Loading...
HomeMy WebLinkAbout20250059 193 Lake Ave Area Variance Revised Application 1/23/2026Application ation ®f for Area Variance for Two -Family Dwelling (City ®f Saratoga Springs Zoning Board ®f Appeals Submitted January 20, 2026 Submitted By: Justin M. Grassi, ]Esq. Joiner Stever Grassi ]L]LP 68 West Avenue Saratoga Springs, New York 12866 Table ®f 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 RYWIRIT A 193 LAKE AVENUE TO PERMIT IT TWO-FAMILY Property and Project 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. A Special Use Permit was issued on October 10 1979 for use of the downstairs as "professional office". 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. Project 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 use it a second unit for a two-family residential use (the "Project"). Such second dwelling unit use is permitted in the UR-3 zoning district of the UDO subject to the dimensional standards set forth in UDO Article 3 Table 3-A. While the Project meets or exceeds most dimensional metrics, or the structures are pre-existing non -confirming in nature, it does require variance relief as set forth below: Required Proposed Ordinance Section 8,000 square foot minimum 7,096 square foot lot area Article 3 Table 3-A lot area One of the dwelling units The Applicant/Owner of the Property shall Article 8.4 (JJ) must be occupied by the continue to operate his law office out of the owner of the property. Primary Structure Variance Analysis Applicant believes the variances 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 currently 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. The requested area variances are not substantial as they constitute allowing a permitted two- family use with a marginal variation of the principal use. Put simply, the proposed second unit would be compliant with the UDO if the Applicant resided in the space his office is located and the lot were 12% larger. 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 a second dwelling unit on the Property. Dated: January 20, 2026 Res ectfully Submitted, Ju. in M. Grassi, Esq. Jones Steves Grassi LLP, Attorney for Applicant Rvhihi+ R **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** It -UK ul-hlGt UStI CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 -.' TEL: 518-587-3550 X2533 www.sarataga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION (Application #) (Date received) (Project Title) Check if PH Required Staff Review APPLICANT(S) OWNERS //fnot applicant) ATTORNEY/AGENT Name 193 Lake Avenue LLC (Scott M. Peterson) Justin Grassi Address 193 Lake Avenue Saratoga Springs, NY 12866 68 West Avenue Saratoga Springs, NY 12866 Phone / / (518) 587-0800 / JGrassi@saratogalaw.com Email Primary Contact Person: Applicant Owner QAttorney/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: m Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 193 Lake Avenue, Saratoga Springs 166 46 3 21 1. Property Address/Location: Tax Parcel No.: - (for example. /65.52 — 4 — 37) 11 /30/2020 2. Date acquired by current owner: 3. Zoning District when purchased: Converted Residential Urban Residential - 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? ) m No 7. Is property located within (check all that apply)?: ❑ Historic District m Architectural Review District m 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: Conversion of the existing historic carriage house on the property into second dwelling unit. Requires two variances, one for minimum lot size where 7,096 exists and 8,000 is required and one from requirement that owner occupies a residence where owner occupies law office of principal structure. 9. Is there an active written violation for this parcel? ❑ Yes Ed No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes O No 11. Identify the type of appeal you are requesting (check al/ that apply): ❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) EA AREA VARIANCE (pp. 6-7) Revised 01/2021 ZONING BOARD OFAPPEALSAPPL/CATION FORM PAGE 2 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? MYes ❑No 4. If the answer to #3 is "yes," what alternative relief do you request?[] 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 ❑ 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 ZONINGBOARD OFAPPEALSAPPLICAT/ONFORM PAGE 3 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: 5) Annual income generated from property: 6) City assessed value: $ 7) Appraised Value: Appraisal Assumptions: Revised 01/2021 4) Annual taxes: $ Equalization rate: Estimated Market Value: $ Appraiser: Date: ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 4 B. Has property been listed for sale with DYes If "yes", for how long? the Multiple Listing Service (MLS)? UNo 1) Original listing date(s): Original listing price: $ If listing price was reduced, describe when and to what extent: 2) Has the property been advertised in the newspapers or other publications? ❑Yes ❑No If yes, describe frequency and name of publications: 3) Has the property had a "For Sale" sign posted on it? EDYes ❑ 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 01/2021 ZONING BOARD OFAPPE,4LSAPFLIG4TION FORM 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 for which the applicant is seeking relief. The hardship has not been self-created for the following reasons: Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATIDN FORM PAGE 6 AREA VARIANCE- PLEASE ANSWER THE FOLLOWING (add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Article 8.4, Principal Use Def Dimensional Requirements District Requirement Requested Subsection GG Dwelling - Historic Carriage House/Barn "Conversion of a historic carriage house or barn into a dwelling is only allowed on a lot with no . cinal -family dw Ilino" "One of the dwelling units must be occupied by the owner of the orooertv" Other: See Attached Narrative See Attached Narrative 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 ZONING BOARD OFAPPE4LSAPPL/CAT1oN FORM PAGE 7 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 Revised 01/2021 ZONING BDARD OFAPPEALSAPPL/CAT/ON FORM DISCLOSURE PAGE B 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. Scett� �et�a�� Date: (applicant signature) Date: (applicant signature) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature: Revised 01/2021 Date: Date: CITY OF SARATOGA SPRINGS r ZONING BOARD OF APPEALS ' t i Gi�fy Ha(,L - 474 (3raa.d way ` SarafvgaSpri "y, Nev,-York)12866 Tet. 518-587-3550 ?CZ533 "'ORATEO www-sara�vga-Spi,c�korg INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS 1. ELIGIBILITY: To apply for relief from the City's Zoning Ordinance, an applicant must be the property owner(s) or lessee, or have an option to lease or purchase the property in question. The Zoning Board of Appeals (ZBA) shall not accept any application for appeal that includes a parcel which has a written violation from the Zoning and Building Inspector that is not the subject of the application. 