HomeMy WebLinkAbout20250736 52 York Ave Area Variance Supplemental Information 0918202552 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
Project Narrative
The applicants are seeking two area variances to permit a single lot subdivision in
connection with a parcel of property known as 52 York Avenue ("Property") in the UR-3 of the
Saratoga Springs Unified Development Ordinance ("UDO") (Tax Parcel ID 166.45-3-61). The
applicants seek the following relief:
1. Lot 1: 1,150 square feet from the minimum lot area of 6,600 square feet (17%) and 10
feet from the minimum lot width of 60 feet (17%).
2. Lot 2: 1,150 square feet from the minimum lot area of 6,600 square feet (17%) and 10
feet from the minimum lot width of 60 feet (17%).
The existing home on York Avenue will remain the home of the applicants. The applicants
intend to sell the newly created lot on Middle Avenue. The single lot which exists today is far
Larger than needed by one family, so they are excited to help facilitate the creation of
additional housing in the neighborhood.
1 1 P a g e
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
A. Current Situation
The applicants currently reside two blocks away on York Avenue. Upon becoming pregnant,
they began seeking a larger home, preferably still on Saratoga's east side. They were excited
to learn 52 York Avenue was listed in late 2024 as its larger size would more comfortably
accommodate the new baby. The applicants are currently beginning the process of
renovating the existing home.
Although the additional square footage of 52 York Avenue will greatly help the growing family,
they feel the current lot is far larger than needed at 10,901 square feet. They also feel that
Saratoga's east side is a wonderful neighborhood and would love to facilitate the creation of
additional housing so another family could have the opportunity to enjoy the neighborhood.
Given that the existing lot greatly exceeds the UR-3 minimum lot area, the applicants feel
that subdividing the existing lot exactly in half would yield two lots of adequate size and
would only require small variances. Since the current property fronts on two streets, York
Avenue and Middle Avenue, both lots after subdivision would easily connect to existing
roads, sidewalks, and utilities. The resulting lots would be consistent with the character of
the neighborhood and would support the stated purpose of the UR-3 residential district to
"to conserve, maintain, and encourage the development of moderately dense single-family
and two-family neighborhoods".
B. Area Variance Standards and Applicant's Support for Relief
The Property is situated in the Urban Residential-3 zoning district and is subject to minimum
lot area requirements of 6,600 square feet for 1-unit and 8,000 square feet for 2-units, and a
minimum lot width requirement of 60 feet. The proposed subdivision would create two lots
of 5,450 square feet (50ft x 109ft) with a 50-foot minimum lot width. The applicants seek
relief from the Unified Development Ordinance Section 3.3's minimum lot area and width
requirements through two small 17% variances. The considerations for an area variance are
as follows:
1. Whether the benefit sought by the applicant can beach I eved by other
feasible means
Any additional land for the applicants' proposed lots to be conforming would necessarily
have to come from their neighbors. However, every adjacent property is non -conforming,
and so purchasing any portion of land from the adjacent properties would result in greater
non-conformance.
2 1 P a g e
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
The neighbors for the existing Yorl<Ave address are as follows:
West 1166.45-3-2
East 1166.45-3-7
210 — 1 Family ( Undersized
Residential 36 ft
280 — Residential Undersized
Multiple 50 ft
The neighbors for the newly created Middle Ave address will be as follows:
Undersized
—3,500 sq. ft.
Undersized
—5,300 sq. ft.
West #1 166.45-3-64 210 — 1 Family Undersized Conforming
Residential 49 ft —7,800 sq. ft.
West #2 166.45-3-4 220 — 2 Family Undersized Undersized
Residential 47 ft —5,200 sq. ft.
East 166.45-3-8 210 — 1 Family Undersized Undersized
Residential 50 ft —5,300 sq. ft.
