HomeMy WebLinkAbout20190071 Stellato Residence Updated Application Stellato Residence—148 Woodlawn Avenue
Area Variance Application Supplement
Novem ber 11, 2019
This area variance application supplement considers alternatives to the project and proposes revisions to
reduce the relief requested to the minimum that is required to mitigate the practical difficulties faced by
the applicants.
Principal Structure:
The practical difficulties that the applicants seek to mitigate are:
1. The existing grade varies from front to rear of the house such that finished grade at the rear is at
basement level. The existing basement stair serves as the primary means of ingress and egress to
the residence, and during inclement weather, it is the only passable path from the garage to the
house. It is unsafe due to its steepness and narrowness,and there is not even sufficient width for
the installation of a handrail. There have been multiple falls by family members on these existing
stairs. Rebuilding this stair would require significant structural modifications to the house, and
would require a new framed opening in the floor of the kitchen that would consume the existing
half bath and a significant area of the kitchen, making this infeasible. Replacement of the existing
basement stair is an immediate and critical need for the health and safety of the applicants.
2. There is no bathing/showering facility on the first floor of the house,and there is insufficient space
to add a tub/shower to the existing half bath. Access to a tub/shower on the first floor is necessary
to allow for use by a mobility impaired person.
3. An existing deck at the rear of the house provides a 15' x 12' area for the applicants to use as an
outdoor dining area. The deck floor is one story above grade, and connects to the kitchen on the
main level (first floor) of the house. Elimination of the deck in favor of an at-grade patio would
require food and dishes to be carried up and down stairs between the kitchen and the table, and
the applicants feel this is not practical for their elderly family members, nor will it be for them as
they get older.
The applicants have considered several alternatives to mitigate the practical difficulties, and have
progressively reduced the scale and function of the proposed principal structure addition over the course
of this application. The applicants have determined that there is no feasible alternative to building an
addition to mitigate the practical difficulties described in#1 and#2 above. The current plans propose the
minimum addition necessary. With regard to the practical difficulty described in#3 above,the applicants
have considered reducing the size of their deck from 15' x 12' to 11'-10" x 12'. This allows them to still
have a small outdoor dining table, although it will not accommodate larger family meals. By making this
concession,the area of the proposed addition including the deck will not cause the principal structure lot
coverage to exceed 30 percent, and therefore no variance is required for the principal structure. A red-
line markup of the 9/5/2019 floor plan and east elevation prepared by Dreamscapes Unlimited is attached
to illustrate the revision.
The applicants respectfully request acknowledgement from the ZBA that no area variance is needed for
the principal structure, and that a building permit application may be submitted at this time for that part
of the project.
Stellato Residence November 11, 2019
Area Variance Supplement Page 1
Accessory Structure:
The practical difficulties that the applicants seek to mitigate are:
1. The applicant's existing driveway on Long Alley cannot be used for six months out of the year due
to black walnut trees that line the driveway. There are five black walnut trees contributing to this
difficulty, and only one is partially on the applicants' property and controlled by the applicants.
The walnuts approximate the size and weight of a golf ball. They fall in quantities of hundreds per
day during the peak season. Falling walnuts pose a serious a human safety hazard, and they have
caused significant property damage to the applicants'vehicles.
2. 148 Woodlawn Avenue has no driveway or off-street parking on Woodlawn Avenue. The off-
street parking for this home is accessed from Long Alley. It includes two spaces in the driveway
described above,and two garage spaces,also accessed from the alley,for a total of four off-street
parking spaces. However, as described above, only two spaces are useable for six months out of
the year. Applicant has five registered vehicles,two of which are classic cars that require storage
in the heated garage. This leaves three vehicles on the street during black walnut season.
3. Because of the alternate side parking regulations on Woodlawn Avenue, residents must have
access to long-term off-street parking if they ever plan to be away from their home overnight
without taking all of their vehicles with them. For any family with more than even one vehicle,
leaving town as a family for as little as an overnight is an impossibility without available off-street
parking. Having use of the driveway is an absolute necessity to the applicants.
4. The existing garage is two cars wide (24') by almost two cars deep (32'). It would require only a
minor bump-out in the rear to allow it to accommodate four vehicles instead of two, but it will
not accommodate more than two in its present configuration. As it relates to vehicle storage,
more than one-third of the existing garage floor area is wasted space.
