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Home My WebLink About20230683 26 Joseph St. Patio & Pergola Area Variance ApplicationChristian Drumm 75 Willett St Albany, NY 12210 518-505-1097 tchristiandrumm@hotmail.com Ross Kenyon, P.E. 43 Doten Ave Saratoga Springs, 12866 203-770-3674 ross.kenyon@gmail.com X X 165.82-1-7226 Joseph Street February 16, 2022 UR-2 UR-2Single family residential X Applicant requests an area variance to permit the construction of a patio in the rear of the property along with a pergola. A corner of the proposed patio would encroach upon the required setback (22ft proposed vs 25ft allowed) as would a corner of the pergola column (24.8ft proposed vs 25ft allowed) X X X UDO 3.3.A.1 (Table 3-A) Minimum rear setback (for patio) Minimum rear setback (for pergola structure) 25ft 25ft 21.75ft * 24.58ft * •A zoning-compliant detached structure was considered to replace the pergola as an entertaining space, however a drainage easement at the rear of the property precluded such an option. •The patio and pergola could have been made into an irregular shape that conformed to the angle of the rear property line. However, no pergola manufacturer was willing to provide a unit with such a design. •A smaller patio was considered but it did not meet the owner’s requirement that the space should comfortably accommodate both a dining and grilling area. •No adjoining property was available for purchase. •The patio and pergola proposed in this application will not be visible from the front of the property and thus will have no impact on the character of the neighborhood as viewed from the public way. •The layout of the design relative to the lot boundary is such that relief is only needed for one corner of the patio and pergola. The nonconformity is not visible at all from the public way and would be nearly imperceptible to an observer from an adjacent property. * Note: The attached drawings show nominal dimensions with a bilateral tolerance. The requested relief represents the minimum expected value. •The numerical amount of relief request is itself small (12% decrease in setback for the patio and 1% decrease in setback for the pergola) and is of negligible impact to the surrounding properties. The amount of relief is even less substantial when the layout is considered in that only a small corner area of the patio and pergola require relief. In fact, the average setback of the rear patio along its entire width is 25.0ft and the average setback of the pergola is 27.4ft (relative to the district requirement of 25ft). •Physical effects: The size and location of the pergola relative to that of the house will not create a substantial addition to the shadow profile. The patio will be constructed from stone materials and the pergola will be constructed from aluminum. Both materials are noncombustible and have a high resistance to deterioration. •Environmental effects: The proposed design will not impact the storm drainage or runoff from the property. As per the site layout, a substantial fraction of the lot will consist of permeable surfaces (impervious surfaces in the proposed design comprise 48% of the lot area vs the district limit of 70%). No material changes have been requested to the previously approved grading plan for the site. This lot is in an area of sandy soil and there is also a catch basin tied to a storm water drainage system present at the southeastern corner of the lot. •The requested relief does stem primarily from the requirements of the owner for the size and configuration of an outdoor living space. However, there are several