HomeMy WebLinkAbout20200306 LaCoppola pool Application JFOR OFFICE USE1
CITY OF SAIATOGA. SPRINGS
` '
c 4
(Application#)
Hol1 - 474 6n»sd-wcuj �
11? �� S�nu�3o'S�r��� �Juw-Yor�1�z866
• -"o°= � 7�� 518-587-3550 �+z518-580-9480
(Datareccivco)0
'ne^,m
APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
AppucxwT(S)* OWNER(S)(If nor applicant) ATTORNEY/AGENT
Eric LaCoppola
Name
245 Woodlawn Avenue
Address
Saratoga Springs, NY 12866
Phone
olacnppo|a@macom
Email
*An applicant must be the property owner, lessee,or one with an option to lease or purchase the property in question.
Applicant's interest in the premises: Owner OLeoee U Under option to lease or purchase
PROPERTY INFORMATION
245 Woodlawn Avenue 165 28 1 4
I. Property Address/Location: Tax Parcel No.:
(for example: /6I52-4-J7)
UR-1
2. Date acquired by current owner: 3. Zoning District when purchased:
single family residential UR-1
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeabeen flIed for this property?
0 Yes(when? For what? ) i
bO No
7. Is property located within(check all that apply)?: D Historic District U Architectural Review District
0 500'of a State Park, city boundary, or county/state highway?
8. Brief description of proposed action:
request for variance to increase accessory structure area to allow for pool. A compliant pool had been proposed. Our
understanding had been the size of pool was limited by an existing utility easement. Upon successful reconfiguration of
easement,we were able to fit a larger pool and received permit from building department to install pool. Upon submission of
as-built survey, it was brought to our attention that the pool we had received a permit to install was not compliant with zoning
9. Is there a written violation for this parcel that is not the subiect of this application? 0 Yes IZ No
10. Has the work, use or occupancy to which this appeal relates already begun? ill Yes EI No
I I. Identify the type of appeal you are requesting (check all that apply):
0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION(p. 2) OUosVAmAwcs(pp. ]'6) IZAREA VARIANCE(pp. 6'7)
[
(
Revised oumm
ZONING BOARD OF APPEALS APPLICATION/lmM PAGE 2
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each requesbelnvv
O |nurpromdon $ 500
0 Use variance $1.000
171 Area variance
-Residential use/property: $ 200
-Non-residential use/property: $ 600
0 Extensions: $ 150
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? lnYes LJNu
4. If the answer to#3 is "yes,"what alternative relief do you request?0 Use Variance 0 Area Variance
EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
I. Date original variance was granted: 2. Type of variance granted? 0 Use 0 Area
3. Date original variance expired:
5. Explain why the extension is necessary.Why wasn't the original timeframe sufficient?
When requesting an extension of time for an existing variance,the applicanmust prove thathe circumstances upon which the original
variance was granted have not changed. Specifically demonstrate that there have been no significant changes on the site, in the
neighborhood, or within the circumstances upon which the original variance was granted:
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION/OaM 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".
I. That the applicant cannot realize a reasonable financial return on initial investment for any currently permitted use on the property.
"Dollars¢s" 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):
I) Date of purchasePurchase amount: $
2) Indicate dates and costs of any improvements made to property after purchase:
Dat: 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 01/2019
ZONING BOARD OF APPEALS APPLIG4TIONFOxM PAGE 4
B. Has property been listed for sale with LJYe, If"yes",for how long?
the Multiple Listing Service(MLS)? O |No
I)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 LJNo
If yes, describe frequency and name of publications:
3) Has the property had a"For Sale"sign posted on it? 0Yes 0 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 districwould not satisfy this requirement. This
previously identified financial hardship is unique for the following reasons:
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATIONRORM PAGE 5
3. That the variance, if granted, will not alter the essentiacharacter 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 applican (whether the property owner or one acting on behalf of the property
owner)cannot claim"unnecessary hardship" if that harship was created by the applicant, or if the applicanacquired 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 01/2019
ZONING BOARD OF APPEALS APPLICATIONfORM PAGE 6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
2.0 Base Zoning District:
The applicant requests relief from the following Zoning Ordinance article(s) Table 3:Area and Bulk
Dimensional Requirements From To
Maximum Building Coverage Accessory Building 8% 1V.2% (27.5%
increase)
Other:
To grant an area variance,the ZBA must balance the benefits to the applicant and the health,safety,and welfare of the neighborhood and
community,taking into consideration the following:
I. Whether the benefit sought by the applicant can be achieved by other feasible means. Identify what alternatives to the variance have
been explored (alternative designs, attempts to purchase land,etc.)and why they are not feasible.
