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20230497 77 Franklin Area variance Application
"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED— [FOR OFFICE USE] CITY OF SARATOGA SPRINGS (Application#) ZONING BOARD OF APPEALS CITY HALL-474 BROADWAY (Date received) SARATOGA SPRINGS, NEW YORK 12866-2296 ✓ .', TEL: 518-587-3550 X2533 •��('pq�RATt0 www.saratoga-springs.org -- -- (Project Title) APPLICATION FOR: ❑ INTERPRETATION, USE VARIANCE, Check if PH Required AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review APPLICANT(S)* OWNERS)(/f not apiglicant) ATTORNEY/AGENT Name Tim &Corinne Holloway Engineering America Co 917 McDonald Drive 76 Washington St. Address Enrt.Inhncnn NY 12070 g Saratoga Springs, NY 12866 518-221-4424(Tim) 518/587-1340 Phone r 1 a-rna--rnzg Ir—rin_43 Email tonyay@nycap.rr.com Primary Contact Person: Applicant Zowner ❑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: 1Z Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 77 South Franklin Street 165 66 2 66 1. Property Address/Location: Saratoaa Sorinos. NY 12866 Tax Parcel No.: - (for example: 165.52—4—37) 3/10/2023 LI R3 2. Date acquired by current owner: 3. Zoning District when purchased: Vacant Lot LIR3 4. Present use of property: S. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? m Yes(when? 4/93/201A For what?gingle Fam ly Residence ) O No 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: Construction of a Single Family Residence with 3 br/2.5 baths and two car garage. 9. Is there an active written violation for this parcel? ❑Yes 91 No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes Z 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) E3 AREA VARIANCE(pp.6-7) Revised 01/2021 ZoNINGBcARD oFAPPEAcsAPPuc4T7oNFoRM (Updates to original application noted in red) PAGE AREA VARIANCE-PLEASE ANSWER THE FOLLOWING(add additional information as necessary): U R-3 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested Permeability New Permeability 53% < 70% 70% 82% No Relief Req 1) Maximum Building Coverage New 49.4% = 9.4% difference 40% 65%/76%9.4% = 23.5% Relief (wDeck/Porch) 2)Front Setback New Setback to Alley: 6.0' = 4.0' difference 10, 2' 4.0' = 40% Relief 3)Rear Setback Proposed 16.7'to Patio = 8.3' difference 25' 11.8'/1.9' 8 3' = 33.2% Relief (w/Deck) Interior Side New Int. Side to House = 6.0' > 5.0' 5' 2.46' No Relief Req 4) Corner Side Proposed Setback to Franklin: 2.0' = 6.0' difference8' 1.470'(Porch 6.0' = 75% Relief Stens-Rt Side) Other: * Number of Variances reduced to (4) vs. the (6) originally requested ** Mount of relief for the (4) requested variances has been reduced To grant an area variance,the ZBA must balance the benefits to the applicant and the health,safety,and welfare of the neighborhood and community,taking into consideration the following: I. Whether the benefit sought by the applicant can be achieved by other feasible means. Identify what alternatives to the variance have been explored(alternative designs,attempts to purchase land,etc.)and why they are not feasible. Design modifications would be welcomed to extent of being able to have adequate size home. Other alternatives have been considered and this appears most feasible- -The applicant has purchased additional adjacent land and has proceeded through a lot line adjustment process with the City Planning Board In order to reduce the variances being requested. itlona an beyond what has been purchased is not available. -The house size and layout meets the current needs of the applicant. for permeability interior side setback. 