5. There is an existing covered deck and stair on the south side of the accessory structure, providing
the only access to the second floor. The posts supporting the deck are located 8'from the existing
garage. This is too narrow to use the existing under-deck area as covered (protected) parking.
6. The existing deck and stair are unattractive and poorly constructed. They are not original to the
building, and they significantly detract from the aesthetics of the existing carriage house,which is
one of the older buildings on Long Alley, dating back to around 1880, or possibly earlier. Built at
least 15 years prior to even the main house on this property, it is rich in architectural character
and history, originally serving as the shop and residence of Saratoga Springs stair maker Bronson
Vaughn. The applicants desire to restore the exterior of the carriage house, but must first
mitigate the poor aesthetics and construction quality of the existing deck and stair.
7. There are existing issues with the garage foundation on the south and west sides, causing runoff
to enter the garage along these walls during rain events. The foundation walls need to be
extended vertically, and the exterior needs to be graded to drain away from the walls. The
applicants wish to address this issue during the carriage house renovations, and this work will be
much easier to complete when the addition is being constructed along those walls.
8. The existing accessory building was non-compliant at the time the local zoning law was adopted.
Specifically,the setbacks and lot coverage do not meet the requirements of the zoning ordinance.
The existing lot coverage is 17.54 percent, which significantly exceeds the zoning ordinance
maximum of 10 percent. The building does not appear out of context in its surroundings, since
the lot area and width are double that of many of the neighboring properties. However, the
existing non-conformities appear significant in the context of the current local law, and present
an obstacle to moving forward with any renovation project.
Stellato Residence November 11, 2019
Area Variance Supplement Page 2
The applicants have considered several alternatives to mitigate the practical difficulties, and have
progressively reduced the scale and function of the proposed accessory structure addition over the course
of this application. The applicants propose to even further reduce the size of the addition as follows:
1. Previous applications have proposed an 8' deep bump out on the rear of the garage for the full
24'width of the building to provide an overall exterior dimension of 40' and an interior depth of
38'. The applicants propose that the rear bump out can instead follow the footprint of an existing
concrete foundation attached to the rear of the garage that physical evidence suggests was part
of a previously demolished bump out. The existing wall configuration provides for a bump out
that would be 5' deep by 23'wide. This will increase the interior depth of the garage to 35'. The
longer of the two classic cars, a 1957 Ford Fairlane, has an overall length of 17.3'. Allowing 1' of
clearance at the front and rear of the garage for wall clearance and 18 inches between the Fairlane
and a second car parked in front of it, 14.2' of space remains. This is the minimum amount of
space that will accommodate a compact car. (The smallest of the applicants'other three cars is a
Mini Cooper,which is 14.1' long.)
2. The applicants have worked to further reduce the footprint of the proposed carport and stair
addition. The applicants' revised plan pulls the top of the stair into the footprint of the deck to
leave the minimum code required space for a landing at the second floor. The depth of the
proposed deck has also been further decreased to less than the existing deck footprint. The deck
support columns have been pushed out 4' further from the existing column locations without
increasing the deck width. The carport roof extends (but not the deck) to these outer support
columns. This allows sufficient width to park one car under the deck, and it produces a compact
and attractive design.
The resulting plan reduces the proposed accessory building lot coverage from 23.1 percent as previously
proposed to 21.3 percent. The applicants submit that this is the minimum relief that can be sought to
reasonably mitigate the practical difficulties described above. It will provide off-street parking for the
applicants' five registered vehicles without subjecting the applicants to potential physical damage when
parking or subjecting their vehicles to property damage. It also represents a significant aesthetic
improvement to the property and the neighborhood.
Revised floor plans and building elevations are attached to illustrate the revision. Detailed construction
plans will be prepared by Dreamscapes Unlimited if the requested relief is granted.
A revised bulk & area schedule is also attached. It demonstrates that in addition to the existing non-
conformities that were present at the time of the adoption of the zoning ordinance, the revised project
will require one area variance — an increase in accessory structure lot coverage. The zoning ordinance
limits this coverage to 10 percent. The applicants seek relief to increase the non-conformity from 17.5
percent (existing condition)to 21.3 percent.