This occurred as a result of a misunderstanding for what was preventing a larger pool from being installed. I understood we were
advised to install a 12 x 22 pool and thought that this was as a result of an existing easement In an effort to allow for a more
standard sized pool,we successfully negotiated an alternate easement location. Our belief that this understanding was for limiting
factors on the pool size was reinforced by the City issuing us a permit for installation of a 17'x 31'pool.
The pool was delivered as a single piece unit. We do not have the ability to modify this pool to be compliant with zoning.
A smaller pool would not support the desired use as both a lap pool for exercise and a recreational amenity for our family
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:
There are several homes in the neighborhood that have pools.
This is an established neighborhood that predates current zoning and as a result,there are many parcels that are not compliant
for principal and or accessory structure coverages
The pool is associated with a phvate, single family residence. The size of the pool has no impact on the occupancy or use of the
property and it is a permitted accessory use within the UR-1 district.
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATIONFORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
The lot remains compliant with respect 0zpermeability at+/-5.9OOof/40% (3OY6min)
The structure occurs entirely below grade resulting in no impact to the bulk of the structures on the site.
The relative size of this pool will have no effect on neighboring parcels as compared to smaller pools.
The size of this pool has no impact on routine maintenance or equipment needed to operate it as compared to a pool that would
have been compliant with zoning
4. Whether the variance will have adverse physical or environmental effects on neighborhood or district. The requested variance will not
have an adverse physical or environmental effecon the neighborhood or district for the following reasons:
The lot remains compliant with respect topermeability at+/-5.900sf/40Y6 (3OY6min)
The structure occurs entirely below grade resulting in no impact to the bulk of the structures on the site.
The relative size of this pool will have no effect on neighboring parcels as compared to smaller pools.
The size of this pool has no impact on routine maintenance or equipment needed to operate it as compared to a pool that would
have been compliant with zoning
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 wanot self-created:
The need for a variance request was self-created by a misunderstanding that the originally proposed pool size was in response to
an existing easement and not a city zoning ordinance for accessory structures.
We applied for and received a permit for this pool prior to purchase and installation. Had this non-compliance been identified at
'' ' ' - - '". - ability to rcqucst this vorioncc prior to inctallation or purchosc and install a pool
that was compliant with zoning. While it is understood that compliance with zoning is the responsibility of the property owner and
not that of the zoning enforcement officer or plan roviewer,the reality that we now have installed a pool that has resulted in a
non-conformance with zoning is a culmination of multiple misunderstandings and errors by multiple parties.
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATIONFOxM PAGE 8
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? 0 N []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.
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: Data
Owner Signature: Date:
[
Revised 01/2019
° '!',f-""I''' 9A L '! !, 1
I I
` 1
k - ''''-- ' 4' !
ia
gy P
m
1/4
0
la dir :
-4cille, ,
1
. e 41A
F
•
' ' '1,6 I ilk
ti
a_,
w
3
0 aO : 0
C N v
N Y a--1 U
0 0 _0O
d N 2
gyp. t0.
,
eyymmY
i
. ; ,.
rtYiu'
i ' t �( V it'..
$ 1i11�
I
: . i: 1.
1 11
::i
>I.® wi,-,r
E o O
o -c
c 4J
Q
Q) i h,0 >
> .. _
N
d N W
s
' Ic a
. ,
lli
i' F
h '
` n;i e ,' ;
,.. ®.. a I •4,o .
.
'r 1 it tom. iv
_ , ,;,^moi " •v�:�
1 •
9✓ Y *
•
•
•
1M m *ry
h
i lip 2"
4
LA, i',17-,
"
V.,'...1%
r
i IF
a
•,
•
•
W'k
I
�y
•
r ,"
M
i ..
lh
i
5-
5—
I
I 7O
W O^
> r
O '
Cl_0 O
•• f
......
',;....
, .
It .t.Al.L, f I
f _
V I
k.
, , , .,
lipare.4,„
,, 4,
.•
.,, 1.,V., - •,1
.. .,•.•
- ,
, .
_
. .
„
I
•
•
';•-••:te!i'f..,-";-:,' _ _, ,•,_.
,i."..5-4,-', •••," ,.
.." . ,
:%,,705„,_ .••,,
ir
' 0 '
•
.—
AVI
_
"1°Y
... _ . .
. . . .
