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HomeMy WebLinkAbout20230087 85 Nelson Use Variance Supplemental Info 2CARUSONE & CARUSONE Attorneys at Law 491 Broadway — P.O. Box 478 Saratoga Springs, New York 12866 Tel. (518) 584-3240 Fax (518) 584-7451 jcarusone as carusonelaw.com June 30, 2023 Via Email Ms. Aneisha Samuels 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 Board of Appeals: Since all of the evidence in this matter has already been presented, the purpose of this letter is to provide the Board, in summary form, the applicant's argument with respect to the four elements necessary to obtain a use variance. The "reasonable financial return" element is divided into several parts. I have attached a listing for the subject property in 2010 which refers to the property as single family with an in-law carriage house. Also attached is a portion of the brochure associated with said listing. The first page is the exterior of the building which is identical to the it looks now. The next four pages show rooms from the front unit and the last two pages shows rooms from the rear two bedroom apartment. Finally, the applicant asks that the Board grant the same consideration as it did to Rosemarie Guanill at 144 West Circular Street and that the Board recognizes that the granting of the relief would permit the subject premises to be used in precisely the same way as the adjoining premises at 83 Nelson Avenue. Resp tfully y rs, Jo Caru n Jr. JCC/jlk cc: Ted Waite via email only APPLICANT CANNOT REALIZE A REASONABLE FINANCIAL RETURN Purchase Price: $801,500.00 New Roof: 27,000.00 Interior Repairs and Painting: 15,000.00 Upgrade of appliances: 10,000.00 Cost to convert to single-family residence: 455,000.00 (Bonacio estimate) TOTAL: $1,308,500.00 LESS (market value as single-family)-1,118,975.00 (William Moore estimate) TOTAL: ($189,525.00) 2. Cash Flow --- Analysis without income from rear unit of $42,191 (See attached) Other permitted uses a. Private school b. Religious institutions c. Senior housing d. Senior assisted care facility The above require a special use permit and site plan approval and would also require approval in addition to approval from relevant state agencies. The subject property is clearly not suitable for said uses. e. Neighborhood bed and breakfast f. Neighborhood rooming house Bed and breakfast and rooming houses would also require site plan approval and a special use permit. Neither of these uses could be effectively implemented without converting the structure to a single-family residence because the only connection between the front and the rear unit is a garage. 4. Appreciation — A part of the analysis of a reasonable financial return must include appreciation. In the ten years that have lapsed since Mr. Waite purchased the premises real estate values in the City of Saratoga Springs have more than doubled. The recent sale of the premises at 83 Nelson Avenue is the best indication that the subject premises are worth at least 1.5 million dollars as a two family residence. If the application is denied, Mr. Waite's options are to either to spend the money to convert the premises to a single family residence which, as previously indicated, would result in a significant loss or to try to sell the premises as is which would also result in a loss. The futility of listing the property for sale as a single family residence is cogently explained in Thomas Roohan's letter which we previously submitted. Further, such listing is not a requirement for proof of financial hardship. A further analysis, using an assumed present-day value of $1,500,000 and further assuming that only the front portion of the house is used shows the following loss: $1,500,000 (Assumed Value) — 657,300 (2100 square feet x $313.00 per Bill Moore) $842,700.00 Loss 5. Personal Financial Hardship — As previously stated at a number of previous meetings Mr. Waite used a portion of his retirement assets to make the necessary downpayment for the purchase of the subject premises as well as for the premises which adjoin on the North. Mr. Waite has no employment and he relies in large part on the income he is able to generate from the two properties. The denial of a variance would result in a