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: This project would be considered a positive change to the neighborhood. Will not not create a detriment as there is not intent to go beyond setbacks unlike anything approved in the immediate area. In addition any modifications to final design can be made as to not incur on public services, snow removal, street/sidewalk passage etc... . -As noted in the Holloways initial application, the construction of a new residence in this location, replacing e former metal recycling site and now vacant lot, will be an Improvement to the character O the community. The variances requested are less than what was orig iq nall�proposed and granted for the former owners in 2018. Revised 01/2021 ZONING BOARD OFAPPEALSAPPUG4TIoNFORM (updates to original application noted in red) PAGES 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: Our desire is to obtain approvals for a home that the ZBA finds adequate based on previous approvals of neighboring properties in line with their focus for the area. - The variances requested are not substantial in comparison to the original variances granted in 2018. - The amr),-nt of reqI-estpd red--rpd from the priginal reql lest dl le to the applicant pi lrchasing land - The variances being requested are not substantial: a)The Building Goverage is proposed te be -9.4° ° ° wed as not substantial. b) The Rear Setbaelt is proposed at!6.7'to the patio, resulting in 8.3'variance (33.2% Felief). The patio will be at grade or slightly above, not having walls or a roof, will not have a substantial visible impact from the road. ° due to similar houses in the neighborhood. hh o t .�{ R However, 4. Whotheerptrhepvgrsienc 111 tia�ie andversetp�fys�Icla�olr�nvi�oemerl eR�ttThe eiFLAPl��odsor�s�rlCtssf fieareques�eBv�rTance 1�7fbt have an adverse physical or environmental effect on the neighborhood or district for the following reasons: Will be for single family residential use. The variances requested should not result in any adverse physical or environmental effects on the neighborhood. - The house is located closer to Cobb Alley, being further from the house on the Northern adjacent lot. - No trees will be removed as part of this project (currently a bare vacant lot). - The house is positioned so that all roof drainage should fall on the site and not off site. - The house on the additional land is now positioned to allow for on-site snow storage to the East of the proposed garage. S. 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: Not self-created as lot size falls below current zoning guidelines. The alleged diffculty was not self-created as the lot was pre-existing & non-conforming, with approved variances for a building of w en purchased. The applicant has improved the density along Cobb Alley as with the purchase of a portion of the lot to the West, the remaining portion of the "middle lot"was joined with another lot, reducing the number of houses along Cobb Alley to 3 vs. the 4 approved by the City. rsAYAsed 0vzort ZONING BOARD OFAPPE4LSAPPL1c4TION FORM PAGE B DISCLOSURE Does any City officer,employee,or family member thereof have a financial interest(as defined by General Municipal Law Section 809)in this application? m No OYes 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. 1/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. Digitally signed by Tim Holloway 1/20/23 Tim Holloway ate.?023.06.20 13 5924 Date: (applicant signature) Digitally signed by Connne Holloway `t/20/23 Corinne Holloway Date:2023.06,21 14:14:13-04M' Date: (applicant signature) If applicant is not the c rent ly w er of the property,the current owner must also sign. Owner Signature: Date: LOwner Signature: Date: Revised 0112021 Bill Moore A S,o Chair CITY OF SARATOGA SPRINGS Keith B.Kaplan ' �, ZONING BOARD OF APPEALS Vice Chair 4 Adam McNeill 0 Secretary CITY HALL-474 BROADWAY ke SARATOGA SPRINGS,NEW YORK 12866 James Susann Steer CENTENNIAL PH)518-587-3550 Fx)518-580-9480 Cheryl Grey WWW.SARATOGA-SPRINGS.ORG Brad Gallagher Oksana Ludd,alternate Rebecca Kern,alternate 43028 RECEIVED IN THE MATTER OF THE APPEAL OF Anthony Dawson/Moto Holdings, Inc. APR 2 6 2018 SARATOGA SPRINGS, NY 12866 ACCOUNYSDEPARTMW From the determination of the Building Inspector involving the premises at 77 South Franklin Street in the City of Saratoga Springs,NY,being tax parcel number 165.66-2-66 on the Assessment Map of said City. The Applicant having applied for an area variance to permit demolition of an existing scrap yard and construction of a new single-family residence and seeking relief as described below in the Urban Residential— 3 District and