICK HERE AND TYPE RETURN ADDRESS] i Sri<oi<oua nq:dn 51a56094eB CITY ENGINEER PAGE 02 ZONING BOARD OF APPEALS - CITY OF SARATOGA SPRINGS ! o y (Sty HSU, 476 Broadway ,. Saratoga Spring$, New York 1Qsee ✓ } ' '� Telephone 618.697.366o �y Fax 618-68o-9480 RASt '9 w�vw.eeratoge-apringe.org ' SECOND AMENDED Filing Date: 12 31 03 NO—: This appeal must bQ completed legibly and filed with the Clerk of the Board within twenty days of the date of the determination of the Building inspector. The application must be specific in all sections of the application APPEAL FROM DECISION OF BUILDING INSPECTOR AND APPLICATION FOR A RELIEF UNDER THE ZONING ORDINANCE A. STATEMENT OF OWNERSHIP ANI1 INT REST Appilcant Owner (If not applicant) Attorney/Agent Name JOHN WITT (Wiswall)) (Woodlawn) Michael J. Toohay William Orthwein Mark Lawson Snvde_ r. tcvT Ley Address 563 No. Broadway 1059 Ct. Rt. 70 444 Broadway PO Box Corbett ett4367ox, LLP Saratoga springs, NY Saratoga �S--p-r-in�s-_Saratoga Spring Saratoga Springs, IiY Telephone g- ' 128" n11 2866 12866 51 587-4113 • 51B-584-�500 ' Fax _518-587»0760 511-114-1503 PREMISES AFFECTED Address (number and street) Lot 53 Wiswall .Lang; 136 Woodlawn Avenue eat s e o swa one Side of street (north, east, etc,) East side of Woodlawn Avenue City Assessment Map: Section 1 b6.44 1 47 (Wiswall) XWoodlawn 6", Block 3 , Lo 17j Inslde District" Outside District_ 1. Date acquired by current oviner: Wiswall Lana (Lawson) 11/11/98, Woodlawn (Orthwein) 1/28/98 2. When purchased, sold premise was zoned (district name); UR-3 3. Present use of property: Wiswall - Garage; Woodlawn - Apartment& 4. Current Zoning (district name): UR-3 5• Has any previous aPPlicationz or appeal been filed'wt thI Board In conriectlon vvi 1h►�'remise? M yes ® no if yes, when? Woodlawn, yes _)/�SOt80 . - 5 p dpartment&; swa 1 no 6.1 What Is the applicants Interest In the premises? Downer ❑leases ❑ cpllon to lease or purchase sae addendum 7• Is the premise located within 500 feet of a state park, M yes ❑ no city boundary, or county/state h►ghway? 8• Brief description of proposed action: see addendum • ! 9• What Is the projected cost of the proposal? $500, 000 12 months 10. If the application Is approved, what are the starting and completion dates?fter manicivalpV81s. 11. Has the work, use or occupancy to Which this appeal related already begun? 0 yea S9 no n�/to/�nn5 04:38 5185809460 CITY ENGINEER PAGE 03 Zoning Board of Appeals Application Form ' Page 2 I hereby appeal from the determination of the BuildingIn clot, dated January 04 , pe 20 and do apply , ! for the type of relief Indicated below B. ; .ARE YOU REQUESTING AN'lNTERPREIMIONN?®` YES ' ' ❑ NO (if yes, answer each of the sections below.) i 1. Of what sactions(s) of tho Zoning Ordinance are you seeking an Interpretatlon? i Sections) 240-14.4(A) (1) (6), 240 2,4M ;; I �f 2. How do you request this section be interpreted? see _attached aheet a. 3. Do you raqueqtj#tempti1 zoning relief in the event that you do•not obtaln an Interpretation as required? K yes 4. a answer to #3 Is'y ," hot alternative relief do you request? rse ; I + variance rea variance as stated below) (as stated below) ; I 1 ! C. _ ARE YOU REQUESTING AN AREA V RinN ®'YES ❑ NO (If yes, answer each of the sections below.) '� 1. The applicant requests relief from the following dimensional requirements: Section of Type of Ordinaries Reouirement From To 'see_ attached -schedule B 2. Please state the reasons why an area variance is necessary: The lot ea it• eiiets ie preseatly fully occupied by the The I ! garage, North, We and ka9t variances are pre-eaiHtin The area variances on the south comply "one t with the' aide" (4') variaaee requ rflmenes'., a oo awn property a west'aa soul vat ancea are pre-existing and weie-.not created I_:i� as a result of the illegal:eubdivieion. The property a:ten rig o, awe nfl a e er p p y g to t e oo awn ro er an helps relieve parking;'streae on the e street. 3• Explaln why the granting of an'area variance will not produce a, change Id the character the of neighborhood or detriment to nearby propertles. The Woodlava -buildi . is a legal five unit apartment building. Wiswall has been a garage andstorage warehouse site, The buildin a on the:alla exist as, or -are bean converted to residential uses. The alley Which historically was accessary j residential uses which are permitted within sthis tzone,is being converted nto 4. Can the benefits sought be achieved by some other feasible method' other than an area variance? t3 yes ® no i i If 'no,* what eifematives'have been explored and why are the not acceptable? The land on all aides is already occupied and/or used in j conjunction with the structures which are located on.'the land, i I. i 09/26/2005 04:38 5185809460 Zoning Board of Appeals Application Form CITY ENGINEER PAGE 04 1 i i Page 3 . 5.' The variance requested Is the minimum variance which will solve the epplicanfs problem because: The building exists but for the southwest exeansion and that only minimally affects the needed variances 6. Explain why the granting of an area variance will not.have an adverse effect or Impact on the physical or environmental conditions In the neighborhood or district. The use of the buiidi for residential.2urpose& Is more consistent than the historic xarahouss/garaze'usa. 7: whether the alleged :01fflculty was self-created. (Did you purchase the knowledge of the difficulty?) property with the h7) The buildine has not hee*' urchased i i 8. Does your request for an Brea variance involve any of the following: 1. A request for dimensional relief from requirements of total lot size which would allow additional permitted units and/or permifted uses? ❑ yes , tt>rno 2. Request for relief from on site parking requirements? ❑ yes � rLkno 3• Request forreduction In land area requirements for multi -family units? O yesx® no (if yes to a,_b, and/or c, be aware that Section 240-14,4.A. 1 .6. requires that an application shall be made for a use variance and decided under use variance criteria. You must complete section D below.) 9• The cost of complying with the ordinances dimensional request Is estimated to be'$ unknown greater than the cost'lf the area vadence(s) were granted. D. ARE `YOUEQUESTIN AUJI (It yes, answer each of the section j � j; .4CE� ,� ,YES ❑ NQ •. 77 The applicant requests relief to waive the use permitted in Zone following use(s): Tc utilize the building as a tw2o by Permitting the : t5 () un t aparcmenc building., 2 The premise in question cannot yield a reasonable return if. used onlyforapurpose In that zone' because;' The buildin' will be used for a' u se a>t edlixi h the zone. The coriversioa will not yield a reasonable return'i• it is onl used as a'sin id family Oct See Schedule e; Please submit the following financial evidence (additional needed): attachments' may be added as e) The amount paid forthle entire parcel: �+9,500, ooDate of purchase: 11/�1I/98 b) The present,value of the parcel: Total assessed value: i 25 900, 00 !' Equalization rate:. Estimated Market Value: $332p5�, pp Other appraisals: Date: N/A.' By: Estimated Value: c) Annual expenses attributable to maintenance: $ N/A �- d) Amount of taxes paid on the parcel: $ 921. 