Stellato Residence November 11, 2019
Area Variance Supplement Page 3
Habitable Space in an Accessory Structure:
To address some previous questions regarding the existing habitable space on the second floor of the
accessory structure, the applicants have indicated based on information and belief that this use existed
prior to July 6, 1961, and it therefore predates the Zoning Ordinance. The applicants acknowledge that a
review of Zoning Ordinance Chapter 5 — Nonconforming Uses, Structures and Lots is appropriate to
determine how the requested relief may be granted. The applicants respectfully submit the following
analysis of Chapter 5 for consideration by the ZBA:
5.1—Intent:This section indicates the intent of Chapter 5 is to"set forth the conditions under which uses,
structures and lots,that do not conform to the requirements of this Chapter, but which were lawful prior
to the effective date of those requirements, may be continued, repaired, rebuilt, expanded or modified."
5.1(B) states that any lot, structure or use that was in violation of the Zoning Ordinance prior to its
adoption shall not be regarded as lawfully non-conforming. Although the converse is not specifically
stated, it logically follows that if the lot,structure or use was not in violation at the time of adoption,then
it is considered a lawful non-conforming use. The history and physical evidence collected by the applicants
overwhelmingly support that the use of the second floor of the carriage house as habitable space existed
long before 1961, and that it is therefore a lawful, non-conforming use. A condensed list of some of the
evidence includes the following:
• Old city directories show the address of Bronson Vaughn (the carriage house's earliest known
occupant)as 146%Long Alley before the main house was built. Directories also indicate boarders
living on the property during the tenure of the original home-owners,John and Carrie Welch.
• The sewer lateral from the main house(built in 1898)runs under the carriage house and connects
to the original carriage house sewer lateral instead of directly to the alley. TV inspection shows
the sewer lateral under the carriage house is a different material and appears older than the
house lateral. The carriage house clearly had plumbing before the main house.
• There are records in the Building Department files that indicate the carriage house's present 150A
electric service was installed with the Building Department's knowledge and oversight in 1982.
There are physical remnants from the previous electric service,and remnants of even earlier knob
and tube wiring exist in the second-floor walls and ceiling. All of the physical evidence supports
that the carriage house had a dedicated and substantial electric service capable of supporting the
residential-level demands of habitable space before 1961.
• The HVAC system on the second floor appears to date to the 1980's. It replaced electric
baseboard heaters of a much earlier vintage which are still mounted to the walls but are no longer
connected to power. It is believed that the old electric heaters were installed to maintain the
habitability of the second floor when the original chimney was removed. The chimney is believed
to have been near the center of the structure. It was presumably damaged as the structure
progressively settled differentially toward the street. The chimney was subsequently removed,
and the structure was reinforced to correct the settlement issue, although the date of these
repairs is undocumented.
• The original construction of the ceiling in the garage reveals particular effort was made to
separate it from the habitable space on the second floor.
5.2 — Determination of Conformity: This section places with the Zoning Officer the responsibility for
making a written determination of conformity ("whether a particular use, structure or lot is conforming
or non-conforming"). The applicants acknowledge that the accessory structure use is non-conforming.A
determination by the Zoning Officer is not necessary.
Stellato Residence November 11, 2019
Area Variance Supplement Page 4
5.3.2—Discontinuance (of non-conforming uses):This section states that "a non-conforming use shall be
deemed discontinued if it is not operated for at least thirty(30)days in a calendar year and any future use
of the property shall conform to this Chapter." The term "operated" is not defined in the ordinance, but
based on other non-conforming uses in this neighborhood, it does not appear that the City has ever
interpreted it such that any vacancy exceeding 30 days (such as vacancies between ownership transfer)
would be deemed as discontinuance of a use. It is only reasonable to conclude that the habitable space
on the second floor of the carriage house has been transferred from owner to owner over the years, and
this space was available for use as habitable space by each. Tenancy by a separate occupant is not
necessary to prove that the space has been continuously habitable. Nor is a record of how each owner
used the space. It only matters that the space was habitable before 1961,and it was continuously part of
the property that each owner acquired and occupied since then. Because the space was habitable before
detailed record keeping existed,there is no more definitive way to demonstrate continuity of use. It also
follows that absent any records indicating the use was changed,continuity of the previous use from owner
to owner is reasonably inferred.