'
_C
-I—,
=
I 0
Li)
(1) tao
.> C
- -
0
0_ 0
,1z 6z
a: u Q o ,, X a L17
co
a q am p� > '4 r 02 CV
c O
O U 6 5 �° 9
A2!;' .
h Fa
�
r, NN o $ o u m-E -\'', /,'>,,,....„;-..:5V
' L. „,� O z 1Ny,P . . Ee uw W a , - m _oJ .... t P.
.9.,I
o
vof
zm . Eli OA10. ;o g ^ di ap
ko Omd FX
cn
781
PE 'i 'F is z O oh is gN �I x�"m o .., 0 2 .,,,,:,
a
p
F hIL
g €ya o Fie < '"N IR [[�� w o OOFM1. WL" YeaP: < F N� Q�7`3 W r77m11 t g- !Iu!Q!aa. m ( `,S 00 %�a'8” 0 1 �.yF w o WawaS Cw 0 w0R 'm2' NE R 8 Na 2J IIa:g `�x gum cad E . �zww hod umI W d - Z O
� � � � b oao` .4'' ?o xi z
w �� 0 000 Ell z z Qa Nol PM �O.e 2.°`� W x m
A PAR z < m mT'�'s��o9 o a m
Oua ee`��N'a-a F
p ce U co F
3nN3AV
NM V7000M
punaJ adld uO 4 V puno adr m
.1,90'0 Al.,OZ,9£.£ON At O9 ,9f .O£5 1,60'0-3,°£,6Y..LYS .
0.00'99 ' m O
o O
cs 9,m I O A
to I � o
* 0, o
� 'i I 1 N z
'Z oN xaa P........3 Lo y,,M"-,B ,ii
;uaweso3 ay7•a;aa - h i I 4"6{o�+ ,.�
I I � gU 6' a
"l iV or<-Ln.... .1S - o --I 1 `a oz<'Q, W
CO W7 Ou/puo9,O£ y^I ,� a
a P 4aadPaeno0 '�?, 1 1 O `zo
0 `¢ y.S'3 h �/� .S'9l/ /////:/an, l o U 1 I U z
2� Bs 1 ��/ i it-S\
w 5 �5
m o � tary aa° ▪E I m
rn
0 0 � .zi
�H fsO L5 z
W 4` _F,6•t'Z ' $ �I:• '•IS�1 V R °��w zo
CEO v 0'Y„ a O !AMA u
o�% ^ n ao c m 11 [¢ >•�zp; 2 c$
W� 1/ _ o� I E �I a& Nob a WI d.az: ��a
aw7 JO 4PoN,CVO 6. of oi�-11 r Yl^ ouc 2Z of vSi0.Ua ZwUa1
punod adld uoq 1 m'';.-1 i..m m I r ma,' UOQ omC°d1 W Co
]4 p 0,.0'l:E ,SO v.1 a I aoe Fmk Yl xo
-�� u `amu a II I [meg �W ,,,,'d E BOO
vs ci 7.0 In In 1-4k: II 0, m F
II �1_ b ❑ ❑ ❑ I , E o X%SRw252 c°� �c
I mR zz�
,o , a o F..N..,a:z'I aI z oZAw
C Haus oIxk
3° � - S
�E a =o_ .2k.' i IVIO Nq
„ U[� O
m a��[��ii ooN�a
0 —a— I i l e v v �ZozEY
Y _-- --4-'—
Q W 404
FC w FFFF
C o4B oa Pod
-.J I lam q�� Z �a^a 0
1 ,Z'CZ� II gr mm
C,j �1 4gym Ili/10 ' ��// YjI� OOW Vw��� �50
OJ oI 'W' I's! °o.00iou/�uI — I O y� G{eW � �\x
.1 a O 3 a/fp hi I / xN J ?FinaGlddi�2
O C h N o1�j�m�/ Ilm �/- / ° N`o
2 ['9 - U �luawass3 JaxeS TatruOSAim/ �4
UQO �1 ❑ /a�wN d? ,./
/ / ❑ tot,,,, CW
c Vl hallL4 rood h , / Going.,epo:loots xZ�a a m
rl ❑ o
',K ei o . 'x.00 59 n a n 3.0g.9c.OFN fig;
Q tO U Wig
o e2 dS 05%.7V spaa0 JO 6611 )loog 6L1 .960d,1V spaa0 JO£861 )10067 .131
m Wo !Ui/oP H OUPOWDo '7 McJPuy PM�oO�W 7 eu/7sl�4J ago �
JO.1/N spool JO 4/N 5 597 Oso
x,
q