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Home My WebLink About20190634 138 Nelson Rooming house Zoning Letters City of Saratoga Springs �``�,v,,G., s`% BUILDING DEPARTMENT DUANE MILLER . / Assistant Building Inspector CITY HALL r. Extension lri l�? ' 474 Broadway J Jit PATRICK COGAN . •_.: ; ' Saratoga Springs,NY 12866 Assistant Buildingnsp Inspector .h Q'PCRAtED'S Extension 2491 • BUILDING & Telephone (518)587-5550 Ext.2511 www.saratoga-springs.org MICHAEL CARLSON PLUMBING Assistant Building Inspector • CODES Extension 2541 JOHN BARNEY Assistant Building& Construction Inspector Extension 2521 June 6,2019 Anderson Firm, PLLC 48 Union Ave, Suite 1 Saratoga Springs,NY 12866 RE: 138 Nelson Ave, Parcel# 166.77-4-1 To whom it may concern, This letter is in response to your Zoning Compliance inquiry for 138 Nelson Ave.,parcel#166.77-4-1, in the City of Saratoga Springs. This parcel is located in the Urban Residential-2(UR-2)zoning district,which was created with the intent to provide medium density single family residential uses where public infrastructure is available. This property is not located within an Architectural or Historic review district. According to City records,this property consists of a two-story single family home, with a two-story,two- car garage attached by a breezeway. The only authorized use of this property is a single family residence. Any other use of this property is a violation of the City's Zoning Ordinance and the NYS Uniform Fire Prevention and Building Code (NYS Uniform Code). A building permit was issued in 1982 for construction of a single story detached garage. There is no CO on record. A building permit was issued in 1994(#16051)for an addition and alterations to the main house. The plans for this permit very clearly show 6 bedrooms, 6 bathrooms, and I half bath. Inspection records confirm that the basement was unfinished and the third floor attic space was unfinished. CO#3138 was issued on 9/14/95 (attached). A letter was sent to the owner in 1998 restating/clarifying that this single family residence was not authorized for use as a boarding house, rooming house, bed and breakfast,or rental of rooms to guests (attached). A building permit was issued in 2000(#19583)for expansion of the garage with the addition of a second floor. At this time, the second floor was only authorized for unfinished storage space. There is no CO on record. Page I 1 A letter was sent to the owner in 2003 pointing out that unauthorized construction had been done on the second floor of the garage(attached). A building permit was issued in 2006(#23519)covering the finished second floor of the garage. The scope of the permit included a breezeway connecting the garage to the main house. The finished space was authorized as a home occupation and specifically precluded the space from being used as an apartment. CO # 5457 was issued on 2/5/07 with conditions targeted towards preventing an apartment use of the second floor(attached). There are no further permits or authorizations in the Building Department records. Based on the information available to this department, including the current real estate listing,the following are known violations of the City Code,City Zoning Ordinance, and/or NYS Uniform code: • Portions of the third floor of the main house have been converted to habitable space without a building permit. This presents very serious life safety concerns,and is a violation of City Code §118 and NYS Uniform Code. The Building Department also has no record of the windows that were added to the third floor. • The basement of the main house has been converted to habitable space and a separate exterior entrance has been added without permits. This space is currently advertised as a separate one bedroom apartment. This constitutes a violation of City Code §118,NYS Uniform Code,and the City Zoning Ordinance. • The space above the garage is currently advertised as a two bedroom apartment. Use of this space as an apartment is a violation of the City Zoning Ordinance and a violation of the specific conditions of the Certificate of Occupancy. This violation is grounds for revocation of the CO. • Building Department records contain authorization for 6 bedrooms. At least 4 additional rooms are being illegally used as sleeping space. This is a violation of City Code §118 and NYS Uniform Code. • Building Department records contain authorization for 7 bathrooms and I half bath. 3 bathrooms have been added without authorization or