loss of income to Mr. Waite. CASH FLOW ---- ANNUAL (MONTHLY)-----2022 INCOME (RENT) EXPENSES LOSS NOTE: RENTAL UNIT IN BACK MAKES IT WORK YEARLY MONTHLY $42,252.00 $3,521.00 5 BR ONLY - TOTAL INCOME (NOTE: TRACK SEASON ONLY AS I LIVE HERE $45,384.00 $3,782.00 MORTGAGE $11,988.00 $999.00 TAXES $2,364.00 $197.00 INSURANCE $59,736.00 $4,978.00 TOTAL HOUSING PAYMENT $5,340.00 $445.00 NATL. GRID $696.00 $58.00 WATER/SEWER $3,684.00 $307.00 SPECTRUM $300.00 $25.00 GARBAGE $10,020.00 $835.00 TOTAL UTILITIES $1,800.00 $150.00 ROOF LOAN $1,536.00 $128 FURNACE LOAN $9,996.00 $833.00 CREDIT CARDS (VARIOUS REPAIRS/APPLICANCES) $13,332.00 $1,111.00 TOTAL OTHER LOANS/CREDIT CARDS $83,088.00 $6,924.00 TOTAL EXPENSES ($40,836.00) ($3,403.00) THE HARDSHIP IS UNIQUE TO THIS PROPERTY AND DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE NEIGHBORHOOD For the purpose of uniqueness, the "neighborhood" is the West side of Nelson Avenue between Wright Street and Crescent Street. The applicant knows of no other property which was a three- family residence in 2013, the year of the purchase, which contained three distinct units with three air conditioning units, three electric meters and three furnaces. Additionally, the applicant knows of no other property that was shown on the assessment roll as a three-family unit in this single-family zone. CHARACTER OF THE NEIGHBORHOOD The granting of the variance will not alter the essential character of the neighborhood for two principal reasons: The applicant's premises was used as a three-family residence for almost twenty (20) years. The granting of the variance changes nothing with respect to the neighborhood other than to make it a two-family rather than a three-family. 2. The neighborhood can hardly be characterized as a pristine single-family neighborhood. It lies across the street from one of the busiest racetracks in the country and the block in which it is located has a mix of single-family with commercial parking and carriage houses. The third building to the south of the applicant's property, the Race View, has been a large rooming house since prior to the enactment of the modem zoning ordinance. THE HARDSHIP WAS NOT SELF-CREATED The applicant purchased the premises in the good faith belief that he was buying an investment property consisting of three dwelling units. All documents which he looked at showed it as a three-family, i.e., the assessment rolls and other available information from the internet. The applicant has paid taxes on the property as a three-family residence since its purchase. The sale of the premises to the applicant was private and not through a realtor. Both the seller and the applicant had attorneys (the resolution denying the application for use as a three family incorrectly stated that the applicant did not use a real estate attorney) and the bank which provided the mortgage funding for the purchase qualified the loan as an income producing residence. At the time of the closing the rear unit was occupied by Navy personnel. IF -Single Facrij #Agent Repoli MILS It 201019177 Original Price $859,000 O Q © AQ 0 0 Status Expired Sdtl Price List Price $859,000 Price/SQFT $24D28 Taram hags (Tax) Saratoga Springs Town(Mail) Saratoga Springs rty Saratoga le/SuNflivision Saratoga Flat Track Area Saratoga Springs City(311) 411500179.21-2-19 Branded Virtual Tour Schl Dist Saratoga Springs No YrBIt 1890 TO Rooms (No 18 Ttl Fin SQFT Acres 0.350 HOA Fee NC No Baths) Abv SOFT 3575 Eatl Lot Size 333.5 Depth HOA Freq Model Total Beds 6 AGSF Source PI RosdFrnt Dead Rest Master Sim Full T8 Baths 6.1 Biw SOFT Survey No Asia Mort Family Ran No Garage Spaces 3 Fuel Coat Tax ID Sec 179.21 Am Rate Hndc Acc No #Off St 6 Tax ID Bilk 2 Asm Bal Zoning Ttl Fireplaces 2 Tax IO Lot 19 Room Typo Level Sin LaVY) Room Type Level Size(LXW) Room Type Level Siae(Lx147 Room Type Leval Siza(LxW) STYLE I Family, IM.aw DINING ROOM TYPE Formal Dining Room COOLING TYPE Central Air ROOF Asphalt Shingle LAUNDRY Ist Floor HEAT SYSTEM Hat Air ATTIC Walk -Up MASTER BEDROOM First Floor, Second Floor HEAT FUEL Natural Gas BASEMENT Full SEWER Public EXTERIOR Clapboard, Vmyl WATER Public GARAGE DESCRIPTION Attached AMENITIES Ceramic Tie, French Door INTERIOR FEATURES Cable