Reviewing the dimensions of the neighboring properties, all properties are nonconforming in
width. The only property conforming in area is 166.45-3-64. While augmenting the proposed
lots resulting from the subdivision with a portion of land from this neighboring property is
technically feasible based on the numbers, it is not realistic nor viable. A hypothetical
purchase of adjacent land from 166.45-3-64 would only be able to make one of the
subdivided lots conforming in area and would result in both properties having irregular lot
lines. Additionally, this land is not for sale and is used by the owners of the property for a
shed. A sale of this neighboring land to the applicants would also have further implications
for the lot's coverage and setbacks.
The below picture shows property 166.45-3-64 highlighted in yellow to illustrate the lot lines
discussed above.
3 1 P a g e
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
So i
5° 166.45
m,� 7 n1110
3�
1 a6 z
50
" (p/o 37)
b
5122 lvi 61 5p00� 1
,37 ,21 - (Plo 37)
9
u.1 6
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e 1
4 so 00
m 50
Based on the information presented above, there is no alternative solution that would deliver
the same benefits to the applicants.
2. Whether granting the variance will produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties
In assessing the merits of the requested relief, the applicants performed an exhaustive
analysis of the properties within approximately 700 feet of the Property to empirically
determine the "character of the neighborhood." In all, the applicants reviewed records for
145 properties' within the study area and the results are as follows:
1. Only 15 of 145 (10%) properties are conforming in both minimum lot width and area.
This results in a non-conformance rate of 90%.
2. Only 46 of 145 (32%) properties are conforming in minimum lot area. This results in a
non-conformance rate of 68%.
3. Only 27 of 145 (19%) properties are conforming in minimum lot width. This results in
a non-conformance rate of 81%.
4. Lots with less than 5,450 sq. ft. (i.e., lot area after proposed subdivision) totaled 66.
This means that 46% of the neighborhood properties are smaller than the lots
resulting from the proposed subdivision.
' The applicants have compiled data on 145 homes surrounding 52 York Avenue as demonstrative of the
neighborhood in general. The properties examined came from York Avenue, E Harrison Street, Middle Avenue,
Nelson Avenue, Lake Avenue, Circular Street, North Street, and Warren Street. The minimum width, lot area,
and use were compiled and analyzed. The information was taken directly from municipal records on
https,//s_aratoga.sdgnys_com_/searc_h_as_px,http__s-.//sIDatiat.v_hh.com/SaretogaMalDV ewer/, and tax maps.
4 1 P a g e
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
5. The most common lot width is 50 ft (i.e., lot width after proposed subdivision). 99 of
the 145 properties in the study have lot widths that are 50 ft or less. This means that
68% of the neighboring properties are the same width or smaller than the lots
resulting from the proposed subdivision.
As these statistics demonstrate, the character of the neighborhood is overwhelmingly
nonconforming with today's zoning code. The relief the applicants seek is in no way out of
character with the surrounding neighborhood, and will in fact increase uniformity in the
neighborhood as there is only one other residential neighborhood property in the data set
which has not been similarly cut in half between York Ave and Middle Ave (166.45-3-23). An
excerpt of the 166.45 tax map is presented below, where 52 York Ave is highlighted in blue,
and 166.45-3-23 is highlighted in yellow.
3. Whether the variance is substantial
The applicants seek the following relief:
1. Lot 1: 1,150 square feet from the minimum lot area of 6,600 square feet (17%) and 10
feet from the minimum lot width of 60 feet (17%).
2. Lot 2: 1,150 square feet from the minimum lot area of 6,600 square feet (17%) and 10
feet from the minimum lot width of 60 feet (17%).
There is no standard definition for the substantiality of a variance. However, as the prior
section demonstrates, the neighborhood is overwhelmingly out of conformance, and often
in amounts far greater than 17%. The lots resulting from the subdivision will be in the middle
of the pack for the neighborhood, both in width and area. Therefore, the relief sought in this
application is not substantial in nature.
5 1 P a g e
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
4. Whether the variance will have adverse physical or environmental effects
on the neighborhood or district
Due to the minimal nature of the relief requested, there will be no adverse physical or
environmental effects on the neighborhood.