public notice having been duly given of a hearing on said application March 19 and April 9 and 23, 2018. In consideration of the balance between the benefit to the Applicants with detriment to the health, safety and welfare of the community, I move that the following variance for the following amount of relief: (8/26/24 requests noted in red below) Type of Requirement District Dimensional Proposed Relief Requested Requirement Min. lot size: 6,600 sq. ft. 3,600 sq. ft. 3,000 sq. ft. (45%) Min. rear yard 25 ft. 5 ft. 20 ft. (80%) setback: 16.7' 8.3' (33.2% relief)` Min. front yard 10 ft. 0 ft. 10 ft. (100%) setback: 6•o' 4.0' (40% relief) Max. nnci a building coverage: (this did not include th 50% 49.4% 20% (67%) detached garage) 9.4% (23.5% relief) As per the submitted plans as revised (revision date March 27, 2018) or lesser dimensions, BE APPROVED for the following reasons: 1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the applicants. The existing lot is lawful preexisting nonconforming to the lot requirements in the district. As the application states, "When seeking designs for each single lot it was not feasible under current zoning requirements to construct any building". The applicant revised the plans attaching the garage to the house per request of the Board; this change eliminated 3 areas of relief previously requested. 2. The applicants have demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to the nearby properties. As the application indicates,the existing use of the property as a scrapyard predates the City's Zoning Ordinance and is no longer in keeping with the current character of the neighborhood,which is primarily residential. The removal and demolition of this portion of the scrapyard(nonconforming use) and replacement with a single-family residence (permitted use)would result in a positive change to the neighborhood. The applicant has provided an analysis of existing lot sizes and principal building coverages in the neighborhood and has demonstrated that the existing lot size and principal building coverage proposed for the new residence is not inconsistent with the surrounding neighborhood. Finally,the Board notes that the property is located within a Historic District and Historic Review by the Design Review Commission is required. 3. The request for relief to permit a single-family residence on the existing lot is considered substantial; however,the lot is preexisting nonconforming with the district requirements and the applicant has demonstrated that the proposed size of the proposed structure (principal building coverage) and relationship to property lines is the minimum variance necessary per the applicant and noted by the Board. 4. The Applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. The removal of the existing scrapyard and replacement with a single-family residence represents a positive environmental impact to the neighborhood. The applicant has indicated that the residence would produce less traffic counts and less overall impact to the existing alley. Finally,the proposed site to remain permeable is in excess of the minimum 25%required. 5. The request for relief may be considered a self-created hardship due to the applicant's desire to construct a single-family residence at the dimensions proposed. However, self-creation is not necessarily fatal to the application. Notes: 1. DRC Historic Review for demolition and construction required 2. Applicant must comply with 17 NYCRR Part 32 - Oil Spill Prevention and Control- Actions To Be Taken In Case Of Discharge, if applicable (attached). 3. Applicant must comply with 6 NYCRR Part 360.13 - Special Requirements For Pre-Determined Beneficial Use Of Fill Material, if applicable (attached). Conditions: 1. Submit for review and approval by the City Engineer- Grading plan, utilities plan, erosion and sediment control plan,water connection application, right-of-way work cost estimate and letter of credit. 