6o e) Amount of any mortgage or other encumbrances: $ N/A 09/26/2005 04:38 5185809480 CITY ENGINEER PAGE 05 1 I zoning Board of Appeals Applicaflon Form i Page 4 ' ' f1 Amount of Income from the property $ o �; i 1 9) If the applicant has made Improvements to the property prior to thg date of'lurchase, i Indicate dates and costs of said Improvements: i ate ve e i f dost' h) Has the property been listed for sale with the Multiple Listing 'Servlee (MLS) by a licensed realtor? ' ayes ❑ no If yes, for how long?ainc4t 5/30419ipgt/02, . What was th'e'origlnal listing price? $95, 000.00•, 1 j Describe how this ilsting price was determined: ' 1 I If the listing price has been reduced, describe when and to what extent; 1) Has the property been advertised in the MLS book or In the newspapers? @ Yes ❑ no If yes, describe,frequenoy and name of publications. )) Has the property had a "For Sale" sign posted on it? 29 yes ❑.no �f yes, (ist dates when sign wee posted: k) Now many Urn has the property been shown and with what,►esulis?:five times, one pxior contract for $90,000. Found out th'e lot was not a,'lagai lot and contract was withdrawn, j 1) The variance.requgsted Is the minimum variance which will ellsvlate the specific unnecessary Hardship, because: This is the permitted'r3umber of units Within the zone and the number of units needed to approach the brgakeven point when !taking into consideration the reconstruction coats. 3• The hardship relating to the property Is unique and does not apply:to a sybstendel portion of the district or nelghtidrhood. The unique circumstances are The property was improperly subdivided, and as a result, is on a substandard lot, a o canno a logically mer ed backwards to form a conforming lot. The size-of,Ghe,efructureroa the props an t e Cost o convera 4. on this site. on requ re t e cons ruct on. xo u a 1 n112b/2005 04:38 5185809480 Zoning Board olAppaale Application Form Page 5 E.. ARE Vm k ecnr rr........., _ 4. F. WMR-�? ❑ YE - - - — , aAr-R[1y t 1UN OF AN S ; Nis (if yes, answer each of the sections below) Date variance was granted: -- — Extension data requested: Type of variance? p u'se C) area State why the extension Is necessary. i i Since the variance was granted, have there been any significant' changes on the site or in the nelahborhood7 O yea CI no If yea, please describe: tuK(;) on �'� uo mon made by the Design Review Commission elements of the DRC decision be reversed • The applicant requests the following specific Identify the estlmated hardship value that the DRC decision would cost: Cost bf improvements with DRC decision? $ Cost of improvements if hardship appeal is granted by ZeA; $ ! 2 Describe, with dollars and cents proof, how the DRC decision has made this property In of earning a'reasonable return, regardless of whether that return represents the most profitable return Possible? 'i i 3, Describe how the DRo edslon could prevent the adaptation of the ,ro e j permitted by'the Zonin Ordinance In the zoning district in which the P p rh' for any o{her use whether by the curreriNowrier or by a purchaser, which would result in a #art e s I C Property is located, tum: 4• If the DRC decision rejects a demolition r uest, that were made to find a purchaser Interested In acquiring the property and preserving o �; describe the reasonable good faith efforts 5 Describe the. good faith efforts the applicant has had with the DRC, local preservation and Interested parties In a diligent effort to seek an altemative which will jUon groups preservation of the property; i 09/26/2805 04:38 5185809480 CITY ENGINEER PAGE 07 Zoning 13oard of Appeals AppIlcatlon Form Page 6 G. ATTACHED HERETO!an re Items re 'd made a part of this appeal a is llited belbw,'which athe minimum riquIred The ali'llcallon will be considered Incomplete;' lih u 2 a I Of these Rem#. P 0 t I A copy of the Budding' Inspectors Daniel, 2. Proof (or admission --'see below) that this Notice of Appeal has been sarJed on the'Suilding Inspector and on the Clerk of the Zoning Board ofAppeals. 3. Ten -sets of 'to scale", drawings of the proposed a tructure (if any), showing Its'Intemal configoration, locatiori on lot, and dlmensions and boundaries of lot. 71hh drawings should show the proposed dr:66dating connections of the subject property to utility, water and sewer llnes,and any natural 6r man-made features of which the proximity mighf affect thi subject property (e.g., dr-ains,ponds, easements, etc.). The drawings should not be larger than 24"x3a, 4. A completed SEAR short environmental assessment form (for use varli only). 5. One set of photographs of the premises or site that relates to the iubject,of the appeal, 6. Application fee (non refundable), make check payable to the "City "of Sar#toga Springs' Interpretation: $200 (no fee If part of application for use and/drarea variance) Use variance-, $Soo , Area variance: $150 for residential and $400 for non realden Va (no fee if part Of application for use variance) Extension: $150 Hardship appeals: Historic Review $ 0 Architectural Review s `�o STATEMENT OF ADMISSION if 1, the undersigned, the owner, leasiWor prospective owner with a purchase contract or prospective leasee with a contract on the property, or i person designated in writing by any of the °at`br"int16riad parties to reprasant the applicant as attorney' O� agent, hereby request an appearance 'bpf6p6 thb Zoning Board of re 240 of the Zoning Code of the City Appeals. I agree to meet all requi Ments under of Saratoga Springs. I hereby depose and say at all of�ih that a above statements and the statements contained In the papers submitted herewith ere true, to the lie t of my knowledge and belief. Sworn to before me;this date: m kppllcant b -�k �& J X J . �To-oh Service Of the above notice Is hereby admitted this date: i a cl konlng and of Appew6 ey/2b/1005 04:38 5185809480 CITY ENGINEER PAGE 08 j , 1418- 01tw—Tut 12. PROJECT I,D. NUMBER `" I 617.20 Appendix SEAR State Environmental Quolify Review SHORT ENVIRONMENTAL ASSESSMENT FORM F For UNLISTED ACTIONS Only PART (._pRp,iECt INEORfiAATION (To be Completed by Applicant or Project sponsor 1. APPLICANT ISPONSOR % I John Witt 2 �+o�g TN j 53 `Wiawal La1ie 3. PROJECT LCCATION.