HomeMy WebLinkAbout20190840 Abney Residence Application ENGINEERING AMERICA CO .
76 WASHINGTON ST . SARATOGA SPRINGS , NY 1 2 8 6 6
5 1 8 / 5 8 7 - 1 3 4 0 5 1 8 / 5 8 0 - 9 7 8 3 ( FAX )
TRANSMITTAL SHEET
TO: FROM:
Zoning Board of Appeals Tonya Yasenchak
COMPANY: DATE:
City of Saratoga Springs AUGUST 21,2019
FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER:
1 ZBA Application&$200 application fee
PHONE NUMBER: SENDER'S REFERENCE NUMBER:
RE: YOUR REFERENCE NUMBER:
Abney—Detached Accessory Structure
# 118 Middle Ave.,Saratoga Springs,NY
❑ URGENT IZ[FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑AS REQUESTED
Dear Zoning Board of Appeals,
Engineering America Co. respectfully submits the attached ZBA application for review of an
area variance related to the proposed construction of a detached accessory structure with
conditioned use for the owners' aquarium hobby at 118 Middle Ave. in Saratoga Springs,
NY.
We respectfully request to be placed on the September 9' agenda for review.
We thank you for your time and consideration.
Please contact my office with any questions or if additional information is required.
Thank you for your time and cooperation.
Tonya Yasenchak,PE
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APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANT(S)* OWNER(S)(If not applicant) ATTORNEY/AGENT
Karen Abney& Robert Rembish Agent: Engineering America Co.
Name
118 Middle Ave. Tonya Yasenchak, 76 Washington St.
Address
Saratoga Springs, NY 12866 Saratoga Springs, NY 12866
518 1496-4848 518 1587-1340
Phone
kabney1234@gmail.com tonyay@nycap.rr.com
Email
*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: VI Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
118 Middle Ave. 166 45 3 37
. Property Address/Location: Tax Parcel No.: - -
(for example: 165.52-4-37)
05/03/2018 UR-3
2. Date acquired by current owner: 3.Zoning District when purchased:
Single Family Residential UR-3
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
❑Yes(when? For what? )
® No
7. Is property located within(check all that apply)?: 0 Historic District 0 Architectural Review District
0 500'of a State Park,city boundary, or county/state highway?
8. Brief description of proposed action:
Construction of a 13'x 22'detached accessory structure to be insulated and conditioned, including one slop sink,for use by
the Owners for their extensive tropical fish collection &hobby.
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes 17 No
10. Has the work, use or occupancy to which this appeal relates already begun? D Yes VI No
I I. Identify the type of appeal you are requesting (check all that apply):
0 INTERPRETATION(p.2) 0 VARIANCE EXTENSION(p.2) 0 USE VARIANCE(pp. 3-6) IZ AREA VARIANCE(pp.6-7)
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
❑ Interpretation $ 500
❑ Use variance $1,000
IZ Area variance
-Residential use/property: $ 200
-Non-residential use/property: $ 600
❑ Extensions: $ 150
INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
. 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? DYes DNo
4. If the answer to#3 is"yes,"what alternative relief do you request?❑ Use Variance 0 Area Variance
EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
I. Date original variance was granted: 2. Type of variance granted? 0 Use 0 Area
3. Date original variance expired:
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 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
Appendix A: Definitions
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements From To
Modification of a proposed accessory structure("An unfinished&
uninhabitable space in a detached structure. Includes private
garages, storage sheds, non-commercial greenhouses,
swimming pools,pool houses,antennas&satellite dishes&
solar/hearing/ventilation/utility equipment")for use as a
conditioned area for Aquarium/Tropical Fish hobby.
Other:
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.
The benefit of a large enough room to meet the Aquarium hobby needs of the applicant is difficult or unachievable by other
means:
1) The option of using space within theist floor of the existing house is not an option. The small useable first floor area is only
827 sq.ft.and requires area for entry, kitchen,dining&living. An addition for the aquarium room is beyond the applicant's budget
at this time and would also limit future renovations to the home.
2)Use of the existing 2nd floor is not an option. The upstairs consists of three(3)small bedrooms. However,the structure of the
existing building is not sufficient to support the duudrki,ris without significant structural renovations.
3) use of the existing basement is not an option. Due to bedrock located under the house,the basement area is limited to the
rear 1/2 of the house only with very limited headroom. The existing stairs are also too narrow for the aquarium equipment.
Extensive structural renovations and excavation would be required and is physically not possible with the bedrock.
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 the area variance should not produce an undesirable change in the character of the neighborhood or detriment to the
nearby properties:
1) The existing garage will be removed prior to construction of the new accessory structure. The existing garage is pre-existing&
non-conforming with zoning setbacks being only 0.4'from the East property line. The new accessory structure will be located in
compliance with the current zoning at more than 5.0'setback from property line to roof drip edge.
2) A detached accessory structure has been located on this property for decades. Similar accessory structures&larger carriage
house are located within the neighborhood.
3) The proposed accessory structure is architecturally consistent with the existing house&neighborhood.
.-- y • I - T► • .'. ' . 4.- • f • - - - -TT 'I I TT •" v •I ' ' .is .' ..I.'
hobby. Plumbing is limited to one utility sink and a bathroom is not intended nor proposed.