2. No accessory structures are permitted 3. Repair and/or replacement of the sidewalk along the frontage on South Franklin is required prior to issuance of a certificate of occupancy. Adopted by the following vote: AYES: 5 (K. Kaplan, A. McNeill, J. Helicke, B. Gallagher, O. Ludd) NAYES: 1 (C. Grey) RECUSAL: 1 (B. Moore) Dated: April 23, 2018 This variance shall expire 18 months following the filing date of such decision unless the necessary building permit has been issued and actual construction begun as per 240-8.5.1. 4/25/2018 Date Chair I hereby certify the above to be a full, true and correct copy of a resolution duly adopted by the Zoning Board of Appeals of the City of Saratoga Springs on the date above mentioned, six members of the Board being present. GA TA CITY OF SARATOGA SPRINGS Bill Moore, Chair Z Keith B. Kaplan, Vice a ZONING BOARD OF APPEALS Chair Adam McNeill, Secretary AM & 1 CITY HALL-474 BROADWAY James Helicke SARATOGA SPRINGS, NEW YORK 12866 Susan Steer PH) 518-587-3550 Fx) 51 8-580-9480 Cheryl Grey CENTENNIAL WWW.SARATOGA-SPRINGS.ORG Brad Gallagher Oksana Ludd, alternate RECORD OF DECISION ZBA MEETING MONDAY,APRIL 23, 2018 SIX MEMBERS PRESENT—S. STEER ABSENT 1. #3025 DAwsON/MOTO HOLDINGS RESIDENCE, Cobb Alley/77 South Franklin Street, area variance to construct a new single-family residence; seeking relief from the minimum mean lot width and minimum lot size and minimum front and rear yard setbacks and maximum principal building coverage requirements in the Urban Residential-3 District. Action: Public hearing closed; motion to approve— passed 4-2-1(Moore recused). 2. #3026 DAwsON/MOTO HOLDINGS RESIDENCE, Cobb Alley/77 South Franklin Street, area variance to construct a new single-family residence; seeking relief from the minimum mean lot width and minimum lot size and minimum front and rear yard setbacks and maximum principal building coverage requirements in the Urban Residential-3 District. Action: Public hearing closed; motion to approve— passed 4-2-1(Moore recused). 3. #3027 DAwsON/MOTo HOLDINGS RESIDENCE, Cobb Alley/77 South Franklin Street, area variance to construct a new single-family residence; seeking relief from the minimum mean lot width and minimum lot size and minimum front and rear yard setbacks and maximum principal building coverage requirements in the Urban Residential-3 District. Action: Public hearing closed; motion to approve— passed 4-2-1(Moore recused). 4. #3028 DAwsON/MOTO HOLDINGS RESIDENCE, 77 South Franklin Street, area variance to construct a new single-family residence and detached garage; seeking relief from the minimum mean lot width and minimum lot size and minimum front and rear yard setbacks and maximum principal building coverage requirements for the house and minimum side and rear yard setbacks and maximum accessory building coverage for the detached garage in the Urban Residential-3 District. Action: Public hearing closed; motion to approve— passed 5-1-1(Moore recused). 5. #3007 BOLDER VENTURES SUBDIVISION, 116 High Rock Avenue, area variance for a proposed two-lot subdivision; seeking relief from the minimum average lot width requirement for each of the lots and minimum front yard, side yard and total side yard setbacks and maximum principal building coverage requirements for each of the residences in the Urban Residential — 5 District. Action: Public hearing closed; motion to approve— passed 6-0. 6. #3029 BRASSEUR RESIDENCE, 6 Fish Creek View, area variance to demolish existing seasonal residence and construct a new single-family residence; seeking relief from the minimum front yard, minimum side yard (each) and minimum total side yard setbacks in the Rural Residential District. Action: Public hearing closed; motion to approve— passed 6-0. 7. #3017ADIRONDACK TRUST SIGNAGE, 473 Broadway, area variance for two wall signs; seeking relief from the maximum height for logo and lettering and placement above the first floor level of the building requirements in the Transect— 6 District. Action: Public hearing closed; motion to approve— passed 5-0-1(Moore recused). 