- West si e o iswa ane Municipality 58rato •a Springs nty Saratoga 4. PRECISE LOCATION (&freer address ane toed intareeotlons, Prominent fandmarhs rele, or provide map) North of Church Street, on the west aide of Wiswall Lane. Also north of Church Street on the east side of Woodlawn Avenue, s, IS PROPOSED ACTION: ' ON- ❑Expansion 20ModAfo4ttonlaltatatloo I, 8: DESCRtDE PROJECT BRIEFLY! i To legalize an illegal subdivision and to convert the building on Wiswall Lane into a two unit apartment building. 7. AMOUNT OP LAND APPECTRO tnillali ' 9785 8 ft, 9785 i .. sere Ut s 4• fit. 9 • WILL PROPOAE0 ACTION COMPLY WITbI DttsTlNCi ZONING OR OTtI i I�Yee [] No tt No, ae r XR EXISTING LA (19E RESTRICTIONS? i 8o ribs briefly As to use, but will require a series of Area Variances. ji i 9. WHAT IB•PAEBENT LAND USE IN WCNVtTy OF PROJECTS I ; ®Reeldentlal ❑Industrlel Commercial Deactl0e: ©Apriauttyra ❑Park/Foreet/Open epees Dome, 10, DOES AC TION ►NYa4vE A PERMIT APPROVAL, as FUNDING STATEORO�R LOCAQ? , NOW OR ULTIMATELY FROM ANY OTHER t30VERNM@NTAL Apt;NCY {FEDFRAI, Tee ONo If yes, Ilat egerICIMI and permltlapproyale Planning Board, City of Saratoga Springs I � 11. DOES ANY ASPECT OF ` ! i THE ACTION HAVE A dURRENTLT VALID PERMIT OR APPROVAL7 XOa Ci No if yae, Ilef agency name and petmluapproval 136 Woodlawn AvaUUO is a legal 5 unit apartment building, j 12. 'A6 A A $-LILT OF PROPOSED ACTION WILL ERSTIl G PFAMITiAaPgOVAI REQUIRE MODIFIOATIOiv j DYeQ ®No j i I CERTIFY THAT THE INFORMATION PROVIDED ggpyg Ig TRUE TO THE BEST 0 ! P liiY KNOWLEDGE t ApplanUaponeor ,new John Witt ; by. I ch1kdl ate: D 12/3i/03 Stpnature; : � I If the action: is to the Coal.Sial Ares, And you are a state agency, j I eoatrtel Assessment frsrm before proceeding with this a 6089tiie(1t a file OVER r: 1 ' i i i U5/26/2005 04:38 5185809480 CITY ENGINEER i - PAGE es I Addendum to Zoning Application: John Witt �i A. 6) The Applicant is under contract to purchase Wiswall Lane for the use specified herein, The Orthweins:owa 136 Woodlawn Avenue, which property is included in this application to address the illegal subdivision of these I 1974, properties which took place in A. B), The Applicant w' fishes to convert the garage on Wiswall Lane into two apartments. When the property was:investigated, it was determined that h had bees illegally subdivided in 1974. As a result, the application will have to go to the Plaimiiig $o I d to I. legalize the illegal subdivision; but before that can be done, area variances have to e j acquired, not just for,the VJiswall Lane garage, but also for the Woodla : I Avenue i property C. 1) Section of Type of Fr=m 0rd.=ce Rern„rement swall Area Requirement Front From To Wiswall 2.2' Area Requirement Rear 25, , Wiswall Area Requirement Total Side 12' 9;9 Wiswall Area Requitement One Side 41 Wiswall Area Requirement Lot Coverage 30% 6 0 Wiswall Area Requirement Lot Size 9 /o Wiswall 8,000 sq. ft, 3996 sq, ft. Wiswall Area Requirement Lot Width 80, 60' Area Requuremcnt Permeable 25a/o 29% Woodlawn Area Requirement Front Woodlawn Q ; 0 Area Re' uimment One Side 40 WO Am Area Re . 0 Requirement Lot Width 80' 491 1 09/26/2005 04:38 5185809480 CITY ENGINEER PAGE 10 SHEET A rNTER'RETATION A(l) Question: a) Does Zoning Code Section 240-14.4(A)(1)(6), which char es'the standard of proof needed for an "area variance" to that of a "use variance", apply in this situation because of this Application that would permit the construction of residential use that is allowed within the Code, may result in an increase in density as a result of a possible earlier improper subdivision of the property? f b) Is the possible improper subdivision of the land a condition found to have existed prior to the '.'effective date" effective date of the c]ieptof this Chapter (Zoning Code 240.2.4 [El)? The Boaid. er was August 1990 according to the Attorney for the Zoning (2) e P OeM IriVgjvv d --�.____�_. Tax parcel I65,44-1-47 (Wiswall lane =Lawson) Tax Parcel 165.43-3.16 (142 Woodlawn'Avenbe = Coe Tax Parcel 165.43-3.17 (136 Woodlawchran) Avenue n'A--Qrthweine . (see blended Tax Map attached) i (3) EAW-E Qpe Hist Zy. i In 1918 all three tax parcels were owned by William J. Burke and Jererniah M. Wineham. In 1921 tax parcel 165.43-3-16 (142 Woodlawn Avenue) was carved off and conveyed which was a legal subdivision as it pre -dated the Zoning Code and regulations as we now'know them, Subdivision In 1974 the home at 136 Woodlawn Avenue (tax parcel 165.43.3=17) was sold and divided off of the'bam on Long Alley (ne primary subject of this Application. ow Wiswall Lane), The barn is th Subsequent to 'the 1974 sale, the City of Saratoga Springs acknowledged 136 Woodlawn Avenue anti the barn as two separate tax parcels resulting in the issuance and payment of independent City, County, School and Ad Valorem taxes on each parcel, Since 1974, 136 Woodlawn Avenue has had seven (7) Deeds having to do with the ownership of the;property filed and acknowledged by the Ci of the assessed owner'of the roe through the alteration on the property. p pY and the recipient of the taxills and utility charges The Wiswall Mane parcel since 1974 has had four (4) transfers to date with the same' level of aoknoWrledgment by the City as specified above.:.. . 09/26/2005 04:36 5185809460 CITY ENGINEER PAGE 11 Mr. Lawson -and I& Orthwein, the present owners of the propeitle9,'had nothing to do with the 1974 division of the lots and no one reviewing the title to their property, either individually or'from the point of view of a lending institution, has `questioned the legality of their right tb use the property for its zoned use or the mechanism by which the lots were historically divided, In 1980 John J. Zullo and Linda A. Zullo, the then owners of 136 Woodlawn Avenue, made an application seeking a variance to allow the property to;be used as a five unit apartment building. On July 10,1980 the Zoning Board of Appeals;una�ously approved that variance. As a result since that time 136 Woodlawn Avenue's permitted and Iegal use has been as a five unit apartment building supply eight parking spots between the rear of the residential struoture and Wiswall Lane A of the Zoning Variance is attached,' copy (4) Statute: a) Section 240-14.4(A) (J) (6) "(6) Any request for an area variance which shall affect a char • in densi shall be applied for and considered as a use variance and decided`under the criteria for the same. Situations involving area variances which shall change in density Shall include, but not be limited to, th c foaffect a llowing; I (a] Requests for dimensional relief from requirements oftotal lot size whiclr'would allow additional permitted units and/or permitted uses, [b] Requests for relief from oa-site parking requirements. (c] Requests for reduction in land area require units" ments for multi -family • i b) Section 240-2,4(B) " ro Any building or parcel of land found at any time to contravene the specific provisions of this chapter shall be deemed to be in vioto op thereof, except in