5. Whether the alleged difficulty was self-created
While the alleged difficulty is technically self-created, the applicants ask that the Board
considerallthe information presented as grounds to determine that such self -creation is not
fatal to the variance application.
C. Recent Variance Precedent
There have been two recent subdivisions where similar relief was granted for minimum lot
area and width:
124 York Ave: In 2016, the Board granted greater relief to an owner in similar
circumstances at 124 York Ave in area variances for two substandard lots within this
same neighborhood. The relief requested in that case was more substantial at 20%
(width: 60 ft. to 48 ft. and area: 6,600 sq. ft. to 5,279 sq. ft.).
10 Avery Street: In 2015, the Board granted similar relief to an owner in similar
circumstances at 10 Avery Street in area variances for two substandard lots within
this same neighborhood. The minimum width relief requested in that case was
identical at 17% (width: 60 ft. to 50 ft.). The minimum area relief requested was less
significant at 3% (area: 6,600 sq. ft. to 6,400 sq. ft.).
The reasoning for the relief in these recent subdivision applications was largely the same as
that requested in this application:
• Neighborhood which is 90% out of conformance with zoning requirements
• Proposed lot sizes which are consistent with neighborhood character
• Available municipal water and sewer
• Street access to both subdivided lots
• The inability to purchase land from adjoining neighbors
For all these reasons, we ask the Board to consider the precedent established by 124 York
Ave and 10 Avery Street variances for minimum lot area and width.
6 1 P a g e
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
D. Photographs
The neighbors for the existing York Ave address are as follows:
• West— 166.45-3-2 / Stephanie Wronowski
o Property Type 210-1 Family Residential
o Significantly undersized, both in minimum width (-36 ft) and area (-3,500 sq.
ft. )
11
50 1
5'
725
1 2
2C
(p/o 37)
N
GI xx .� w 61 °' -SpN
Q
m o
�L7 so- -. - (p/o37)
64 8
166.45
1
1-"'• 1
o This property is undersized, and the driveway backs right up to the property
line. There is no spare area to purchase. The picture also shows the roof of the
shed behind the white fence. The shed also backs right up to the property line.
7 1 P a g e
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
• East— 166.45-3-7 / Kirk & Aleah Wendell
o Property Type 280 — Residential Multiple
o Undersized, both in minimum width (50 ft) and area (-5,300 sq. ft.)
0
13
31 2
64
166.45
\ I
000 I
37) lP'
879
M
il� .� 4 z111 5000 1
oo
o This property has multiple residences, and no spare area for purchase. There
are also several sheds behind the larger house.
8 1 P a g e
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
The neighbors for the newly created Middle Ave address would be as follows:
• West #1—166.45-3-64 / Robert & Dawn O'Keefe
o Property Type 210 —1 Family Residential
o Undersized minimum width (49 ft), but conforming area (-7,800 sq. ft.)
5�5 166.45
' 7
0.5.0
3
Gt
(p/o 37)
6127 61 SGoo
64
l a18
4 w GG
9 A
o This property has an irregular shape featuring a larger front width, but the rear
width is only 49 ft and is currently used for a shed (visible in rear image of
166.45-3-4 on next page). Even if it was theoretically possible to purchase land
from the rear of this property, it would result in the subdivided lot which faces
Middle Ave having a very irregular shape.
9 1 P a g e
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Map Reference:
"Map of Lands on New York & Lake Avenues, Saratoga Springs,
belonging to William L. F. Warren'. dated July 1, 1860 and re-
I hereby certify that this subdivision map .11 prepared by me and
corded in the Saratoga County Clerk's Office on May 21, 1981
CITY OF SARATOGA SPRINGS ZONING DISTRICT:
is based on on actual nerd saucy performed by me on January 27. 2.25.
as Map number W-58.
UR-3 URBAN RESIDENTIAL-3
Bulk requirements:
u,Y°s. o4ssol
Deed Reference:
Minimum lal siz : 6,600 tGft.