2. COMPLETE SUBMISSIONS: Applicants are encouraged to work with City staff to ensure a complete application. The ZBA will only consider properly completed applications that contain 1 origi'nal and 1 digital version of the following: ❑ Completed application pages I and 8, the pages relating to the requested relief (p. 2 for interpretation or extension, pp. 3-5 for use variance, pp. 6-7 for area variance), and any additional supporting materials/ documentation. "HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" ❑ Completed SEQR Environmental Assessment Form — short or long form as required by action. http://www.dec.ny.gov/docs/permits_ej_operations_pdf/seafpartone.pdf ❑ Detailed "to scale" drawings of the proposed project — folded and no larger than 24"x 36". Identify all existing and proposed structures, lot boundaries and dimensions, and the relationship of structures to the lot dimensions. Also, include any natural or manmade features that might affect your property (e.g., drains, ponds, easements, etc.). ❑ Photographs showing the site and subject of your appeal, and its relationship to adjacent properties. 3. APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance". REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT. Check City's website (www.saratoga-springs.o) for meeting dates. Revised 01/2021 ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE 2 PUBLIC HEARING ADVERTISEMENT The Zoning Board of Appeals is required to hold a public hearing on each submitted application within ninety (90) days from when it is determined to be properly complete by City staff. City staff will prepare a legal notice for the public hearing and arrange to have the public hearing announcement printed in the legal notice section of a local publication at least 5 days before the hearing. PROPERTY OWNER NOTIFICATION Applicants are required to mail a copy of the public hearing legal notice to all property owners within the following distances from the boundaries of the land in question: Type of variance Distance for property owner notification Use variance 250 feet Area variance & Interpretation 100 feet This notice must be sent at least 7 days but not more than 20 das before the date of the public hearing. City staff will email a copy of the "property owner notification letter" to the applicant. The applicant must then send the notification letter to the nearby property owners. Applicants may not include any other materials in this mailing. The mailing must be certified by the U.S. Post Office. Prior to the public hearing, applicants must present the Post Office "certificates of mailing" to the ZBA. If "certificates of mailing" are not presented prior to the hearing, the hearing will be cancelled. Revised 01/2021 City of Saratoga Springs OFFICE OF PLANNING AND ECONOMIC DEVELOPMENT FEES - 2026 Application to City Council FEE Comprehensive Plan Amendment $1,800 + $300/acre Zoning Ordinance Amendment $800 + $300/acre Planned Unit Development (PUD) Amendment $800 + $300/acre Application to Zoning Board of Appeals FEE Use Variance $1,400 +$75/app Area Variance - Residential (1 & 2 Family) $350/1st var+ $75/app + $150/ea add variance Area Variance - 3+ Family and Commercial $1,000/1st var + $75/app + $200/ea add variance Interpretations $650 + $75/app Post Work Application Fee Application Fee x2 + $75/app Variance Extensions 50% of Application Fee + $75/app Demolition $500 Residential Structures — 1 or 2 Family Principal or Accessory Structure Materials Change - roof, windows, siding $75 Fagade Change - removal/addition of windows, doors, porch $150 Addition or new construction $300 Approval Extension 50% of Application Fee 3+/Multi-Family, Comm Mixed -Use Principal or Accessory Structure Equipment Install or Materials Change - roof, windows, siding, paint color $150 Signs, awnings $150 Fagade Change - removal/addition of windows, doors, porch $300 Addition or new construction $650 Approval Extension or Modification 50% of Application Fee Post Work Application Fee Application x2 to Special Use Permit Temporary Use Permit Special Use Permit - Extension Special Use Permit- Modification Site Plan Review - incl. PUD Sketch Plan Site Plan Full Residential Non -Residential / Mixed -use Administrative SPR Residential Non -Residential / Mixed -use Extension Residential Non -Residential / Mixed -use Subdivision - incl. PUD Sketch Plan Preliminary Approval Residential: 1-5 Lots Residential: 6-10 Lots Residential: 11-20 Lots Residential: 21+ Lots Residential - Extension Final Approval Residential Non -Residential Final Approval Modification Residential Non -Residential Final Approval Extension Residential Non -Residential $500 $400 $550 + $75/app $400 per sketch $400 + $250/unit $800 + $150/1,000 sf (Non -Res) + 250 unit (Res) $400 $800 $250 $350 $400 per sketch $700 + $75/app $1,100 + $75/app $1,450 + $75/app $1,800 + $75/app $350 $1,550 + $200/lot + $75/app $2,400/lot + $75/app $400 + $75/app $800 + $75/app $250 $350 Subdivisions and Site Plans are subject to Engineering Review- See DPW Fees c.,i,..:b.:a n Short Environmental Assessment Form Part 1- 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: 193 LAke Ave Two -Family 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 second dwelling unit on the property by converting existing barn into dwelling unit. Name of Applicant or Sponsor: Telephone: (518) 587-0080 E-Mail: jgrassi@saratogalaw.com Justin Grassi Address: 68 West Avenue City/PO: State: Zip Code: Saratoga Springs INew York 112866 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that El 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 1 of 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES I 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 ❑ ❑ ❑ ❑✓ ❑ ❑ 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 ❑ ❑✓ 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 ❑ 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 ✓❑ ❑ 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 ❑ ❑ ❑ ❑ ❑ 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 7 ❑ .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 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicants onssor/name: Justin Grassi Date: 12/30/24 1 I Signature: , Title: Attorney For Applicant PRINT FORM I Page 3 of 3