5.3.4—Extension or Expansion of Use:This section would apply to an application seeking to expand a non-
conforming use. The applicants are not seeking to expand the non-conforming use or even the part of
the structure that contains it. Rather, the applicants are seeking to expand part of a structure, another
part of which contains a non-conforming use. The applicable section for this application is therefore 5.4.4.
5.4.3— Renovation, Alteration or Repair: This section provides that a non-conforming structure may be
altered within its present dimensions. This is important in evaluating the amount of relief requested,and
it sets a baseline from which the ZBA may evaluate whether the relief is substantial and/or comparable to
the amount of relief granted in other applications. In this application, the applicants are requesting an
increase in the accessory building coverage to 21.3 percent from an existing coverage of 17.5 percent,or
an increase of 3.8 percent.
5.4.4 — Extension or Expansion of Structure: 5.4.4 (A) provides for expansion of a non-conforming
structure that does not violate any dimensional requirements other than the current non-conformity. In
this application, there are no new area variances requested. The only additional relief sought is the lot
coverage percentage of the accessory structure. 5.4.4(6) provides that the mechanism for obtaining the
requested relief is through an area variance granted by the ZBA.
Stellato Residence November 11, 2019
Area Variance Supplement Page 5
Stellato Residence Addition Bulk and Area Summary
Revised 11/11/19
AREA CALCULATIONS
Description Length(FT) Width(FT) Area(SF)
Lot Area 130 50 6,500.0
Existin�Buildin�Footprint
Principal Building (see attached plan for calc) 1,748.0
Accessory Building (see attached plan for calc) 1,140.0
Proposed Buildin�Footprint
Principal Building(Existing+Addition) (see attached plan for calc) 1,949.9
Accessory Building(Existing+Addition) (see attached plan for calc) 1,385.0
Existin�Impervious Footprint
Principal Building 1,748.0
Accessory Building 1,140.0
Patio 12 20 240.0
Sidewalk 90 3 270.0
Driveway 35 21 735.0
Total Ex.Impervious Area 4,133.0
Existing Permeable Area 2,367.0
Existing Percent Permeable 36.4
Proposed Impervious Footprint Length(FT) Width(FT) Area(SF)
Principal Building 1,949.9
Accessory Building 1,385.0
Sidewalk 90 3 270.0
Driveway 8 20 160.0
Driveway 15 9 135.0
Proposed Impervious Area 3,899.9
Proposed Permeable Area 2,600.1
Proposed Percent Permeable 40.0
BULK&AREA SUMMARY
Description Required Existing Proposed Variance
Min.Lot Size/2-Units(SF) 8,000.0 6,500.0 * No Change
Min.Avg.Lot Width(FT) 80.0 50.0 * No Change
Max.Principal Building Coverage(%) 30.0 26.9 30.0
Max.Accessory Building Coverage(%) 10.0 17.5 * 21.3 3.8 **
Principal Buildin�Setbacks(measured from roof overhan�)
Min.Principal Bldg.Front Setback(FT) 10.0 1.5 * No Change
Min.Principal Bldg.Rear Setbacl<(FT) 25.0 77.0 50.0
Min.Prin.Bldg.Left Side Setback(FT) 4.0 0.5 * No Change
Min.Prin.Bldg.Right Side Setback(FT) 4.0 14.5 No Change
Min.Prin.Bldg.Total Side Setback(FT) 12.0 15.0 No Change
Min.Prin.Bldg.1st Floor Area/2-sty(SF) 800.0 1,748.0 1,949.9
Max.Principal Building Height(FT) 60.0 36.7 No Change
Min.Distance From Accessory Bld�.to(measured from roof overhan�,unless noted):
Principal Building(measured wall to wall,FT) 5.0 35.5 13.0
Front Line(FT) 10.0 97.0 92.0
Left Side Line(FT) 5.0 3.5 * No Change
Right Side Line(FT) 5.0 20.0 7.0
Rear Line(FT) S.0 0.0 * No Change
Minimum Percent Permeable(%) 25.0 36.4 40.0
*Indicates existing non-conformity
**Variance from existing baseline
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