mitigating factors to consider: –The angle of the rear lot line combined with the customary, square-cornered construction designs has introduced additional challenges. As described above, the amount of relief requested is only to such an extent that the average setback distance across the width of both the pergola and patio would meet the requirements. –The presence of the drainage easement across the rear of the yard prohibits other zoning-compliant alternatives (such as detached structures) which would have had greater impact on the surrounding properties. –The recently introduced UDO increased the rear setback requirement for patios (from 10ft to 25ft in this instance). While we fully acknowledge that this application has benefited from the UDO’s consolidation of primary lot coverage to 40% (total primary coverage is now 33% with the proposed pergola), it remains that this and any neighboring properties would have been permitted to construct a patio with the proposed configuration as recently as July of 2022. Furthermore, we have been informed by the building department that there is an amendment to the UDO under consideration that proposes to reduce rear patio setback from 25ft to 10ft. X X X X X 26 Joseph Street area variance 26 Joseph Street, Saratoga Springs NY Applicant requests an area variance to permit the construction of a patio in the rear of the property along with a pergola. A corner of the proposed patio would encroach upon the required setback (22ft proposed vs 25ft allowed) as would a corner of the pergola column (24.8ft proposed vs 25ft allowed) Ross Kenyon, P.E. 43 Doten Ave Saratoga Springs NY 12866 203-770-3674 ross.kenyon@gmail.com X X 0.18 0.02 0.18 X X X X X X X X X X X X X X X X X X X X X X X X Ross Kenyon, P.E.7 AUG 2023 165.82-1-72 DRUMM 165.82-1-73 RIBONS 165.82-1-74 KROUNER165.81-1-21.2 GORDON 165.81-1-21.1 JEFFREY LEVY 165.81-1-18 CHARLES FOX 165.82-1-71.1 STEVENS 165.82-1-70.1 SHARIF 165.82-1-84 BEAL 165.82-1-67 WOYTOWICH 165.82-1-66 FREY 165.82-1-65 BREMER100' - 0"SUBJECT PROPERTY SUBJECT PROPERTY Scale (on 11x17) Project number Date Drawn by Checked by THESE PLANS MUST BEAR THE SIGNATURE AND SEAL OF ROSS H. KENYON, P.E. TO BE USED FOR CONSTRUCTION Copyright by Earth Source Design, LLC. The plans herein are instruments of service for the construction of one building only and are not to be copied in any form whatsoever without express written consent. As indicated V-0 Cover Sheet 26 Joseph (L24) 7AUG2023 RHK AK 1" 100'-0"1Neighboring Properties 1/16" 1'-0"2 Neighborhood Aerial View 1" 20'-0"3 Area Map DRUMM RESIDENCE VARIANCE APPLICATION 26 JOSEPH ST SAN SAN SAN SANSANSAN GAS GAS GASGAS E E E E EWWWW W WW SINGLE FAMILY RESIDENCE 26 JOSEPH ST. PAVED DRIVEWAY, UNDER CONSTRUCTION EGRESS WINDOW WITH MASONRY SURROUND (UNDER CONSTRUCTION) AC CONDENSOR TAX MAP PARCEL NO. 165.82-1-72 AREA 7538.6 SQ. FT. 134' - 1 29/32" 117' - 1 9/16"60' - 0"JOSEPH ST.CONCRETE WALKCURBCURBWSO UTIL LP STORM WATER CATCH BASIN10' - 8"11' - 0"11' - 0" FRONT PATIO, UNDER CONSTRUCTION PLANTER BOX, UNDER CONSTRUCTION STONE WALK, UNDER CONSTRUCTION REAR PATIO (UNDER CONSTRUCTION) PLANTER BOX (UNDER CONSTRUCTION) 26' - 6" 34' - 10" Scale (on 11x17) Project number Date Drawn by Checked by THESE PLANS MUST BEAR THE SIGNATURE AND SEAL OF ROSS H. KENYON, P.E. TO BE USED FOR CONSTRUCTION Copyright by Earth Source Design, LLC. The plans herein are instruments of service for the construction of one building only and are not to be copied in any form whatsoever without express written consent. 