cases where such contravention is justified either: by reason of here* 'conditions except found to have existed prior to the effective date of this chapter of b y tini of a: variance by the Board of Appeals, as hereinafter provided,.follovAng the effective date of this chapter provided, however, that such contraventions confo.. the provisions and special requirements, if any, under which such rms granted." ance was B. Requested Interpretation: The use variance standard required by Zoning Code, Section 240-14A(A) (1) (6) does not apply for any or all of the following reasons: MJ/2b/2005 04.38 5185809480 CITY ENGINEER j PAGE 12 ;i 1) The granting of the 1990 variance for 136 Woodlawn Avenue, (Tax Parcel 165.43-3-17) tnadc Legal the parcel and.its use for five (S). residential units: �n granting that relief, the City. either actually or inadvertently, acknowledged the { j presence of taz parce1165.44-1.47 as a legal adjoining jbt, ; The applications for j j the use of the. Wiswall Lot for a permitted purpose of a two family residence merely allows this property to be used for its primary intended purpose, and as a result, is not Sri violation of the above specified section of the Zoning Code.' i:. 1 2) Since 1974 the City of Saratoga Springs has not questioned the division of I tFi these two lots having had it brought to the City's attention by lne ` of eleven 01) transfers of the real property and the issuance of the above specified Zoning I Variance. The City, by one of its Boards, should not now declare°the Wiswall ! .t Land parcel an illegal and undevelopable lot nor call into question the legality of 136 Woodlawn'Avenue and its use. 3) According in the Assistant City Attorney, the effective date of this chapter was j is August of 1990, Section 240-2,4(B) specifies that a building o; parcel of land shall be in violation of this chapter (the Zoning Code) Ugsg the violation is "by reason of conditions found to have existed prior to the effective date of this chapter." The "conditions" which require the "use variance" stag card to be' applied existed prior to the effective date (1990) of this chapter. Because of this the Wiswall Lane lot which may be in contravention of the Zoning Code because i of the 1974 action is excepted from that violation by the revised Code because the Illegal action predated its 1990 enactment. �j • is ! � • is ! �;L'�• 1I . I Iiid _ o�/�o/�nna I7a:38 5185a09480 CITY ENGINEER j PAGE 13 �• � I j I SCHEDULE B r Zo ning Applications John Witt I !� A. 6) The Applicant is under contract to purchase Wiswall Lane for the use specified herein. The Orthwefns own 136 Woodlawn Avenue r ieh�ppy; is mdtided'in tiis> a,�phcaBon to addres9'the illegal°subdivrsio . I 174.1 _nloftbesepioperties which to1Iace In i A. 8) The Applicant wishes to aozivert the garage on Wiswall Labe into two epart'm ents. When the property was *esh ate it_was determined B d, ! i 1 i subdivided in 1974 that it had,been illegally As'sresuk th0� g I i i I z ,. BPPon will VE to o Do the P1at5niti Haaidto .I $egaliu thtilegal snbsnsion, but before that can lie done;erea vananees haveto�bc cgwred,not just for t�re Wiswall Lane garage, but also for the Wpodtav5n Avonuq ` property C. Section of Type of o ertvae e e l Wiswall Area Requirement Front 1p� Wiswall Area Re 2.2' Requirement Real• Wiswall Area Requirement Total Side i2' 9;9 ! ' Wiswall Area Requirement One Side 4' 0 Wiswall Area Requirement Lot Coverage 30% 69% I I I I Wrsy+'aU Area Requirement Lot Size Wiswall Area8,000.sq. 8. ' 3996 sq, ft. Requirement Lot Width Wiswall Area Requirement Permeable 25% fi0° 2.9 /o I Woodlawn . Area Re quirement Front 10' Woodlawn ' Area Requirement One Side 0 Woodlawn Area Requirement Lot Width 4' 0 go, j. ' I 1 1 ; o7/z0/ZtlG5 04:38 5185809480 CITY ENGINEER ! PAGE 14 i Resolution on Appeal j BEFOWD THE w ZONING BOARD OF APPEAL OF THE OM O.V SARATOGA SPRINGS' i IN THE MATTER OF�T'HE APPEAL of John J. & Linda'A. Zullo j from the determination of the 8 i• ; uilding Inspector l conc i I � erntn$ variance to renovate and rehabdlitat .; existing structure ii1'to -five ono - bedroom apartments on the ith 8 : . Premises No: ��yy parking s Ce8 I 136'?38-Woodlaym Avenue I ! In the City, of Saratoga Springs, New York, being I ' Section f Block Lot N 24 pt,g on the Assessment Map i - ,• I t a?. , a' of the said City. having -heretofore appealed to this Board from a determination of the Building Inspector.. aDpellant's a denying . ppI cation for permission to _,- >:xenovate into, S -one-bedroom, j . wa.th.8, perking_spapartmenhaace's I {4 the premises Nob-i$8 "•;WOod1 g ' .... Av®yue' in the City of Sarafog a SP ngs, Hein Section .....,..,,6...,,, Block N springs, g Lot No, ..•... on the i on the ground that the same violates the zoning essment Map of sold City, ' g ordinance of said Ctty in' the followln g particulars, viz: R-3 Zone (WO Family Zone) i and the appellant having at the same time applied for a variance i the Zoning Ordinance of sald.Ci as I tY amended. And due public notice havin nder in g on said appllcation to be ' g n dWy given of a hear. held on the day I c , ..XQ f and the applicant I of ............ i having , 19 �Q i g appeared by .Thomas•.No 1�, I I Att orney. ,,,,I, ! In support of said application and ...• i .............. MG -One.................•..•. appearing in oppositio .•.....•.•...•.i......... n, and, after due consideration; the- Boar . I ings of fact d having made ! i. is i the follow i Hard$hop has been =sho in', find. rehabilitation o the ; the ub7ia We3faxe''..._._ a _ existing ,stx�u' P r8 Walinot be detrim ntal to: a is ' i is 09/26/2005 04:38 5185809480 CITY ENGINEER PAGE 15 NOW, THEREFORE; BE IT RESOLVED that i r; Is hereby) authorized to John & Lin>'a Zu11o' f ' ` renovate into 5 one bedroom apartments with 8 I ppar in' 5 aces an t e pz�emies No, , 136-138 WOOdlawn Avenue in the City of Saratoga Springs, New York, being Section . !. 1 6 ,Block N , Lot 24i pt : 8 on the Assessment Map ; r of the City of Saratoga Springs, in accordance with the plans ands j mitted to and approved by the Bull neciBe'stions therefor to be sub I I. ding Inspector of the City of Saratoga'Springs, N. X„ i --- - .., "j5 rouow)ng grounds: Hards4p has been shown in that this renovation and rehabilitation o:e'the existing struoture this not be' detrimental to the public 1461tare. bated, Juyy.:1 Q ::80 ADOPTED by the following vote; AYES: NAYS: All ! j ZONIIVC :BOARD OF ApPaLs , CITY OF SARAT0aA SPRINGS, N, Y. .........., I HEREBY aertlfy the above to be a full true and correct co , ilon i the Zoning -Board of Appeals of the Clty of Saratoga Springs, on the date above )mentioned,' adopted by i memb ers of the Board being present. ;i • � , • • ,.Secretary j !