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
The variance may appear substantial as the proposed use to condition and use the detached accessory structure is significantly
different than for an unconditioned shed. However the request is not substantial as follows:
1)The use of this accessory structure for aquariums is not unlike that of a greenhouse(which is allowed). A green house requires
the structure be conditioned and most often requires a water source. The proposed use for an aquarium hobby is very similar in
nature.
2)The coverage of this accessory structure, including the roof overghangs and optional pergola, is 338 sq.ft. The 7.2%coverage
is 2.8%less than the 10%maximum allowed by zoning.
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 variance should not have any adverse physical or environmental effects on the neighborhood or district:
1) The proposed detached structure has an overall coverage of 338 sq.ft. including the roof overhangs and optional pergola. The
7.2%coverage is 1.8% less than the max 10%allowed by zoning.
2) The spiral foundation piers proposed to be used for the structure anchoring does not require any excavation. The helical piers
should also limit disturbance to the roots of nearby trees.
3) The height of the proposed structure to the roof peak is under 18.0'. This is minor as related to the potential of a 60'height
building allowed within this district.
4) The proposed use does not produce noise or odors.
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:
The alleged difficulty is self created in as the applicants recently purchased the home. However,the applicants'intent to place the
aquariums in the basement(as they have in their current home)cannot be realized due to the bedrock under the home.
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION 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? 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.
r
f 08/21/19
Date:
f ,(applicant ►gnature)
• Date:
(applicant signature)
If applicant is not the currently the owner of the property,the current owner must also sign.
Owner Signature: Date:
Owner Signature: Date:
Revised 01/2019
Dear City of Saratoga Zoning board of Appeals:
My name is Robert "Bob" Rembish, I am 60 years old and have had fresh and saltwater aquariums since I
was 8 years old. I have been retired since 2007 and have been enjoying my hobby full time growing
corals sustainably and creating beautiful saltwater aquariums.
Our daughter graduated high school in Saratoga Springs this last June. She is starting college this fall
away from home. My wife and I have purchased a lovely little home on Middle Ave in Saratoga Springs
for our retirement years. We are selling our current house in Clifton Park, NY and downsizing from a
family sized home (plus a 1300 square foot basement—where my aquariums are)to a 1400 square feet,
two story home with a basement only big enough to hold the washer/dryer, water heater and furnace.
In the basement in Clifton Park, NY, I currently have 14 freshwater tanks, which include a few small
tanks for breeding freshwater fish. I currently have 13 saltwater tanks, which include several tanks for
coral propagation (growing).These tanks range from 20 to 265 gallons in size. In my living room I have 1
main "display" tank that is 7 feet long by 30" high. Please see attached photos.
As long as I have my health, I would like to continue my lifelong hobby, but there is not enough room in
the Middle Ave home for anything other than the "display" tank in the living room. It is my hope to
house my aquarium hobby in a shed on our property. To this end we are requesting to build a 12x20
shed to house my aquariums.The main floor would house the racks with the aquariums/equipment and
the attic (accessible by pull down stairs)would be the storage are that is needed for the hobby. For the
water needed in the aquarium hobby, the shed would need one sink&therefore water and sewer
utilities (not bathroom). To maintain a temperature that is not too cold, or too hot, the shed would also
need insulation and electricity for climate control.
While it is a very quiet hobby, there is quite a bit that goes into it being a successful hobby. To recreate
mother nature's oceans takes many steps and careful monitoring. To start with, all the tanks need RO
water. Reverse Osmosis (RO) is a water treatment process that removes contaminants from water by
using pressure to force water molecules through a semipermeable membrane; during this process, the
contaminants are filtered out and flushed away, leaving clean water. A large 200 gallon tank is set up to
hold the filtered water to be used for tank water changes for cleaning and refills due to evaporation.
Each tank or group/system of tanks also need a "sump" tank.The sump tank sits below/near the main
tank and holds the main water filtration system. The different filtration systems used are: Ozone filter,
UV filter, Refugium filter(utilizes live algae to filter the water), Pellet filter.The sump is also where other
equipment such as pumps, protein skimmers, aerators,thermometers, dosing pumps (that deliver
minerals for coral growth), heaters or chillers are put to keep the water healthy.
Each tank also has unique lighting requirements which could be either LED or fluorescent.Tanks with
coral or fresh water plants require photosynthesis spectrum lighting for growth to occur. Lighting must
hang at a proper height above the tanks to prevent sunburn or loss of spectrum at the lower depths of
the tank. Additionally, coral tanks need circulation pumps to keep water flow moving over corals.
Storage requirements are many. A mini refrigerator is needed to keep coral nutrients &fish foods and
medications fresh and/or frozen. Storage for 55Ib boxes of salt—always need salt! Backup equipment
for anything that could break and need immediate replacement- pumps,filters, lighting,tanks, PVC
pluming pipes/parts, hoses. Items needed for ongoing refill/replacement: filter mediums, light blubs,
minerals, filter socks. And for health: testing equipment and test kits. And buckets, lots of buckets.
Thank you for considering my request. Please let me know if you have any questions.
Sincerely, Bob Rembish