1/16" 1'-0" V-1 Existing Site Plan 26 Joseph (L24) 7AUG2023 RHK AK 1/16" 1'-0"1Site - Existing SAN SAN SAN SANSANSAN GAS GAS GASGAS E E E E EWWWW W WW SINGLE FAMILY RESIDENCE 26 JOSEPH ST. TAX MAP PARCEL NO. 165.82-1-72 AREA 7538.6 SQ. FT. 134' - 1 29/32" 117' - 1 9/16"60' - 0"JOSEPH ST.CONCRETE WALKCURBCURBWSO UTIL LP10' - 8"11' - 0"11' - 0" PROPOSED PATIO PROPOSED PERGOLA 22' - 3" 24' - 11" • • • • • LOT COVERAGE: LOT SIZE: 7538.6 SF BUILDING FOOTPRINT (TO ROOFLINE): 2275 SF LOT COVERAGE (AS %) PRIMARY STRUCTURE: 32.8% PERMEABLE SURFACES: 48.7% REFERENCES: "SURVEY OF LOT 24 JOSEPH ST" , DATED OCT 15, 2020 BY C.T. MALE ASSOCIATES Scale (on 11x17) Project number Date Drawn by Checked by THESE PLANS MUST BEAR THE SIGNATURE AND SEAL OF ROSS H. KENYON, P.E. TO BE USED FOR CONSTRUCTION Copyright by Earth Source Design, LLC. The plans herein are instruments of service for the construction of one building only and are not to be copied in any form whatsoever without express written consent. 1/16" 1'-0" V-2 Proposed Site Plan 26 Joseph (L24) 7AUG2023 RHK AK 1/16" 1'-0"1Site - Proposed CS 3' - 2"15' - 0" 7' - 0"MIN.3' - 0"3' - 2"3' - 8" 11' - 8"29' - 11"23' - 7"PLANTERPLANTEREGRESS PLANTERPLANTER 11' - 4"PLANTER 18' - 8"3' - 2"11' - 8"12' - 0"22' - 3" + / - 6 " DN DN PROPOSED REAR PATIO REAR PATIO CONSTRUCTION (TYP.): 60MM TECHO BLOC PAVERS SAND BASE SAND OR CRUSH STONE FILL VERSA-LOK BLOCK RETAINING WALL PLANTER CONSTRUCTION (TYP.): VERSA-LOK BLOCK RETAINING WALL 25' - 0"12' - 8" 24' - 11" + / - 4 " 26' - 5 7 / 8 "19' - 6"28' - 9" 30' - 2 1 / 2 " PROPOSED PERGOLA ALUMINUM PERGOLA SYSTEM 8X8 COLUMNS LEDGER ATTACHMENT TO HOUSE 18" SONOTUBE FOOTINGS (2 PL.) OUTSIDE EDGE OF RETAINING WALL (BOTTOM) OUTSIDE EDGE OF RETAINING WALL (TOP) INSIDE EDGE OF RETAINING WALL (TOP) Scale (on 11x17) Project number Date Drawn by Checked by THESE PLANS MUST BEAR THE SIGNATURE AND SEAL OF ROSS H. KENYON, P.E. TO BE USED FOR CONSTRUCTION Copyright by Earth Source Design, LLC. The plans herein are instruments of service for the construction of one building only and are not to be copied in any form whatsoever without express written consent. 1/8" 1'-0" V-3 Proposed Patio Detail 26 Joseph (L24) 7AUG2023 RHK AK 1/8" 1'-0"1First Floor - Rear Patio Detail Scale (on 11x17) Project number Date Drawn by Checked by THESE PLANS MUST BEAR THE SIGNATURE AND SEAL OF ROSS H. KENYON, P.E. TO BE USED FOR CONSTRUCTION Copyright by Earth Source Design, LLC. The plans herein are instruments of service for the construction of one building only and are not to be copied in any form whatsoever without express written consent. V-4 3D Renderings 26 Joseph (L24) 7AUG2023 RHK AK 1 Patio - From NE2Patio - From SE 3Patio - Rear Birdseye PROPOSED PATIO PROPOSED PERGOLA PROPOSED PERGOLA PROPOSED PATIO PROPOSED PATIO PROPOSED PERGOLA 26 Joseph Street Patio variance application Site pictures Aug 20, 2023 26 Joseph Variance Application August 20, 2023Page 2 of 7 View of street, from North side Ribons Drumm 26 Joseph Stevens Sharif 26 Joseph Variance Application August 20, 2023Page 2 of 7 View of street, from North side Drumm 26 Joseph Ribons Stevens Frey Location of proposed patio (in back yard) 26 Joseph Variance Application August 20, 2023Page 3 of 7 View of street, from South side Drumm 26 Joseph Ribons Stevens 26 Joseph Variance Application August 20, 2023Page 3 of 7 View of street, from South side Drumm 26 Joseph Ribons Stevens Location of proposed patio (in back yard) Frey Woytowich 26 Joseph Variance Application August 20, 2023Page 3 of 7 Proposed patio, from SE lot corner Ribons Krouner 26 Joseph Variance Application August 20, 2023Page 3 of 7 Proposed patio, from NE lot corner Ribons Stevens LevySharif 26 Joseph Variance Application August 20, 2023Page 3 of 7 View from patio door, facing east Frey Woytowich Beal LANDS NOW OR FORMERLY OF LISA A. RIBONS AND PATRICIA A. CASEY DEED NO. 2016022906 LANDS NOW OR FORMERLY OF JOSEPH P. AND MARILYN FREY DEED NO. 2016035453 LANDS NOW OR FORMERLY OF LORRAINE WARNER DEED NO. 2021018826 LANDS NOW OR FORMERLY OF THOMAS STEVENS, TRUSTEE DEED NO. 2021016944 S81°16'15"E 134.16' S 2 4 ° 3 4 ' 3 0 " W 6 2 . 