Haok-Up, Humidifier, Paddle Fan, High Spew APPLIANCES Range w/Oven,Refrigerator, Dishwasher, Microwave, Washer& Internet Acc Dryer EXTERIOR FEATURES Deck, Lighting. Pomh/Screened, Porch LOT DESCRIPTION Level, View, Landscaped. Other -See Remarks, Cleared &at to Agent Remarks Unique Single Family with In -Law Carriage House attached) 4 BR/ 3 BATH in the main house. Attached 3 car garefle with approx 600 sq. ft wished bonus space overhead, and attached onso fit carriage house for in-law quarters with 2 BRI 25 baths. Here is some fantastic space, great light, and use your igination as to how to best utilize this 3575 sq. 8. home. Proven track rental and Income potential. Lot depth runs 33T -terrific income off of parking ears/ track season) Nic Remarks Unique Single Family with In -Law Carriage House attachadl 4 BRI 3 BATH In the main house. Attached 3 car garage with approx 600 sq. ft unfinished 1us space overhead, and attached retro fit carriage house for in-law quarters with 2 BR/ 2.5 baths. Here is some fantastic space, great light, and use your imagination to how to best utilize this 3575 sq. ft. home. Proven tack rental and income potential. Lot depth runs 33T -too fx: income off of perking cars during track asasonl Exp Little Trz212010 Seller ConMbution BkrAg 2.5 Sch Taxes $5,577 E FIPS 36091 Assoc Doc 1 Contract Data Ls Opt Dt SubAg 0 VIg Taxes $2,397 E Swis Code 411600 Possession At Closing Closing Date Option Per SplCom Total Tax $9,170 E IDX Intl Y Depository Trustco Off Madre) Date 7/23/2010 Opt Price SPIC.ni Spa Assess Internet A How Sold CONDITION Excellent Shaving Insinuations: Key, Lockbox, Prior Day Notice How Said: Special Mkt Card! No Special Conditions Members Call Concessions Amount: To Show: Showingtime Concession Comments: 800-746-9464 LO: Howard Hanna - Office: 518584.0743 1067L SO: LA: Lisa M Licata- CaIL SIM06-3996 7432 SA: Iticata06@gmag.com SA2'. LAZ: ST. LT. Agent His Count 37 Client Hit Count B The information in this listing was gm any a from third party sources warranties awa ti the seller and public records. MLS#20t019177 GMLS and its subscribers disclaim C 2021 adrepresentationsMulntatlonsng Service, sas to the accuracy of this 1W191202108d5AM Information. ®2021 Global Multiple Listing Service, Inc. t II 0 _r A ILI • M -T: CARRIAGE HOUSE: 19' x 40, GAS FIREPLACE SCREEN PORCH WITH YIOHAGANY DECKING 2 BEDROOM / 2.5 BATHS 1/2 BATH WITH WASH / DRYER HARDWOOD FLOORS THROUGHOUT UPPER AND LOWER REAR DECKS OVERLOOKING BACK YARD l.. i BOTH BEDROOMS UPPER FLOOR HAVE DECKS FULL BASEMENTi}rz,;; 100 AMP SUBPANEL GAS FHA / CA DOUBLE CROWN MOLDINGS\ 11`, CEILING FANS *'•,,;_-'^..�_. \t' ■, I • LAUNDRY ON FIRST FLOOR • GA.S FP DOUBLE .SIDED BETWEEN LR/ DR-- OFFICE • ALL THER:NOPANE WINDOWS • GARAGE 3 CAR/ APPROX 600' UNFINISHED BONUS .SPACE • HARDWOOD FLOORS THROUGH OUT/ UPSTAIRS— 2 BEDROOMS HAVE CARPET • 200 AMP SERVICE ENTRANCE • COMPLETE RENOVATION IL • 4 BDRM • 3 FULL BATHS. • GA5 FHA/ CA • LARGE KITCHEN WITH BREAKFAST NOOK/ EATING AREA l • ENTRY WITH STAIRWELL TO UPSTAIRS • FULL BASEMENT • DINING AREA/ OFFICE WITH ' FULL BATH I Owl / BIKE MM r jT0 P #-41 l �' ,�X•+f ' (.::� •ems r 11w • LAUNDRY ON FIRST FLOOR • GAS FP DOUBLE .SIDED BETWEEN LR/ DR-- OFFICE • ALL THERNIOPANE WINDOWS • GARAGE 3 CAR/ APPROX 600' UNFINISHED BONUS .SPACE • HARDWOOD FLOORS THROUGH OUT/ UPSTAIRS- 2 BEDROOMS HAVE CARPET • 200 AMP SERVICE ENTRANCE • COMPLETE RENOVATION �' • 4 BDRM . • 3 FULL BATHS. • GAs FHA/ CA • LARGE KITCHEN WITH BREAKFAST NOOK/ EATING AREA • ENTRY WITH .STAIRWELL TO UPSTAIRS • FULL BASEMENT • DINING .AREA/ OFFICE WITH FULL BATH 1 �• 0 II F" I �� I1 ATTACHED YOU'LL FINIS A 3-CAR GARAGE THAT HOLDS AN ADDITIONAL 600 .SQ FT OF UNFINISHED BONUS SPACE OVERHEAD, AND A RETROFIT CARRIAGE HOUSE USED FOR IN-LAW OR GUEST QUARTERS WHICH OFFERS AN ADDITIONAL 2 BEDROOMS AND 2.5 BATHS. ALL THIS SITUATED ON A LOT THAT RIMS 333' DEEP WHICH MAKES FOR GREAT OPPORTUNITY! CALL FOR A PRIVATE TOUR. • Iq- wrote J .�wvocn `�� ...:•.+it': -Amin- � lr11 rrll//�ail�� FEATURING 4 BEDROOMS, 3 BATHS AND COMMON AREAS LOADED WITH CHARMING DETAIL. i -� AN r 4b 4w a � - Ilk AiP THIS INCREDIBLY UNIQUE SINGLE FAMILY HOME OFFERS 3575 SQUARE FEET OF FULLY RENOVATED AND BEAUTIFULLY LIT OPEN SPACE ,7 I I f