HomeMy WebLinkAbout20190500 Delarm Residence Extension 11-30-20 1.a
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RA lc° APPLICATION FOR: IlL
" "APPEAL TO THE ZONING BOARD FOR AN LELNI
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSIO
i NO V 3 ® 2020
APPLICANT(S)* OWNER(S)(/f not applicant) ATTORNE AGENT
Mary Beth Delarm 'Y- - __ --
Name
96 Quevic Dr.
Address Saratoga Springs, NY 12866
y/7 . A &'
518-`3800 '
Phone / / /
SaveRspace@gmail.com
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: 8 Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
96 Quevic Drive 190.8 5 5
I. Property Address/Location: Saratoga Springs, NY 12866 Tax Parcel No.: - -
(for example: /65.52–4–37)
9/9/2014 UR-1
2. Date acquired by current owner: 3.Zoning District when purchased:
Single Family Residence UR-1
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
®Yes(when?May 20,2019 For what? addition )
❑ No
7. Is property located within (check all that apply)?: 0 Historic District 0 Architectural Review District
0 500'of a State Park,city boundary,or county/state highway?
8. Brief description of proposed action:
Removal of Existing (1)story,2 car garage and replacement 2 story single family residential addition to allow for grade level
entry to living space. Project will also include addition of single car garage/storage along South side of new addition.Curb cut
zoning application.
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes ilNo
10. Has the work,use or occupancy to which this appeal relates already begun? 0 Yes 0 No
I I. Identify the type of appeal you are requesting(check all that app/y):
0 INTERPRETATION(p.2) la VARIANCE EXTENSION(p. 2) 0 USE VARIANCE(pp. 3-6) 0 AREA VARIANCE(pp.6-7)
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
❑ Interpretation $ 500
❑ Use variance $1,000
❑Area variance
-Residential use/property: $ 200
-Non-residential use/property: $ 600
O 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? DYes ❑No
4. If the answer to#3 is"yes,"what alternative relief do you request?❑ Use Variance 0 Area Variance
EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
6/8/2019 or
I. Date original variance was granted:7/9/2019 2. Type of variance granted? 0 Use 0 Area
3. Date original variance expired:
12/8/20 or 1/9/21
5. Explain why the extension is necessary.Why wasn't the original timeframe sufficient?
Almost all communication for the last 16 months has been nonexixtent from the architect/engineer originally hired.That,coupled with
Coviod,a moratorium,two deaths in applicant's immediate family and forced unexpected financial hardship as a result with expenses
exacerbating during 2020 beyond applicant's control are reasons for an extension of additional space needed.
•
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:
The city is welcome to visit applicant's house to see there has been no changes.
Revised 01/2019
z �
ZONING BOARD OF APPEALS APPLICATION FORM 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 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 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4
B. Has property been listed for sale with DYes If"yes",for how long?
the Multiple Listing Service(MLS)? [QNo
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? EYes DNo
If yes,describe frequency and name of publications:
3) Has the property had a"For Sale"sign posted on it? ❑Yes 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 district would not satisfy this requirement. This
previously identified financial hardship is unique for the following reasons:
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
Table 3:Area&Bulk
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements From To
Principal Building:Min.Yard Setback: Front 30.0' 19.0'
(11.0'setback variance=36.7%variance)
Principal Building: Min.Yard Setback: Right Side/South 12.0' 8.5'
(3.5'setback variance=29.2%variance)
Accessory Structure:Min.Yard Setback:Side(South) 5.0' 1.2'
(3.8'setback variance=76%variance)
Other:
Pool deck coverage within the main house coverage as it is attached.Pool&Shed coverage=6.0%<8%allowed
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.
a)The applicant requires living space on the grade floor for future accessibility needs. Renovating the existing garage within it's
footprint's difficult due to footer depth and minimal headroom. Removing the existing garage&rebuilding is more economical.
b)Shitting/relocating the addition towards the rear to allow for more tront setback encroaches on existing deck and pool.
Shifting the addition back would also require the removal of a very large tree in the rear yard which the owner would like to remain.
c)Removing the front covered stoop is possible but does not allow for guests to enter uncovered.
d)Relocating the stoop within the addition limits the useable space within the addition.
e)No additional land is available for purchase along the South side of the house.
f)The one car garage is designed at 12'width which is already narrow. Narrowing the garage further would not be usable.
g)The roof overhangs along the South side are depicted on the plot plan as 10"Instead of 12"'.
h)The tree house/shed has been pre-existing for many years with no complaints&recieved variance approval in 2016.
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:
a)The residence Location is pre-existing/non-conforming on the lot.The new additions visually align with the front of the existing
house with the exception of the covered stoop which will add aesthetic&function.
b) I he additions will be an upgrade trom the current condition of the residence. I he increased sq.tt.area of the residence will
increase the value of the home&neighborhood.
c)Keeping the additions towards the front allow for more green space in the back yard and more privacy for the neighbors.
d)The tree house/shed has been pre-existing for many years.The neighbors wrote a letter in 2016 that they had no issues if the
shed were kept&repaired.
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
a)The front setback proposed at 19.0'instead of 30'min.does result in a 11.0'variance,however,the existing house roof is
already at 22.8'.The difference is only 3.8'towards the front of the new covered stoop,which is minimum.The front setback
dimension to the new garage is approx.20'.The front setback to the new 2 story addition is 22',which is only 0.8'difference than
wit currently cxists.
b)The variance required for the tree house/shed side setback is substantial at 76%. However,the situation has been
pre-existing/non-conforming for many years with no complaints.
c)The property itself is"pie"shaped with angled side lot lines.The side setback requiring a variance at 8.8'is measured to the
proposed South West corner of the new garage.The South East corner of the new garage is proposed at 10.8'due to the
extending property lines, resulting in less of a setback variance.
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:
a)The resulting permeability for the overall project site will be well over the 30%min.permeability required.
b)Construction at the project site will improve the overall site conditions.
c)The project additions are sited to specifically try to keep the one large tree behind the proposed garage.
d)The proposedproject will not shade any adjacent neighbors.
e)The proposed project will have most of it's roof drainage in the East/West direction to limit drainage onto the neighbors lot.
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:
The alleged difficulty is self-created as it is the Home Owner's desire to stay in the home as she matures.She has been
diagnosed with various medical conditions which may require a future a need for a lift and the need for grade floor living. In the
mean time,the Home Owner will most probably have an elderly relative living with her who also requires grade elevation living.The
pre-existing/non-conforming front setback is not self-created.Also,the tree house shed was constructed by the previous owner.
Revised 01/2019
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ZONING BOARD OF APPEALS APPLICATION FORM 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 No 0 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: /07 v2C
(applicant signature)
Date:
(applicant signature)
If applicant is not the currently the owner of the property,the current owner must also sign.
Owner Signature: Date:
Owner Signature: Date:
Revised 01/2019
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: TAX PARCEL NO.: - -
PROPERTY ADDRESS: ZONING DISTRICT:
This applicant has applied to use the identified property within the City of Saratoga Springs for the following:
This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s)
.As such,the following relief would be required to proceed:
❑ Extension of existing variance 0 Interpretation
❑ Use Variance to permit the following:
❑Area Variance seeking the following relief:
Dimensional Requirements From To
Other:
Note:
❑Advisory Opinion required from Saratoga County Planning Board
ZONING AND BUILDING INSPECTOR DATE
Revised 01/2019