0<e°,e n.,
Eugene E. Sakas, as E.se.tor of the Estate of Edward Contento,
9
Minimum ve ge lot with: 60 ft.
Minimum fronlyard building setback: 10 It.
to Monette COW and Collin Christovich, dated January 31, 2025
Minimum rearyord building setback: 25 ft.
0 01/27 25 EAC ACS ORIGINAL SURVEY DATE
and retarded in the Saratoga County Clerk's Office on February
Minimum sideyard building tback:
REV. `DATE CHK. DESCRIPTION
13, 2025 as Instrument number 2025-4003.
4 It. each, 12 it. total
Certificatians indicated hereon signify that this s rvey w s prepared in cords nee with the SURVEY MAP AND PROPOSED SUBDrMIM PLAN OF LANDS OF
,.:sling Code o1 Practice of Lantl Surveys oda1 ru by the N.Y. State ......o . of Pralea- MONETTE CARLI
el Land Surveyors. Soitl oerli/:cations shill run only to the lilt, in i nee company,
governmental agency, and lending institution listed hereon and to the assignees of the lending - (T Ago,
nstilution. Certifications ore not tronslerahle to additional institutions or subsequent ewners. 4./\1'•111.//7SVr1 !4J •�
Unauthorized alteration o addition to a rvey map bearing a licensed land s '"'t s seal LAND SURVEYING AND ENGINE ERInG, P.C.
COLLIN CHRISTOVICH
olatian of Section r7209. Subdmv ionu 2 of the N.Y. Stara Education Law.0 Only copies AT 52 YORK AVPNUZ S4RATOGA VMGS, NY IDh6
from vno original of this s rvey marked with on original of the loud surveyors embossed I BARNEY ROAD - SUITE 109
seal shall be considered to be valid copies. EU ON PARK. NY 12065
PHONE: (51B) 353-8001 Y: EAC S.B.L. ISBAS-3-61 SCALE: I' OPAWN
In aldlip", only copies /ram the original of this survey marked with an original of the lord CHECKED : A. CITY OF SARATOGA SPRINGS OWG. Na.: 6162A
urveyor5 signature in RED shall ba considered to be valid copies. o(c) 2025 Selo Ae.xkl.e P.c NR6I. Res.r.ea' DA E: 01/27/25 SARATOGA COUNTY, NEW YORN REV,: 0
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Jennifer Kadson
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Cynthlo M. Pennell,
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Jesti. M. Pennell &
Christopher A. Pennell
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6.B.L.X ifi6.45-J-56
rvey woe prepared wltNaul 1. benefit e1
op�m-dote e1a1e<1 of tine end la mere-
Lands n/f of
Rebecca McCarthyands
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&
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Meaghan Elizabeth Geydt
Rental, LLC
e e d'
• Iron pin
OO Masonry nail
O Lightpole
Manhole
Ill Catch basins
AS Fire hydrant
A Water valve
0-0---«o Chain -link fence
-------41, Overhead utilities
Detectable warning strip
Map Reference:
"Map of Lands on New York & Lake Avenues, Saratoga Springs,
hereby
is bored on an
cartifv that thie subdivision map w s pr¢ d b me and
actual field survey performed by me on January 27, 2025.
belonging to William L. F. Warren , dated July 1, 1860 and re-
corded in the Saratoga County Clerk's Office on May 21, 1981
CITY OF SARATOGA SPRINGS ZONING DISTRICT:
--------
as Map number W-50.
UR-3 URBAN RESIDENTIAL-3
teal ni
Reference:
BullDeed
Minim rn .I Sglee 6,600 sq.fl.
Eugene E. Sakos, as Executor of the Estate of Edward Conlento,
Minimum average lot width: 60 fl.
Minimum building E tback: 10 fit.
i O6/1R/25
EAC ACS PROPOSED GARAGE & DRIVEwnY LOT
t
(r.otyard
to Mane its Carli and Collin Christovlch, dated January 31. 2025 Minimum a yard building setback: 25 ft. 0 01/27/25
EAC ACS ORIGINAL SURVEY DATE
and recorded In the Saratoga Count Clerk's Office on February
9 Y Y
13, 2025 as Instrument number 2025-4003.
