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Home My WebLink About20250059 193 Lake Ave Area Variance ApplicationApplication ®f for Area Variance t® Permit Carriage House City of Saratoga Springs Zoning ]hoard of Appeals Submitted January 24, 2025 Submitted By: Justin M. Grassi, Esq. Jones Steves Grassi LLP 68 Nest Avenue Saratoga Springs, New York 12866 (518) 587-0080 Table of Contents Exhibit A Application Narrative Exhibit B Application for Area Variance Approval Exhibit C Short Environmental Assessment Form Exhibit D Aerial "As Built" of Project Location APPLICATION NARRATIVE FOR AREA VARIANCE AT 193 LAKE AVENUE TO PERMIT RESIDENTIAL USE CE HISTORIC CARRIAGE HOUSE/BARN Property and Proiect Information 193 Lake Avenue, LLC (the "Applicant") owner 193 Lake Avenue, Saratoga Springs with Tax Map Number 166.46-3-21 (the "Property") in the Urban Residential — 3 zoning district, is managed by Scott Peterson, Esq., who operates his law practice out of the converted residential primary structure on the Property. The first story of this structure is comprised of the law office with the upstairs containing a 2-bedroom unit. In the rear of the property is a historic barn built approximately 90 years ago for storing farm equipment and products. This barn has unfortunately been substantially unutilized for decades. Proiect Description The Applicant submits to the City of Saratoga Springs Zoning Board of Appeals the Variance Application attached hereto as Exhibit B. The Applicant desires to renovate the historic barn and convert it to residential use. Such second dwelling unit use is permitted in the UR-3 zoning district of the UDO subject to the standards set forth in UDO Article 8 Section GG. (2), as set forth below: a) Conversion of a historic carriage house or barn into a dwelling is only allowed on a lot with one single family dwelling. b) Only historic carriage houses or barns listed or eligible for listing as historic properties on the local, state, or national historic register or are listed or eligible for listing as contributing properties to the historic district are eligible to be used as a second dwelling on the same lot as principal dwelling. c) A building permit is required to convert a historic carriage house or barn into a dwelling. d) Once a historic carriage house or barn has been approved for use as a second dwelling on the same lot as principal dwelling, any initial or future alterations to the structure require historic review approval by the Design Review Board, whether or not located in an Architectural or Historic Review Overlay District. Any alterations must meet building code and no alterations may increase the size of the historic carriage house. Once a historic carriage house or barn has been approved for use as a second dwelling, it cannot be expanded, which includes an increase to the building footprint or the gross floor area. e) One of the dwelling units must be occupied by the owner of the property. f) Use of a historic carriage house or barn as a dwelling on the same lot as principal dwelling requires the provision of one additional off-street parking space. While the applicant meets the standards of (b), (c), (d), and (l) above, since the Property is used as the Applicant's law office rather than primary residence, a variance would be needed from sections (a) and (e). The approval requested at this time is a variance from the requirement that the lot have one single family dwelling with one of the dwelling units occupied by the owner of the Property to enable the primary structure to remain occupied as a law practice by the Applicant. Variance Analysis Applicant believes this variance should be approved for the following reasons: The benefit sought cannot be achieved by some method feasible to pursue other than an area variance because Applicant desires to secure functional use of the barn constructed in 1935 to the rear of the principal building. While Lake Avenue in 1935 would have supported the use of a barn to house farming related products and equipment, Lake Avenue in 2025 has few storage related necessities. The barn feature is therefore rendered impractical without renovation or demolition. The Applicant desires not to demolish the barn structure but instead repurpose it consistent with the goals of the UDO and Comprehensive Plan of the City of Saratoga Springs. Due only to the unique circumstance that a law practice has operated on the Property rather than a single-family residence, a variance is needed to achieve these intended objectives. 2. An undesirable change will not be produced in the character of the neighborhood and a detriment to nearby properties will not be created by the granting of the area variances because the proposed barn renovation and use will not alter the current aesthetics of the Property. The barn and primary structure current exist on the site and no dimensional changes will be made; the barn will simply be given a "face lift" renovation. A de minimis traffic impact will result. The intensity of use of the Property would be consistent with other properties directly adjacent and along the Lake Avenue corridor. The property directly adjacent to the west is a busy orthodontic office mixed with residential use. Across the street at 188 Lake Avenue is another chiropractic office mixed with residential and detached garage appearing to have habitable space. Similarly, 186 Lake Avenue is a multi -family building with detached garage. At 184 Lake Avenue exists a 3-unit primary structure and a large 3- unit carriage home. Consistently, 182 Lake Avenue is also comprised of three units. In summation, both the characteristics of converted residential for office use and multifamily use are in the immediate vicinity of the Project and Lake Avenue generally. 