permits. This is a violation of City Code §118, § and NYS Uniform Code. In addition to the known violations,renting this property as anything other than a single family would be a violation of the City's Zoning Ordinance and the NYS Uniform Code. Please note that this letter is not an official notice of violation. This matter will be turned over to the Public Safety Department of Code Administration for enforcement action. Remedy is required, regardless of who owns the property or when the violations originated. Sincerel Patrick Cogan Assistant Building Inspector,Zoning Officer Page I 2 N° 3 1 3 8 CERTIFICATE OF OCCUPANCY CITY OF SARATOGA SPRINGS, NEW YORK Building Permit No. I tip C) g Date t: a e I slued . . .�. . . . . .9 . . . ��`� w . . . , Owner Address t 3 •=L. ==r..� �- Section Block Lot This is to certify that the A p n i-c+:u � ��{•-t _n --,,, :..�,f� named above is in compliance with applicable codes, ordinances, and approvals, and is ready for occupancy as a . . :l?cZTeft ,N�: I-E r-� L,� ..... The following items are conditions on issuance of the certificate: )(' Date . . . `( i 41'1`� � � Building Inspector ( -. - c , (tit of aratug CSS' } `' PUBLIC SAFETY DEPARTMENT Building& v, ;��" � � CITY HALL Plumbing Codes roR,tto`.y Saratoga Springs, New York 12866 Zoning Telephone 518-587,-3550 THOMAS J.CURLEY MICHAEL J.BIFFER Commissioner Fax 518-5$7-106$ Building Inspector Pe ROBERT G.KING ROBERT W.HICKEY Deputy Commissioner Asst.Bldg.Inspector March 31, 1998 Andrew Farrell 138 Nelson Avenue Saratoga Springs, N.Y. 12866 RE: °GUESTS° AT 138 NELSON AVENUE Dear Mr. Farrell: I have not heard from you since last July, when I stopped at our premises to Y discuss the unauthorized use of your residence building. Please be reminded and advised that according to the Zoning Ordinance of the City Code, not you are permitted to operate a rooming house, boarding house, or bed and breakfast at this single family residence premises nor are youermitted to rent rooms P to "guests", without first obtaining permission from the Zoning pp Board of Appeals, and secondly bringing your building into conformance with the State Uniform Fire Prevention and Building Code. 1 If you violate the provisions of the Zoning Ordinance of the CityCode or of the State Uniform Code you maybe cited for said violations, and face penalties as set forth in the City Codes. If you have questions regarding the applicable ordinances do not hesitate contact this office. to Yours truly, IP- Michael J. Biffer Building Inspector MJB/jb • o � QJ of wrath a aprings BUILDING DEPARTMENT MICHAEL J.RIPPER 7-# :Y3).7‘‘ CITY HALL Building Inspector • '�'•• Saratoga Springs, New York 12866 4,�co gROBERT W.HICKEY Asst. Bldg. Inspector Telephone 518-587-3550 STEPHEN A.RENDERER • Building & Plumbing Fax 518-580-9480 Asst. Bldg. & Construction • Codes Inspector •Zoning March 20, 2003 Andrew E. and Mary J. Farrell 138 Nelson Avenue Saratoga Springs, NY 12866 RE: UNAUTHORIZED CONSTRUCTION— GARAGE ATTIC 138 NELSON AVENUE—TAX ID #166.77-4-1 Dear Mr. and Mrs. Farrell: According to our records, you obtained a building permit#19583, issued on 9/20/00, for work on a detached garage. In the documents that you submitted, that building was portrayed as uninsulated and with unfinished attic space. However, it is apparent that your construction proceeded beyond that which was authorized by the city. And I have reason to believe that you may be operating an illegal apartment above the garage, for which you may be cited for violations of the city codes. l encourage you to contact me as soon as possible with an explanation of these circumstances, and I will advise you of the necessary and appropriate steps toward conformance with city codes. Yours truly, Michael J. Buffer Building Inspector MJB/lb N2 5457 CERTIFICATE OF OCCUPANCY CITY OF SARATOGA SPRINGS,NEW YORK Building Permit No IR„3 5 t Date Issued /IP 9.. .67. Owner AD. .E..1 .......1r-pr ►e,1...1... Address 1 : .. -tea 1 ...... \fit%:#9 �. Tax Map I.D.Number......1. (A A 77” This is to certify that the.Po-DE-RAT to is N .. l E 'H A-DP ii'oto F(l.ovh GALA c2 a Ta r*t= msrik16 Fze s1 } named above is in compliance with applicable codes, ordinances, and approvals, and is ready for occupancy art. The following items are conditions on issuance of the certif tate: N 0 1 0 r .) 11..‹"Z'. .121,t4. a. ca of2- 14 iTc(4-614 1$ hanttra.,rwtz,IP ....... sviLpik3G., (.4.,thc,44 EaY Ba0-01.5cofN Rorif-- iNmu? ATTActiLIP . .... .. .... x. �..� ....FA\t L'( R $i to . .znt!s.T