8. #3030 MACY RESIDENCE, vacant lot on Fifth Ave. (166.14-5-19.12), area variance to construct a new single-family residence; seeking relief from the minimum front yard setback requirement in the Urban Residential — 1 District. Action: Public hearing opened and remains open; application adjourned to May 7. ADJOURNED ITEMS: 9. #3021 DORSEY MIXED-USE ADDITION, 15 Ballston Avenue, area variance to construct additions to an existing mixed-use (service and residential) building; seeking relief from the minimum frontage build-out requirements in the Transect—5 District. No Action: Public hearing remains open; application adjourned to May 7. 10. #2988 KosIBA RESIDENCE, 5 Beekman Street, area variance to construct a new single-family residence; seeking relief from the minimum average lot width and minimum lot size requirement for a second single-family residence and to permit more than one principal building on a lot in the Urban Residential —3 District. Adjourned to April 9. No Action: Public hearing remains open; application adjourned to May 7. 11. #2953 STATION PARK MIXED-USE DEVELOPMENT,Washington Street and Station Lane, area variance for a proposed multi-use development containing a 110 room hotel, 88 senior housing units, 41 assisted living units, 90 townhouses, and 28,060 sq. ft. of retail; seeking relief from the frontage build-to and build-out, minimum two-story and maximum building height requirements in the Transect-5 district. No Action: Public hearing remains open; application adjourned to date TBD. 12. #3001 ZIMMERMAN SUBDIVISION, 139 Grand Avenue, area variance associated with a two-lot residential subdivision; seeking relief from the minimum average lot width and minimum lot size (lot 1) and minimum lot area (lot 2) and minimum total side yard setback for existing residence on proposed lot 1 in the Urban Residential — 3 District. No Action: Public hearing remains open; application adjourned to date TBD. 13. #2932 DEVALL CARRIAGE HOUSE, 59 Franklin Street, area variance for construction of a three- car carriage house with second story dwelling unit; seeking relief from the minimum front yard setback (Cherry St.) and minimum side yard setback requirements in the Urban Residential — 4 District. No Action: Application adjourned date TBD. 14. #2931 LAKE LOCAL, 550 Union Avenue, consideration for Coordinated SEQRA Review for expansion and construction of eating and drinking establishment, marina and docks and tourist accommodations in the Water Related Business and Rural Residential Districts. No Action: Application adjourned date TBD. SIGNATURE: Wo�� 4/24/2018 CHAIR DATE DATE FILED WITH CITY CLERK: � r r � j L G CD CN L LP c7 ko R O O m r _ O 75 O O CV � ke Goo or [i { . 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O G— �_ aacm to _J of o � V — — 6f't6 � I R9'6b I I o O `c N I I tI'tb I V Z I I Z C IC A7dMaQLS z z _ o z N z o I z p r~ i owl yx �Vr~ y�c ry caw 7aa s BRACKET 24'-9 X 000NCRETE PA __ ______________ BEA I I a'-6%2" I r 5o z I I I �J � SLOPED CEILING STORAGE UNDER STAIRS UNDER STAIRS I DEN I I I I I I 23'-2!12" I 2-B I N I I I I � I CLOSET TBD I p T w 2 CAR GARAGE MUDROOM o (LAYOUTTBD) 2-8 I z-s c.o. I I p I 24"BUILT INS O 5�-0�2 ®�PPER$LOWER T'-0�2" CABINETSU WITH COUNTER I S I I I I s-1 I I z-s I 4'-0" 20 f0 Z L 1 GRESS WINDOW WELL I I Ilo 9111, I I I - III TI &INk, KITCHE4-,-Ne" o a DO (LA(LAYour reD) PRIMARY SUITE WALK 13-5Y2 © II_ 5,-2' 2- I N I I 3,5„ PATIO 3'-0" 4'-1" WALK IN CLOSET I 2-6 14'-8" I o - LANDING SI I m I I 5'T'/2" U STAIRS UP I � I I � I L z to I Ir I o I kl, I o DINING AREA la z LIVING AREA - I I I I 1B,s" ASEP GRESS WINDOW WELL I v STEPS UP COVERED PORCH I I I I I I 19'_8" I I � J P 40'-8" HOLLOWAY:RESIDENCE 77 SOUTH FRANKLIN ST.,SARATOGA SPRINGS,NY PROPOSED: 1 MAIN FLOOR PLAN JULY 10,2024 SCALE'3/16"=1'0" (1,570±FLOOR AREA) (2,590±SF FOOTPRINT) DESIGN BY - ENGINEERING AMERICA CO. 76 WASHINCTGN ST.,SARATOGA SPRINGS,NY 51B/587-1340 37'-8" ROOF \r T BELOW\l;�\` I ULL 6,_i. WALL r J ON I I I I SLOPED CEILING 3 0 I zs e I I I I I I I I I I I I I I I I I I I I I N I I I � I UNFINISHED FUTURE REC ROOM (596 SF) I I I I I I I I I I I I I I I I I I I I I I I T 6" I I I I I as°'12 - LOFT I o I ON BEDROOM#3 Q I � I I I I I I I I I I I � I I I I I CENT 3,-6. 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