3. The requested area variances are not substantial as they constitute allowing a permitted carriage house with a marginal variation of the principal use. Put simply, the proposed carriage house would be compliant with the UDO if the Applicant resided in the space his office is located. Approval of the current variances would also be entirely consistent with the UDO aspirations for utilization of historic carriage houses and barns and consistent with the intensity of uses in proximity to the Property. 4. The requested area variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood district because the variance sought will not result in an increase in impervious square footage. The use would be contained within the existing structure and the parking currently available would be used for the occupants. 5. The alleged difficulty may be considered self-created, however, as this Board is aware, a finding of self-created difficulty shall not necessarily preclude granting of the area variances. Summary The Applicant proposes the approval of the enclosed Variance Application to permit residential utilization of the historic bam on the Property. Dated: January 24, 2025 R pec }lly Submitted, i 11 J76 M. Grassi, Esq. v omey for Applicant Jones Steves Grassi LLP r "HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 TEL: 518-587-3550 X2533 www. saratoga-springs. org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION [FOR OFFICE USEI (Application #) (Date received) (Project Title) Check if PH Required Staff Review APPLICANT(S) * OWNER(S) flfnotapp//cant) ATTORNEY/AGENT 193 Lake Avenue LLC (Scott M. Peterson) Justin Grassi Name Address 193 Lake Avenue Saratoga Springs, NY 12866 Phone / Email Primary Contact Person: Applicant 68 West Avenue Saratoga Springs, NY 12866 (518)587-0800 / JGrassi@saratogalaw.com Owner 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: ® Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 193 Lake Avenue, Saratoga Springs 166 46 3 21 I. Property Address/Location: 11/30/2020 2. Date acquired by current owner: Converted Residential 4. Present use of property: Tax Parcel No.: _ (for example: /65.52-4-37) 3. Zoning District when purchased: Urban Residential - 3 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? ❑ Yes (when? For what? ) In No 7. Is property located within (check all that apply)?: ❑ Historic District m Architectural Review District ® 500' of a State Park, city boundary, or county/state highway? B. Brief description of proposed action: Conversion of the existing historic carriage house on the property into habital space. 9. Is there an active written violation for this parcel? ❑ Yes 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes 11. Identify the type of appeal you are requesting (check a// thatapp/v): rA . M ❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 2 AREA VARIANCE (pp. 6-7) Revised 0112021 ZONING BOARD OFAPPE4LSAPPLtc4T/ON FORM PAGEC INTERPRETATION —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): I . 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? ❑Yes []No 4. If the answer to #3 is "Les," what alternative relief do you request?0 Use Variance ❑ Area Variance EXTENSION OF A VARIANCE— PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 1. Date original variance was granted: 2. Type of variance granted? []Use O 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 01/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORN USE VARIANCE— PLEASE ANSWER THE FOLLOWING (add additional information as necessary): A use variance is requested to permit the following: For the Zoning Board to grant a request for a use variance, an applicant must prove that the zoning regulations create an unnecessary hardship in relation to that property. In seeking a use variance, New York State law requires an applicant to prove all four of the following ..tests". That the applicant cannot realize a reasonable financial return on initial investment for any currently permitted use on the property. "Dollars & cents" proof must be submitted as evidence. The property in question cannot yield a reasonable return for the following reasons: A Submit the following financial evidence relating to this property (attach additional evidence as needed): 1) Date of purchase: Purchase amount: 2) Indicate dates and costs of any improvements made to property after purchase: Date Improvement Cost 3) Annual maintenance expenses: $ 4) Annual taxes: $ 5) Annual income generated from property: $ 6) City assessed value: $ Equalization rate: Estimated Market Value: $ 7) Appraised Value: $ Appraiser: Date: Appraisal Assumptions: Revised 01/2021 ZON/NG BOARo oFAPPE9LsAPPLtc477cw FORM B. Has property been listed for sale with the Multiple Listing Service (MLS)? 1) Original listing ❑Yes If "yes", for how long. [[]No If listing price was reduced, describe when and to what extent: Original listing price: $ 2) Has the property been advertised in the newspapers or other publications? ❑Yes ❑No PAGE 4 If yes, describe frequency and name of publications: 3) Has the property had a "For Sale" sign posted on it? ❑Yes ❑ No If yes, list dates when sign was posted: 4) How many times has the property been shown and with what results? 