� `i J. i, 09/26/2005 04:38 5185809480 CITY ENGINEER 3on0ng �3oarS Of PCs 'CITY OF SARATOGA SPRINGS ! City gill, *7a, Broadway i Saratoga springs, New York 198e6 PAGE 16 •� .,�v� • , ; x'elephout Sis-ae7�a66o Fax eta -sea s�eo IN THE MATTER OF THE APPEAL OF John Witt 53 Wiswall Lane,136 Woodlawn Avenue Saratoga Springs, New York 12866 from the deterxaination of the Building Inspector involving the premises at 53 Wiawall Lan -.36 Woodlewn Aver da the City of Saratoga S d' l� prings, New York being Section I66.44 and 165,43, Block l sad 3; Lot 47 arid 17, inside district, on the Assessment Map of said City, 1i'iili WAS, the appellant having applied for an interpretation of the Zoning Ordinanga of sa'd City, as amended, to convert the garage into two aparfinedts in the Urban Residential - 3 District and due public otice having been duly given of a hearing on said application hold on the°31st'day ofMarch 2004. aRerrdue:Conaiderahem ►t�.,.,n„s.a-__�...,._ .... _,:. ._ _. : and;: fen of fact that the interpretation of section 240-14.4(A) and 240-2.� ._ 7 _ 4(B), as raquasra3 be"denied fob the following reasons: Section 240-14,4(A) states that "Any!requeat for an area variance which shall affect a change in deuslty: Shall be Jiedq for and considered as a use vaxianee and "decided under the criteria for the sameStpta6ons uivoP a. hiag which ahalf affect a olremge'in density shall ima2ude, but not be limited to; rite followings area variance • (a) Requests for dimensional relief from requirements of total lot' size which ipould allow additional permitted units and/or'uses • " (b) Requests for relief from on -site parking • (c) Bequests for reduction in land area requirements for multi -family units i , he change in use proposed for 53 Wiswall Lane that will require an area variance due to the very limited area 1 dimensions of this lot must be considered as a use variance since a change in density from zero residential proposed two residential units will "result 3 The applicant contends that the city should not now declare the Wiswalt; Lane parcel as ills since the City has not questioned this lot previously through years of tax assessments � and vndegelopable loi use variance in 1990 involving the adI P t lot from which 53 Wiswall , Prop�Y transfers and a Zoning Lane had been divided• However, the manner in which the lot was divided m 1974 has nothing to do with the need for a two residential unit on a sub -standard Jot foraa use variance standard Section 240-2,4(E) stares that "Any 6idlding or parcel of land found at any thne to contravene,'the specific provisions of this chapter shall n deemed to be `in violation thereof, except in cases where such cbntrave$tion is justified either: by mason of conditions found to have existed prior to the effective date of this chapter. The apph'cazrt contends that since the "effective date" of Section 240 2.4 lot was established illegally in 1974, the lot existed ifr) was August: of 1990 and the Wiswali Lane &ma that violation of the revised code. prior to the effective date of the chapter and, therefore, is excepted However, this chapter did exist prior to 1974; in fact, this chapter existed as early as l%I es' ter 135-7 form that Is virtually a verbatim version of 240-2.4 The �P (E) in a Won to 240-2. �fi applicant has failed to show that the term "this chapter" 4(E) only and not meiely oto the content of "this chapter" as both 240-2.4(E) and 135-7(E), The appUcant also failed to show that the City Council intended to make invalid all previous zoning ordinances when it ratified Chapter 240 in August 1990: , The foots in this ro, aua may be brie. . without lawful salxtivisioti a va dsu atrzed follows: the subject parcel (W#l65,44-i47) Was sold in 1974 PPro remained a unapproved parcel to this da seeks an in sepatata una ved ! tetpretation from this Boatdr based upon section 240-Z.4 Y• This applicant now unapproved subdivision of the parcel does`notnow (E) of the zonmg'ordmaacq that the acknowledged to August 6, 19K the date on which' icction 240. ,4(E) a a violation of the zoning ordinance since it e6ted prior i 4(E) as enacted The applicant relies on language in section.240-2,4 ' 15}usti£ed... by r eeson of condhioas:found to have existed states there is no violation "in cases'whcle...col�utravernion to years of tax assessments and p prior to the effective date of this chapter.;. ". He also points Parcel was divided, that i , transfers, and'to a 1980 use variance involving the lot Aonr cvhleh'the subject dad, and submits that t'riany people including bankers attorneys and city official's have long treaded the parcel as separate. 05,125/2005 04:38 5185809486 CITY ENGINEER PAGE 17 TOP 2 of 2 - John Witt, 53 Wiswall Lane ' March 31, 2003 The board notes the long standing treatment of the PwOel as a separate one but cannot recogtiiie that fact as significant for this interpretation, A immieipality may maintain the t>iereof has ��� for provisions of its zoning ordinance's even though a violation years, even. decades, without any expressed objections from rnunioip I officials. Cohatan vv 56 NY 2d 861; Lake Placid Villa v Lakep placid .. St [• 46 Miso, 2d 633 ^'n 90 AD 2d 8�3; Westbury v, Samueta Turarng now to the statuto ry mterpretation, the Hoard has reviewed the 1961 zoning ordrai nce and has found the j following proviaion; B ,4RTTCLE IV =REGULATIONS 4EC71ON 135-7 E. Any budding br parcel of land found at any time'to contravene the deeeaxx d to be in yiolatiori thereof, Iexi ce�f in cases where such contraventioni rfis justrfiedoetifer j ordin nca shell bed , 1, By reason of conditions found to have existed prior to the effective daft of this ordtriance, or is 2 by the grinting of a variance by the Board of Appeals as herd waft this ordinance; provided,• }towever, that such contravention confortnsdw thf of rep the effectve date of tuquirif any, under which such variance was granted, pro en cnts, i and special The idenUoel provision appears to tiff 1965 and 1973 published copies of the ordinance, numbered as section 135-7 (on It is clear that the 1990 emeetmesrt of section 240-2.4(E) was a re enaatmerrt'of the prior statute and, in 6ct, Qontaina substantially the same text, differing only in the substitution of "chalmet" for "ordinance"'and the division of the tent into subperagiaphs. A rr elrac6ed statute has been generally held to be a continuation of the privr'one and the enaotiug legislature is presumed to, Have bow faudlier with the Prior statute. The new statute is a continitatian of the Prior vita, and not a new enactment Uniformed Pin,A n , 195 Misr, 24, affirmed 276 AD 69 8hiers_v nee mom, 52 NY 2d 463; $ y,B � 1t,tV` ' mei "I NY 524, ate v. Heath 77 Miso. 2d 215., Jt has also been held that common sense is esseadal to statutory construction, and applications that lead to absurd results must be avoided. Brooklyn Brld a Perk r• euw - ...D 130 AD 2d 27, appeal 