3 7 ' N81°16'15"W 117.13' N 0 8 ° 4 3 ' 4 5 " E 6 0 . 0 0 ' 20 FT. WIDE UTILITY EASEMENT 20 F T . CO N C R E T E B L O C K R E T A I N I N G W A L L AR O U N D P L A N T E R A R E A CONCRETE STEPS CATCH BASIN 12 FT. WIDE DRAINAGE EASEMENT (PER MAP REF. NO. 1) GAS METER ELEC. METER A.C. UNIT ROOF LINE (TYP.) MACADAM DRIVEWAYOS W CATV BOX ELEC. BOX PHONE BOX 10'x10' UTILITY EASEMENT (PER DEED NO. 2020030666) TWO STORY HOUSE NO. 26 JOSEPH STREET 2nd FLOOR OVERHANG ROOF LINE (TYP.) CONCRETE PAD CRUSHED STONE DRIVEWAY STREET LAMP JOSEPHSTREETRECORD ~ MAP REF. NO. 1CO N C R E T E S I D E W A L K CO N C R E T E S I D E W A L K UTILITY POLE (UTILITIES GO UNDERGROUND FROM POLE) CO N C R ETE C U R B CRUSHED STONE APRON MACADAM APRON APRON MACADAM STONE PAVERS MACADAM DRIVEWAY STONE AND CONC. BLOCK PAVERS VINYL F E N C E 10 . 6 ' ā 10 . 6 ' ā 11.0'ā 11.0'ā 11 . 8 ' ā 10 . 8 ' ā 10 . 8 ' ā LANDS OF TIMOTHY CHRISTIAN DRUMM DEED NO. 2022008707 AREA = 7539± SQ. FT. TAX MAP PARCEL NO. 165.82-1-72 LOT 25 (MAP REF. NO. 1) (MAP REF. NO. 1) LOT 18 (MAP REF. NO. 1) LOT 19 (MAP REF. NO. 1) LOT 20 (MAP REF. NO. 1) LOT 23 (MAP REF. NO. 1) LOT 24 RIGHT OF WAY = 52.5 FT. WIDTH OF PAVEMENT = 31± FT.(P E R M A P R E F . N O . 1 ) OV E RHEAD U T I L I T Y L I N E S PROPOSED PERGOLA ON A CONC. BLOCK PATIO CO N C . B L O C K P A T I O EGRESS CONC. BLOCK PATIO PLANTER PL A N T E R PLANTER (PER DEED NO. 2020030666) 11.0'ā 22.1'ā11 . 8 ' ā OF THE NEW YORK STATE EDUCATION LAW. UNAUTHORIZED ALTERATION OR ADDITION TO THIS MAP IS A VIOLATION OF ARTICLE 145, SECTION 7209, SUB-PARAGRAPH (2) DANIEL C. WHEELER P.L.S. LIC. NO. 50,137 TITLE: LOCATION: SCALE: SURVEY OF LANDS OF NOTES: PROFESSIONAL LAND SURVEYING PH. (518) 583-7302 FAX (518) 583-7303 432 BROADWAY, SUITE 5, SARATOGA SPRINGS, NY 12866 CITY OF SARATOGA SPRINGS (I.D.) 1 INCH = 10 FEET SARATOGA COUNTY, NEW YORK AUGUST 10, 2023 2023-24-03MAP NO. DATE: THIS SURVEY WAS DONE WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE SSOCIATES, LLCASURVEY UNLESS OTHERWISE NOTED OFFSET DIMENSIONS ARE MEASURED TO ROOF LINES.2.) 1.) DANIEL C. WHEELER, LS TO TIMOTHY CHRISTIAN DRUMM AND RECORDED IN THE SARATOGA COUNTY DEED DATED FEBRUARY 14, 2022 FROM THE EARTH SOURCE COMPANY, LLC DEED REFERENCE: 1.) CLERK'S OFFICE AS DEED NO. 2022008707. OR A TITLE REPORT. TIMOTHY CHRISTIAN DRUMM MADE BY C.T. MALE ASSOCIATES, P.C. AND FILED IN THE SARATOGA COUNTY MAP ENTITLED "REVISED - SUBDIVISION PLAN JOSEPH STREET SUBDIVISION" DATED JULY 20, 2005, LAST REVISED ON SEPTEMBER 24, 2010, MAP REFERENCE: 1.) MINIMUM SETBACKS: MIN. CORNER SIDE: 10 FT. TOTAL SIDE: 20 FT. ONE SIDE: 8 FT. REAR: 25 FT. FRONT: 10 FT. ZONING DISTRICT: UR-2 ZONING INFORMATION: LOT LINES 4 FT. PRINCIPAL BUILDING WITHIN 20' OF SIDE MAXIMUM FIRST FLOOR ELEVATION WHEN MAXIMUM IMPERVIOUS SURFACE COVERAGE: 70% MINIMUM LOT SIZE: 6,600 SQ. FT. MAXIMUM BUILDING HEIGHT: 40 FT. MINIMUM LOT WIDTH: 60 FT. MAXIMUM BUILDING COVERAGE: 40% CLERK'S OFFICE AS MAP NO. "M201150". UTILITIES TO HOUSE ARE UNDERGROUND.3.) 26 JOSEPH STREET LOT COVERAGE INFORMATION: AREA OF HOUSE (MEASURED TO THE ROOF LINES) = 2,257ā SQ. FT. OR 30% OF THE LOT PERMEABLE SURFACES = 53% OF THE SITE