Minimum sldeyard building setback:
4 fit. each, 12 ft. total
REV. DATE
BY CHK. DESCRIPTION
Certifications indicated hereon Signify that this survey woe prepared in accordance with the SURVEY MAP AND PROMOS® SUBDIMON PLAN OF IANDS OF
existing Code of Practice of Lantl Surveys adopted run
o the N.Y. Stale Association of Prafee- MONETTE CARLI
nal Land B.. PCY.. Said certifications shall run only to the Lille in uronce wmpony,
governmental atJl,UU and lending institution listed hereon and t, the assignees of the lending - (Y __ A����
institution. Certifications are not Ironsferable to adtlilional institutions or subsequen( owners.U\YI1171.Ir/#YVI ■/+�' Asm
Unauth,ri,,d alteration ora addition to 0 su ey map bering a licensed land survey.:. seal LAND SURVEYING AND ENGINEERING, P.C. COLLIN CHRISTOVICH
violation of Section 7209, Subdivision 2 of the N.Y. Stale Eduention Law. Only copies AT 52 YORK AVeRM S4RATOGA SPRINGS, NY 1M
from the ariginoi of this a rvey marked with an original of the land surveyor's embossed I BARNEY ROAD • Sun 10
seal shall be considered to be valid copies. CU ON PARK. NY 12065 s
PRONE: (51e) 3e3-8001 PRAWN aY: EAC S.B.L./ I66.15-3-fi1 $GALE: 1.
In addiliF,, only copies from the original of this 5 rvey marked with an original & the land CHECKED BY: ACS CITY OF SARATOGA SPRINGS DWG. NO.: 6462A
urv¢yars signature ,n RED shall be considered to ube v.11d copies. _a(c)Izozs servo A.ao<ial,a P.c
DATE: 01/27/25 SARATOGA COUNm. HEW YORK REV.: I
9/14/25
1
Executive Summary
• Area is 10,901 ft2 vs 6,600 ftz UR-3 minimum
• Subdivision exactly in half yields two lots of 5,450 ftz (50 ft x 109 ft)
• Street access to both subdivided lots (York Ave and Middle Ave, respectively)
• Resulting lots would easily connect to existing sidewalks and utilities
• Consistent with the character of the neighborhood
To conserve, maintain, and encourage development � � the development of moderately dense single-family and
two-family neighborhoods"
• Creates additional housing in Saratoga's wonderful east side neighborhood
S2YORKAVI AREA VARIANCES FOR TWO LOT SUBDIVISION
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9/14/25
Variance Substantiality & Recent Precedent
Proposed L LIR-3 Min Proposed Relief Min LIR-3 Min Lot A; elief Min Lot
AwArea Area Area Width rLotWldth i Width
52 York Ave (2025) 16,600 5,450 1,150, 17% 160 50 10, 17%
124 York Ave (2016) 16,600 5,279 1,321, 20% 160 48 12, 20%
10 Avery St (2015) 6,600 6,400 200, 3% 60 50 10, 17%
Reasoning for relief granted in recent variances is consistent with 52 York Ave request:
Neighborhood which is 90% out of conformance with zoning requirements
Proposed lot sizes which are consistent with neighborhood character
Both subdivided lots have access to streets and available municipal water and sewer
Inability to purchase land from adjoining neighbors
Relief requested is not substantial and is consistent with precedent established by recently granted variances.