76951 F. S 5, afimned denied 70 NY 2d 610, Peon g v, pane 69 Misch2d 75.. ~L 134 Misc, 2d —n_Mm UWiL 1 The Hoard is naked to issue an intapretetion that will, in e I i ffect, establish that in 1990 the City Council intended to give a flee pass to every use of land andioramet buildings that was commenced eont�ty to zoning prior {o August 6,1990. The Hoard is eonstrairted by fire parameters of common sense to avoid such a conclusion, The 1990 statute contains no Fgmd9, express or implied, for such a dramatic and fs,,=hingJ. resglt, Dated:.March 31, 2004 Adopted by f}te following vote: 7 Ayes (Amy Outland, Eileen Firm Christian Mathieeen, and Eric Scbieck); 0 Nays' Mom' Flavagan, Nancy Goldberg, Ronald Kin ZONING BOARD OF AFPt'AIS OFT} CITY OF SARA YORK � 4 Date I hereby certify the above to be a full, tree and corroot copy of a resolution du sd' tad by the Zoning Board of Appeals of the City of Saratoga Springs on the date above mention duly ' mentioned, seven members of the Board being present. Date Secretary i i VWzb/:dVUb 84.38 5185809480 CITY ENGINEER A 30ritIt� OaCt'S Of ? d$ dTX OF SARATOGA SPRINGS City ThIl, 474 Broadway Saratoga Springs, New York 12806 Telephone 616-597a660 Fax 639-sao-94so PAGE 18 IN THE MATTER OF THE APPEAL OF: John wits 53 Wiswall Lane, 136 Woodlawn Avenue i Saratoga Springs, New York 12866 f roui the determination of the Bull Inspector Inspector involving the premises at 53 Wiawall Lane 136 Woodlawn Avenue, in tie City of Saratoga Springs, Nr�w York being Section 166.44 and 165.43, Block i .arid 3, Lot 47 and 17, inside district, on the tlssessaient Map'oi said City. WiERW, tilt appellant having applied for an area variance and a Uie variance Wider the'Zoning Ordinance of said City, as amendai, to convert the gauge into two apartments in the Urban Reside>tral' • 3 DtslricYand dub public notice having been duly given of a hearing on said application held on the 31 st by of March 260. WHE M", Article 240 14.4A(1xH)[6] of the Zoning Ordinance States that "ally request �r an area yarjance, which "hall affect a change in the density; shall be applied for and considered as a use vatiance and deeidcd under Criteria for the same". i WEMUAS, eRer due consideration, the Board stakes the following resolution and firrdtrig of fact that the arcs and use variance to permit dimensionaj relief of this substandard lot which would allow two additional residential unites at 53 Wiswall Lane; including the following dimensional relief., WISWALL LANE BOX TO Min, front setback 2 2' (existing) Min. rear setback: Zsr Min. total side setback: 12, 9.9, �CX1Sh1l� Min, one. side setback: 9 (�siing) Max. lot. 4 , U'(existing) Min lot size: 30% 69% (62% exists) Min. mean lot width; 8,000 sq.1 3,996 sq. lt, (existing) Mini, permeable: so' 60' (existing) WO'ODLAWN AVENUE 25% 29% Min. front setback: i Min. oiie;side setback 1 I j 10' 0' (existing)41 ; Min, mans lot width: g0, ' 40' (existing) (Dimensional r elief granted shall include any leaser dimensional reliefsubmiQ between the I Wileddde4 meat t o the health, plane, on the granted and in consideration of the balance between` bi cfi 'tom the >i� ith w ty and welfair of the conunututy, be gated for the following seasons: 1 • _ The applicant has demonstrated this Property cannot yield a reasoaabie;fiaancial return as deazon� b o ant financial evidence, if used if in its pre"ent capacity because the building on thin parcel was riginally built to serve a's a garage for the residence on Woodlawn Avenue. However this acre tetmhtiited by the nub -division of the ]36 Woodlawn Avneue/53 Wiswall Lane kit in 1974and y�was a terminated by tlw 1980 use'vatiance for 136 Woodlawn Avenue. The buiidittg is no 1 Burke Funeral Home, which is situated oil an adjacent block Thus, thin nuildin$ h been owned or used as an accessory structure, which' ow has no associated serious and principle building• its value as a storage building has been in undermined a str a lack owhich for such a strucha a in the im=diate neighborhood, the creation of competing self storage shircnrres which are much more accessible for users, and the gradual reatiohanp in character of Wikwall Lane aad other "alleys" in this part of the City from atora$eJgaraec user to residential carriage house and office space use. The applicant has supplied financial data to 'support the contention that a residential conversion is only viable as a two family structure. The applicant has also asserted that the Ply had been listed for sale with the multiple listing service since May 2002 with lave interest generated. 2. The applicant has demonstrated that the alleged fMcial hardship is unique and does not apply to substantial Partions of the neighborhood or district because the property was improperly subdivided and as a result. it is a sub -standard lot which caattot be merged.with any adjacent property to form a cotiforming lot The size of the shvoture and cost of conversion require construction of a two residential unit renovation. i I ! I •i. r. .1 is i13 ! I� j 1b/08/2005 22:38 5185809480 CITY ENGINEER PAGE 01 Page 2 of 2 —John Witt, 53 Wbwall Lane March 31, 2003 37 The applicant has demonstrated that the requested use variance would not alter the essential character of the neighborhood because the property is in a zone that allows two family residential structures. Many of the i structures in this neighborhood have existed for many years on sub -standard lots. Them are a number of similar conversions from g=ga-storage to residential or office space use in the neighborhood. 'There is some neighborhood support for this conversion. In fact, use as a two -unit residential structi m will likely result in the elimination of wmtnerciat vehicle trips for loading and unloading materials for storage. Tice residential use proposed is more consistent with the character of the neighborhood. 4. The applicant has demonstrated that the alleged fmancW hardship has not been self-created because the present owner did not know that the property had been illegally sub -divided in 1974. 7be use of Wiswall Lane has cbanged over the years to a less commercial/more residential function, These changes in neighborhood character are beyond the control of the gmsent owner. The dramatic increase of competing;self_storage facilities is the Saratoga Springs area has also occurred in the recent past and is beyond the control of the present owner of 53 Wiswall Lane. 5. The following conditions (if any) must be met: • Planning Board Sub -Division Approval • Design Review Commission Architectural Review and Approval i Dated: March 31, 2004 Adopted by the following vote: 5 Ayes (Eileen Finneran, Mary Flanagan, Ronald Kim, Christian Mathiesen, and Eric Schrock); 2 Nays (Amy Durland and Nancy Goldberg) ZONING BO F APPEALS OF THE CITY OF SAR PR9A5ftW YORK t Date i Chli I hereby certify the above to be a Roll, true and comet copy of a resolution duly adopted by the Zoning Board of Appeals of the City of Saratoga Springs on the date above mentioned, seven members of the Board being present. Date Secretary General Notes 1. ALL CONSTRUCTION TO COMPLY WITH THE RESIDENTIAL CODE OF NEW YORK STATE, THE NY STATE ENERGY CONSERVATION CODE. APPLICABLE LAWS, STATUTES. AND ALL LOCAL RULES AND REGULATIONS. 