2. That the financial hardship relating to this property is unique and does not apply to a substantial portion of the neighborhood. Difficulties shared with numerous other properties in the same neighborhood or district would not satisfy this requirement. This previously identified financial hardship is unique for the following reasons: Revised O1/2021 r- ZON/NGBOARO oFAPPE4tsAPPC/C4T/ONFORM PAGES 3. That the variance, if granted, will not alter the essential character of the neighborhood. Changes that will alter the character of a neighborhood or district would be at odds with the purpose of the Zoning Ordinance. The requested variance will not alter the character of the neighborhood for the following reasons: 4. That the alleged hardship has not been self-created. An applicant (whether the property owner or one acting on behalf of the property owner) cannot claim "unnecessary hardship" if that hardship was created by the applicant, or if the applicant acquired the property knowing (or was in a position to know) the conditions forwhich the applicant is seeking relief. The hardship has not been self-created for the following reasons: Revised O1/2021 ZONINGBDARD OFAPPEALSAPPL/c4 T/ONFORN PAGE E AREA VARIANCE— PLEASE ANSWER THE FOLLOWING (add additional information as necessary): Article 8.4, Principal Use Def The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested Subsection GG Dwelling - Historic Carriage House/Bam "Conversion of a historic carriage house or barn into a dwelling is See Attached only allowed on a lot with one sinale-family dwelling" Narrative "One of the dwelling units must be occupied by the owner of the See Attached oronerty" Narrative 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: 1. 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. See Attached Narrative 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: See Attached Narrative Revised 01/2021 ZOMNGSowro oFAPPEALSAPPC/C4 r1cw FORM PAGE 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: See Attached Narrative 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: See Attached Narrative 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: See Attached Narrative Redsed 01/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON 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. j. 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. E3 �'cett7yG Petaaaew (applicant signature) (applicant signature) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature: Date: Revised 01/2021 r F� E E3 Application 1.21.2 Final Audit Report Created: 2025-01-24 By: Annie Lash (alash@saratogalaw.com) Status: Signed Transaction ID: CBJCHBCAABAAhgwOjfck-EB8CwayeFnbEQ2pScLEHs2 "Application 1.21.25" History Document created by Annie Lash (alash@saratogalaw.com) 2025-01-24 - 6:40:10 PM GMT 2025-01-24 - Document emailed to Scott Peterson (smp@doraziopeterson.com) for signature 2025-01-24 - 6:42:43 PM GMT Email viewed by Scott Peterson (smp@doraziopeterson.com) 2025-01-24 - 6:44:00 PM GMT ISo Document e-signed by Scott Peterson (smp@doraziopeterson.com) Signature Date: 2025-01-24 - 6:44:51 PM GMT - Time Source: server Q Agreement completed. 2025-01-24 - 6:44:51 PM GMT Adobe Acrobat Sign Short Environmental Assessment Form Part I - Project Information Instructions for Completing Part 1— Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information Name of Action or Project Carriage House Area Variance Project Location (describe, and attach a location map): 193 Lake Avenue Brief Description of Proposed Action: Owner and applicant seeks an Area Variance to allow a carriage housetbarn on the property to be converted to a dwelling unit Name of Applicant or Sponsor: Telephone: (518) 587-0080 E-Mail: jgrassi@saratogalaw.cem Justin Grassi Address: 68 West Avenue City/PO: State: Zip Code: Saratoga Springs New York 12866 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? NO YES If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: ❑✓ ❑ 3. a. Total acreage of the site of the proposed action? .16 acres b. Total acreage to be physically disturbed? 0 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? .16 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial m Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page I of 3 SEAF 2019 r 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑✓ ❑ ❑ ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ✓❑ ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b- Are public transportation services available at or near the site of the proposed action? C. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑✓ El- ❑ ❑✓ ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES ❑ M 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES ❑ ❑ ❑ ❑ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ❑ ❑ ❑ ❑ Page 2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑Wetland ❑ Urban m Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ❑ ❑ 16. Is the project site located in the 100-year flood plan? NO YES M ❑ 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES M ❑ ❑ ❑ El ❑ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES ❑ ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES ❑ ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES 5D ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/spons r/name: Just Grassi Date: 1124125 Signature: A V Title: Attorney For Applicant A PRINT FORM Page 3 of 3 rN m 2Y Barn 2411 IM Handicap Ramp 2nd flr entrance ...--...-11 i IV ' 10' 17' IIjj 24':, 22' 14 I 10' 2 5tY/BBmt 14° 10' 2204.0 sf ,�... II' Coy Porch 24' 12' 20' Cov Porch ®i L Mh. v yMY �..►7• i 4 • 4' Jtis�- r �t A .• b �iaf ,.�� -mot`. a I ONES TLV GRASS[ A,,OaNFYs A; LAW January 24, 2025 Aneisha Samuels Zoning Board of Appeals City of Saratoga Springs 474 Broadway Saratoga Springs, NY 12866 aneisha.samuels@saratoga-springs.org RE: 193 Lake Avenue Area Variance Application Dear Aneisha, 68 West Avenue, P.O. Box 4400 Saratoga Springs, New York 12866 Phone (518) 587-0080 www.saratogalaw.com Please find enclosed the application of our client, 193 Lake Ave, LLC (the applicant,) for an Area Variance application in connection with the above referenced property. In support of such application, please find the following documents: l . Narrative of the proposed action; 2. Area Variance application; 3. Short Environmental Assessment form; 4. Aerial map of property; and 5. Check in the amount of $400.00 as an application fee. Please find an electronic copy of this application has been submitted to the above email address simultaneously. Should you have any questions or need additional information, please do not hesitate to contact me. CC: Scott M. Peterson