3
Variances Are Only Means To Achieve Subdivision
West
166.45-3-2
210-1 Family
Undersized
Undersized
Residential
36 ft
—3,500 ftz
East
166.45-3-7
280—Residential
Undersized
Undersized
Multiple
50 ft
—5,300 ftz
West #1
166.45-3-64
210-1 Family
Undersized
Conforming
Residential
49 ft
^7,800 ftz
West#2
166.45-3-4
220-2 Family
Undersized
Undersized
Residential
47 ft
—5,200 ftz
East
166.45-3-8
210-1Family
Undersized
Undersized
Residential
50 ft
—5,300 ftz
E
166.45
7 6"
�1, F
1 j sot
1& (pl. 37) G�
61 0
p _T (PI. 37)
s
1
a
OA
9/14/25
No Undesirable Change To Neighborhood Character
Studied 145 -
neighborhood '
properties to �10
determine the
"character of the p[[n
neighborhood
68% it e o, - e . •
5
No Undesirable Change To Neighborhood Character
6
M
9/14/25
7
Other Area Variance Considerations
• No, due to the minimal nature of the relief requested.
• Opportunity for positive effects, particularly on Middle Ave.
• While the alleged difficulty is technically self-created, please consider all information presented
as grounds to determine that such self -creation is not fatal to the variance application.
Appendix
10
9/14/25
Neighborhood Study
In assessing the merits of the requested relief, the applicants performed an exhaustive analysis of the properties within
approximately 700 feet of the Property to empirically determine the "character of the neighborhood" In all, the applicants
reviewed records for 145 properties' within the study area and the results are as follows:
1. Only 15 of 145 (10%) properties are conforming in both minimum lot width and area. This results in a non-conformance
rate of 90%.
2. Only 46 of 145 (32%) properties are conforming in minimum lot area. This results in a non-conformance rate of 68%.
3. Only 27 of 145 (19%) properties are conforming in minimum lot width. This results in a non-conformance rate of 81 %.
4. Lots with less than 5,450 sq. ft. (i.e., lot area after proposed subdivision) totaled 66. This means that 46% of the
neighborhood properties are smaller than the lots resulting from the proposed subdivision.
5. The most common lot width is 50 ft (i.e., lot width after proposed subdivision). 99 of the 145 properties in the study have
Lot widths that are 50 ft or less. This means that 68%of the neighboring properties are the same width or smatter than the
lots resulting from the proposed subdivision.
'The applicants have compiled data on 145 homes surrounding 52 York Avenue as demonstrative of the neighborhood in general. The properties examined
came from York Avenue, E Harrison Street, Middle Avenue, Nelson Avenue, Lake Avenue, Circular Street, North Street, and Warren Street. The minimum
width, lot area, and use were compiled and analyzed. The information was taken directly from municipal records on
httns://saratopa.sdr,,nys.com/search.asp , httr)s://st)ntigi.vlib.com/SiratopaMapViewer/, and tax maps.
I
Neighbor — York Ave — West
Tax ID
166.45-3-2
Owner
Stephanie Wronowski
Property Type
210-1Family Residential
Width
36 ft
Area
3,500 ftz
10
166.45
IPA 3]t
„
9
W
B
\
„u
5
9/14/25
Neighbor — York Ave — East
Tax ID
166.45-3-7
Owner
Kirk & Aleah Wendell
Property Type
280 —Residential Multiple
Width
50ft
Area
5,300 ft2
11
Neighbor — Middle Ave — West #1
Tax ID
166.45-3-64
Owner
Robert & Dawn O'Keefe
Property Type
210 — I Family Residential
Width
49 ft
Area
7,800 ft2
166.45
7
2
(p/. 37)
61
(pl, 37)
U-TrM
—mom
Am
12
166.45
(PI, 11,
PI_
6,
(P/. 37)
Yts!
i
9/14/25
Neighbor — Middle Ave — West #2
Tax ID
166.45-3-4
Owner
274-276 Nelson Ave LLC
Property Type
220 — 2 Family Residential
Width
47 ft
5,200 ft2
Area
13
Neighbor — Middle Ave — East
Tax ID
166.45-3-8
Owner
Joseph Saba
Property Type
210 — I Family Residential
Width
50ft
Area
5,300 ftz
14
166.45
7 Vs
(pl. 37)
61
(p'. 37)
166.45
(PI, 37)
7
9/14/25
15
16