2, BUILDER TO BE RESPONSIBLE TO COMPLY WITH ALL LAWS. RULES. ORDINANCES. AND ORDERS OF ANY PUBLIC AUTHORITY BEARING ON THE PERFORMANCEOFTHE WORK. 3, THE BUILDER IS SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEOUENLES, AND PROCEDURES FOR COORDINATING ALL PORTIONS OF THE WORK. 4. THE PROFESSIONAL SERVICES OF THE ENGINEER DO NOT EXTEND TO OR INCLUDE THE REVIEW OR SITE OBSERVATION OF THE CONTRACTORS WORK OR PERFORMANCE. THUS, THE ENGINEER IS NOT RESPONSIBLE AND IS TO BE HELD HARMLESS 8YALL PARTIES FROM ANY CLAIM OR SUIT WHATSOEVER INCLUDING ALL PAYMENTS OR COSTS INVOLVED ARISING FROM OR ALLEGED TO HAVE ARISEN FROM THE CONTRACTOR'S K. 5. IT IS THE BUILDERS RESPONSIBILITY TO REVIEW ALL DIMENSIONING AND DETAILING PRIOR TO CONSTRUCTION AND TO ASSESS AND VERIFY ME/SUREMENTS OF EXISTING CONDITIONS PRIOR TO CONSTRUCTION. 8. ALL PLUMBING SHALL BE INSTALLED IN ACCORDANCE WITH RESIDENTIAL CODE OF NEW YORK APPLICABLE TO PLUMBING AND THE N.Y. STATE HEALTHDEPARTMENTREOUIREMENTS. ]. ALL LIGHTING, WIRING, GROUNDING AND DEVICES SHALL BE UL RATED LISTED AND COMPLY WITH THE NEC INCLUDING GROUND FAULT PROTECTION FOR ALL BATHROOMS AND EXTERIOR OUTLETS. e. PROVIDE DIRECT OUTSIDE COMBUSTION AIR FOR FIREPNACE(S) IN ACCORDANCE WITH ME N.Y.S. ENERGY CONSERVATION CODE. PROVIDE GLASS FIREPLACE DOORS, 9. DRAWINGS NOT TO BE SCALED FROM FOP FIELD WORK PVRPOSES. 10.LL AWINDOWS INMNOED FOR EMERGENCY EGRESS SHALL HAVE A MAX. SILL HEIGHT OF -OFF FINISHED FLOOR. It. ALL HEADERS TO BE 12) ZX1 OB ON EXTERIOR WALLS AND 2X4 CRIBBED HDR.ON INTERIOR WALLS UNLESS OTHERWISE NOTED. 12.CHIMNEY TOBE24-MOVEANYSTRUCTUREWITHINAI0-0- D38'ABOVEROOFPENETRATION. 13,STAMPS: 8IM'MAX. RISE. 9' MIN. RUN, Y4'-1.1/4'NOSING, V3'MIN. BETWEEN HANDRAILS, STAIR RAILINGS TO BE W. 38' A.F.F., WMIN. VERTICAL HEADROOM AT STAIRS. PROVIDE LIGHT IN STAIRCASE. 14. ALL HEADERS IN BEARING WALLS ON OPENINGS 5U' OR GREATER SHALL BE SUPPORTED ON EACH SIDE BY A MINIMUM OF TWO (2) SNOB THE SIZE OF THE ADJACENT BEARING WALL (USE SINGLE STUDS FOR OPENINGS UNDER T-0 ) 15. PROVIDE DOUBLE FRAMING MOUND ALL OPENINGS AND DOUBLE JOISTS UNDER ALL PARALLEL PARTITIONS ABOVE WHICH EXCEED "'.It IN HEIGHT. (EXCEPTION: DO NOT USE DOUBLE JOISTS UNDER PLUMBING WALLS) 18.FIRESTOPPINGSHALLBEPROVIDEDMPERTHERESIDEMU FADEOFNEWYORKSTATE,NOMORETHANlO O.C.VERTICALLY. 17. ELECTRICAL WIRING AND EQUIPMENT DESIGNED AND INSTALLED IN CONFORMITY WITH ANSI, NATIONAL ELECTRICAL COOS, AND SHALL MEET ALL LOCAL CODES. 18. ALL GARAGE WALLS AND CEILINGS TO BE COVERED WITM 5,15' TYPE'OC GYP. BD. ON GARAGE SIDE AND IW TYPE'X' ON OPPOSITE SIDE. 29. DOORS FROM GARAGE TO LIVING AREA SHALL BE METAL INSULATED 45 MIN.'C LABEL ASSEMBLY WITH SELF CLOSURE. 20. ELECTRICAL SWITCHES MUST BE BLOCKED AWAY FROM DOOR TO ACCOMMODATE 3 - TRIM. 21. ALL BUILDING ENVELOPE ELEMENTS THAT CONTAIN MATERIALS WHICH ME WASLE OF ABSORBING OR TAKING UP AND HOLDING MOISTURE SHALL BE PROTECTED BY A VAPOR BARRIER RETARDER LOCATED ON THE WARM SIDE OFTHE INSULATION 2Z. INSULATION SHALL BE INSTALLED IN A MANNER THAT PROVIDES CONTINUITY OF INSULATION AT RATE LINES. SILL LINES, BAND JOISTS AND CORNERS. 23. ALL JOINTS AND OPENINGS IN THE BUILDING ENVELOPE SYSTEM, INCLUDING THOSE MOUND WINDOWS AND DOOR FRAMES, BETWEEN WrLLLS AND ROOF/CEILINGS, BETWEEN WALLSANI, FLOORS AND FOUNDATIONS, BETWEEN WALL PANELS, AT UTILITYSERVICE PENETRATIONS AND BETWEEN DISSIMILAR MATERIALS SHALL BE CALRKED, GASKETED, WEATHER STRIPPED, OR OTHERWISE SEALED. 24. AIR INFILTRATION BARRIERS SHALL BE INSTALLED WHETHER A VENTILATED SIDING MATERIAL IS INSTALLED OR THE SIDING TECHNIQUE NECESSITATES A LOOSE FITTING APPLICATION. 25, NO DEVICE INSTALLED IN A FIREPLACE THAT USES A GASEOUS FUEL FOR ITS OPERATION SHALL BE EQUIPPED WITH A CONTINUOUSLY OPERATED STANDING PILOT LIGHT. M. BUILDING TO BE CONSTRUCTED AND INSULATED IN COMPIMNCE WITH THE NY STATE ENERGY CODE, 'U','R' AND INFILTRATION VALUES FOR ALL DOpRSAND WINDOWS. Z]. ALL FRAMING LUMBER TO SE NORTHERN SPF e20F BERER (FW815PSR -DIM SIGNS SHOWN ARE TO FACE OF STRUCTURAL MEMBER UNLESS OTHERWISE NOTED. 29. SMOKE DETECTORS ME TO BE INSTALLED WITHIN EACH SLEEPING SPACE, OUTSIDE EACH SLEEPINGAREA MD AT EACH FLOOR. ALLSMOKE DETECTORSTOBEINTERCONNECTED MDHAVEABATTERYSACKUP. 3e ATLEAST ONE CARBON MONOXIDE SHALL BE INSTALLED IN THE IMMEDIATE VICINITY OF SEDROOM(5) ON THE LOWEST BOOR LEVEL OF THE DWELLING UNIT CONTAINING BEDROOMS). 31. CARBON MONOXIDE ALARMS SHALL RE LISTED AND LABELED AS COMPLYING WITH UL 20N-2002 (SINGLE AND MULTIPLE STATION CARBON MONOXIDE ALARMS, SECOND EDITION, OCTOBER 2B, 1BB6 - WITH REVISIONS THROUGH AND INCLUDING JUNE 28. 2002. PUBLISHED BY UNDERWRITERS LABORATORIES. INC.) AND SMALL BE HARDWIRED AND PERMANENT AND EQUIPPED WIM A BATTERY BACKUP. 32. SUBMIT SHOP DRAWINGS OF ALL ENGINEERED FLOORRZOOF SYSTEMS TO ENGINEER PRIOR TO FABRICATION, Foundation Notes 1. DIMENSIONS SHOWN ME TO FACE OF CONCRETE WALL. 2. DESIGN AND LAYOUT OF SITE AND FOUNDATION DRAINAGE IS BY OTHERS. 3. FOUNDATION WATERPROOFING SYSTEM DESIGN AND SPECIFICATION IS BY OTHERS. 4, FOUNDATION LAYOUT TO BE VERIFIED BY LICENSED PROFESSIONAL LAND SURVEYOR 5. FOOTING, PIERS AND WALLS TO BE 30W P$(@ 20 DAYS, NO MORE THAN 0.T5%CALCnUM CHLORIDE WITH 5%TO ]%AIR ENTRAINED. 6. WALL&FOORNGSIPIERalEVELING BEDS CAST DIRECTLY UPON BEDROCK SHALL HAVE 5dX18' DOWELS NV EMSEMMENT) @ 48' OC AND WITHIN 24' OF EACH CORNER IF A LEVELING BED IS USED IT SHALL HAVE NO VERTICAL DIMENSION OF LESS THAN 8'AND HAVE A MINIMUM OF (2), M BARS CAST IN PLACE. ]. ALL INTERIOR CONCRETE SLABS ON GRADE TO BE A MIN. OF4' THICK, 2,500 PSI MIX PLACEMENT, EXPANSION, CONTROL AND ISOLATION JOINTS PERAOI. MANUAL OF PRACTICE LATE TEDITI N T S EDITION, NOTE E3MOVE ANDCOORDINATE VAPOR BARRIER MATERIAL SELECTION AND INSTALLATIONAS REQUIRED. GARAGE, PORCH, CARPORT, AND EXTERIOR SLAMS AND STEPS TO BE A MIN. Of 4' THX.K, 3,-1 PSI MIX WITH 5%TO>%AIR ENTPNNED. W1A%8 W W.W.M. RECOMMENDEDFORALLSNAGSOAST E GRADE IMIN.I. B. WHERE US AND STEPPED STEP FOOTINGS T MORE THAN 1 VERTICAL TO NORUOMAL. LIFT NOT TO EXCEED 42'. REINFORCEMENT TO BE CONTINUOUSANDSTEPPEDFOOTINGS E BE FCASTMONOLITHICALLY. 11, PROVIDE N AS BARS (MIND EACH SIDE OFANY OPENING IN WALL tY DR GREATER UNLESS OTHERWISE NOTE.), 11. ALL MASONRY WAILS TO HAVE MEp.+M. W.W.T. REINFORCEMENT E0. COURSE. LAPSPLICE JOINT 1Y (MIN.)ANO USE PREFABRICATED CORNERS AND TEES. 13. ALL CORES OF ALL CMU WALLS TO'. GROUTED IN ACCORD. W/ OF CM EK ALLOW FTING FOR CONCRETE MASONRY WALLS.' 14.MAXIMUMGROUTLIFTSHALLBE42'.HOLDGROUTNFROMTOPOFCMUT RC FOR INTERLOCKWITHNEAR LIFT, 14.FLLALLCOLUMNS,BEAMO, ANDPOCKETSNEATW/NONSHRINKGROtTSA F COLUMNI BEAM HAS HAD FWAI SEE. 15. ALL OPENINGS NOT BROWN OR SCHEDULED SHALL HAVE STEEL LINTELS AS FOLLOWS: 624• (11 LdX4X1/4' 60' AND UP NOT PERMITTED ALL LL IFOC) SHALL NAVE MIN. O BEARING NOF OT DISRUPT SIDE. SEE CE ENT. ABOVE. IW ALL FOOTING PENETRATIONS SHALL NOT DISRUPT REINFORCEMENT, HAVE A MINIMUM OF 6' CONC. COVERAND (3) e5 BARS ABOVE THAT EMEND 18' B E Y ONDS SHOWN ION ME C All ITEMS SHOWN ARE ttPICALAND RECOMMENDED MINIMUMS. ONSRE UPSILNO OF REINFORCEMENT IS PERMITTED UNDER THE FOLLOWING CONDITIONS REINFORCEMENT SHALLNOT OOECREASEO INSITE 00.LAP. NOBARSSHALLBE ALLLNO MORECREA TIED MORE BM FREQUENCY SMALL NOT BE DECREASED MORE THAN 30%. 10. SPLICES IN REINFORCEMENT BARS NOT SHOWN SHALL HAVE A MINIMUM WP OF 308M DLUIETERS AND BE TIED NEAT W/TIE WIRE ®tY OC. Structural Steel Notes LI ALL STRUCTUR4. STEEL SHALL COMPLY WITH REQUIREMENTS OF THE FCL.CW NG: A) AMERICAN INSTITUTE OF STEEL CONSTRUCTION (AISC) A. MANUAL OF STEEL CONSTRU-N! B.MMUALOFSTEELCONSTRUCTONVOLII'CONNECTIONS' C. ALLOWABLE STRESS DESIGN OF SIMPLE SHEAR CONNECTIONS B.I AMERICAN WELDING SOCIETY (AWS) A AWS D1.I'STRUCTURAL WELDING CODESTEEI' 2.)FINALCONNECTION DESIGN BYFASRICATOR. PROVIDECONNECTIONSCMA OFBEARINGONE-HALFTHEALLOWABNEUNIFORMLOADSON BEAMS AS PUBLISHED W THE AISC MANUAL FOR ME CORRESPONDING STEEL SECTION, 3.) ALL STEEL MATERALS SHALL SE NEW AND COMPLY WITH THE FOLLOW WG: A)ALL HOLLOW STRUCTURAL SECTIONS RS OR HSS) TO 9E ASTM ASOD GRADE 8 OR C 2) ALL STEEL, PLATES, ANGLES, AND SHAPES TO BE ASTM ASS C), STEEL PIPE TO BE ASTM ASOI OR A53. TYPE E OR S. GARDE B DJ HIGH STRENGTH BOLTS TO SE ASTM A3250R MBO TYPE el, PVUN E.) THREADED ROD TO BE ASTM A36 F.) ELECTRODES TO SE E]081.AW. AWS GJ .) GROUTTO BE CORP.OF ENGINEERS CRDC621 OE HPRUNER- USE PRIMER COMPATIBLE WITH FINISH PAINT, IF ANY 1.) EXPANSION ANCHGRS - KWIK-BOLT II BY HILT OE J.) SLEEVEANCHORS: BY HILTIOIE IL) CHEMICAL ADHESIVE MCHORS-HY-150 SYSTEM BY HKTI C/E L,) MASONRY ANCHORS -PROVIDE WELD ON MASONRY ANCHORS FOR ATTACHMENT OF STEEL FOR EACH TYPE OF MASONRY SPECIRED. ANCHORS M 8E HECKMAN CiE 8 FURNISHED LOOSE FOR FIELD ATTACHMENT BY OTHERS.COORDINATE SPECIFIC REQUIREMENTS WITH CONTRACTOR. M.) GALVANIZED STEEL DECK-ASTM A853 WITH G60 COATING, COMPOSITE TYPE, 1-1/Y DEEP,18 GA WITH 18 GA ACCESSORIES, AS MANUFACTURED BY U.B. BECK OE. 4.) STRUCTURAL STEEL SHALL BE SET ACCURATELY TO ME LINES AND ELEVATIONS INDICATED AND IN COMPLIANCE WITH THE FOLLOWING: A) ADJUSTED AND ALIGNED WITHIN AISC TOLERANCE ICODE OF STANDARD PRACTICE) OR WITHIN 11', WHICHEVER IS LESS B.) CLEAR CONTACT SURFACES C.) PROVIDE A SNUG TIGHT CONDITION ATALL BOLTED CONNECTIONS AS OEFINED IN AISC 5.) PROVIDE SHOP DRAWING SUBMITTALS FOR GENERAL CONSIDERATION AND PROJECT COORDINATNN, REVIEW OFTHESE DOCUMENTS WILL NOT REMOVE THE CONTRACTORS RESPONSIBILITY TO COMPLY WITH THE REOUIREMENTS FOR MATEFU - FABRICATION, ERECTION. AND COORDINATION OF THECONTRACT. 6)ALLCONC.CASTUPQISTEELDECKTOBE3500PSI®28DAYS. REINFORCE SLAGS W/(1)a4 BAR@ 1Z'O.C.EACH WAY. TIEBARSNEATO3 O.C. MAIL WI oA UIED THE WIRES. UNAUM..ZEO ALTERATION OR THPLAM IS Abbreviations vo_IIOON'OFF SE ON THE N.Y S. EDUCATION LAW Design Loads Legenb Drawing Index Load Live Dead Total Unit Source L �e i.D. bsiae owrctcr (wm.) Assumed mbmrele capatlry 2000 PSF AaDYE C - Cover Sheet ® Canbdiro INiULIInubbon t - Floor Plans a 0n0efaRwro BackNl 130 PCP ----------- 2 - Exterior Elevations (E) Eais9rg J jAN Ja im L. LAvel 40 5v 90 PSF TABLE R301A 9EYOM 3 - Details AM S. AmusBW � Jonl A.B, Area Oran ADJ. MblsuMe K KIT. Kiltl,an Cm.ete 0 ka 4a 5D 9a PSF TABLE R-A _ DENTFA AGGR. ABpeM Waal Dade as 10 50 PSF TABLE R3 ,I AL. N- MP. Appro4lmale ARCH. N4NIacNm L IARt. Lamirete LAV. Lavatory EAhdw Bakvnies BD I 70 PSF TABLE SNI I.4 `/ DFTM TAO ASP. Asliesba ASPH. Asphalt LT( Locker LT LWM Fbars 40 10 50 PGF TABLE R-4 a M Ceistgs 10 10 PSF TABLE IIIA03 a[ctpN rAo BD. Boartl BITUM. IIIMECHMMM�anlavw BLDG. Rubbing MAX. Maairwm net BLK. MET.mB. rre Repl(arow)' 05 10 BS PSF FIGURE RJO1.2s) . n9 am. Bbcw BM. Beam MET. ar HER, Mehl E71_ Mmwf. Wab 9p MPH TABLE P3012(1) 18 ppnpntq BOT B..P VH.MFR MIN Mn,gT MIN. Minimum '=GmmE snow bad. rw slope mdumbn AX[ wALL DLTAaiAo B.P. Beam Po }el MISC. Miacelw- C M.O. Mesonry Opening o.w vnTw +- CAB. Cabh. C.B. G4-h 0aain CENT. Lemont MTD. Mounted MUL MuAbn CER. -1 C.I. Cam Iron N N NadH 01 vawOvw TAO C.G. Lamar Gu.tl C.J. CmVdJ m NLC. Nat In Cmbxt NL.B. _ B. Namlmdbearinp CLG. CeIP; NO..B Numb. oGi DOORi G CLKG. Cahbg CLG. Cbset NON. NPmhm NTS. Nat TOSr t, C R. Cb. 1 --as. C.O. Cased Openlrg COL. Column O .1. Overall 4 �.y►Y anwav ELcvAnoNTAo 'aj� conc. Cmlaele CONN. Cmnatan CBS. _a O.C..00 On Cent. 3 ERENCE VRAwINv COAST. WnsWMian CUNT. Continuous GO. OVHbe 04meter (Dim.i OFF, Omwe CORK. Camkbr OPNG. Opening CTSK Counlerwnk OF, ow- BD swxE ceTEcrOR LNTR Cwni. CTR. Cenkr P PRCST. P-A ® fiSe0N Md40u�0ETEtTOR O DBL Do, P. Pbte PLANT. PMa.a lamirete '+F.DEIDepanmml D.F. DMkhg Fountah PtmAS, .,PL PLY. PMvood PR. ® ESNAusi FAn BET. DeW D. Dwmekr PR. Par PA, PT.Pdnl ® FXHWSTiw wtm uOHi DIM, D'enension DI$P. MI.— P.T.T .D. Pap. Towel Dispenser PTA. P...DN. Dawn DR. DD openhg D drawings DR. Goo DOUR Drawer 0.1. Oua yTe plans anb D.s Downspout D.S.P. OrySterbgpe R RR,Mpis., .I�� for U]D DWG Drawvg FUD. R 1 RD. RmlOrain E REF. Rmerenm •�r/�, f E. Eem EA EeM p1- .lo'n1 REFIT. RelI- RGTR pe _ RED. wiswall Af q (/�� Carriage House Renovation EL. E ELEC. Et.L1rAl R ved RED. rat RM. Res6ianl eJ ELEV. Evata ENTER. Etglgenry RM. Room R.O. RR Openag ENCL. E,Kbsure -D. Redwood E.P. Elecirkal Parol R.W.L. Ran Waterleatler O. E E SIw OPT. EOuipnient E.w.C. Elecuk Web. 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Haul W.C. Weber Cbmi YID. W WAO WBgN t WP. Waterproof WSCT. Wainxol WT. WekJM1I Called NORTH ONLY COPIES FROM THE ORIGINAL 6MARKED WITH THE ENGINEER'S ORIGINAL GREEN SEAL SHALLBE CONSIOERE TO BE VPLID COPIES Drawing Number C OF: DATE:02207/2005 s— DOOR SCHEDULE NmrNr'. Dm Sre"rw Tn* rI Rrtnp J Depri',.NLNrr Y. iN Rrrcir Hrrar HN(.M'Hpl: m ¢fe¢rtm Corn :xarc xa wnr 1v11rx pY¢n0"Ca r: fa �ertNMafrn IXL1[N "xIXf rr.r� �,�xa,rn N ;.PK xr r, am «rte' �T'er�u tec q,rY i ,rnnRNrr:xom>I.rc 1 xor nTx r — _ — p r m+ tNw .curt iaoat-miea r _RNxcNI Y I A fmrt =,r6 � iN_Vx OOaf -w0ii Ne... Nr_ tanrv.P'arwvi M .1r1Y.:hpNNO'6N_,M� t IwNRax� xar nr �rY.rY CMn. fN 'Mx[ Ma >au ♦Nr ITIY.Y prxm¢yir ' .I.WA rr 1 LIGHT AND VENT SCHEDULE Roan NNro Room Ama(ep 0.) I ReQVmN wWm (n f) AtLYNelurY yy¢(rp tj 1pww V>nI W. gllttuBl Vs Iw R) Fw-ana(W n) N/Mr0_W - >ab im not .. trY uxtrre frCO - m -- f1C - to FIRST FLOOR PLAN rfNLtu•-1'Y WINDOW SCHEDULE Tp NOCM UnC. 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