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Home My WebLink About20200764 Shepanzyk New Single-Family Revised Application � ��#-��r_� C I TY OF SARATOGA S PRINGS .��'� j} .��.� .�.��" i Yi�.J ` �`� � '.;. �, ZONING BOARD OF APPEALS � .��. '''� �� ,—�a ,� w� �:J'_ ♦ �� __�, . � C''�J Ha.(,(, - �f-7�f- f3�o-ao(�v-a J �1 �., . ' �' Sa-r�a�-9a�S�i.,r�.9y� N e�nr Yo-�k��z 8�� ' .��. ; . ., ��`::^�:;q�;,,_.-.�,��,� � � Te.L: S�8—587-3SS0 f�v: S�8—580-9480 . - � n,,L��f�� .�� }.�;�T�.� I NSTRUCTIONS APPEAL TO TH E ZON I NG BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS I. 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 workwith City staff to ensure a complete application.The ZBAwill only consider properly completed applications that contain I ori�inal and I di�ital 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://v��nrwv.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". Fees are cumulative and required for each request below. ❑ I nterpretation $480 ❑ Use variance $I,000 � Area variance - Residential use/property $175 - Non-residential use/property$600 ❑ Extensions $150 SUBMISSION DEADLINE: Checic City's website (v�✓ww.saratoga=sprin�s�g) for application deadlines and meeting dates. Revised 03/2018 ZON/NG BOARD APPEAL APPLICA T/ON/NSTRUCT/OIVS PAGE Z 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 Sarato�legal notices at least 5 days before the hearing. Applicants must pay The Sarato�for the legal ad and present proof of payment to the ZBA prior to the public hearing. If proof of payment is not presented prior to the hearing, the hearing will be cancelled. 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 & I nterpretation I 00 feet This notice must be sent at least 7 days but not more than 20 days 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 12/2015 ��;�-��+_� �FOR OFFICE USE] ��-�� CITY OF SARATOGA SPRINGS ., I �: .� � �` ❖ `�°�'' _ ,�. '" :��- (Application#) � _; , - x�� C''�i�y Ha.(,(, - �f-74 f3�o-a.o(�� _. . _ .. . � � �� -.i� �: �.� . Sa.�a�-o-9a S�i.,v�.9y, N e�w�Yo-�k��z g�� i f� �;•^ .a. �,.., 41 yu }. P '� i�l�y;�..+l�x;r�';.�,.' �h Te.L: S�8-587-3SS0 f�w S�8-580-9480 ��,� ��'i (Date received) �'��,�� APPLICATION FOR: APPEAL TO THE ZONING BOARD FORAN I NTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)� OWNER(S) �/fnot applicant� ATTORNEY/AGENT Matthew and Meghan Shepanzyk Same Studio A Landscape Architecture+Engineering,DPC Name 410 Canada Street PO Box 272 Add ress Lake George, NY 12845 Saratoga Springs. NY 12866 (516)459-3254 (518) 832-4005 Phone mshep1279@gmail.com kcatellier@studioadpc.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: 0 Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 11 Pine Alley 165 43 2 24.2 I. Property Address/Location: Tax Parcel No.: - - (for example: 165.52—4—37) April 7, 2020 UR-3 2. Date acquired by current owner: 3.Zoning District when purchased: Residential U R-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? ) 0 No 7. Is property located within (checic all that apply)?: ❑ Historic District ❑Architectural Review District ❑ 500'of a State Parlc, city boundary, or county/state highway? 8. Brief description of proposed action: Construct a two-story, single-family residence on a 1,727.98+/-square foot parcel.The building footprint is proposed to be 16'X 24'.Two parkina�spaces will be developed.A 16'X 24' barn on an adjacent lot owned by the applicant will be razed. Stormwater management practices will be installed where none exist today. The lot will be landscaped and buffer plantings will be installed. 9. Is there a written violation for this parcel that is not the subject of this application? ❑Yes � No I 0. Has the worlc, use or occupancy to which this appeal relates already begun? �Yes e No I I. Identify the type of appeal you are requesting (check all that apply): ❑ INTERPRETATION�p. 2� ❑VARIANCE EXTENSION �p. 2� ❑ USE VARIANCE�pp. 3-6� 0 AREAVARIANCE�pp. 6-7� Revised 12/2015 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE Z FEES: Malce checics payable to the"Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $ 480 ❑ Use variance $I,000 0 Area variance -Residential use/property: $ 175 -Non-residential use/property: $ 600 ❑ Extensions: $ 150 INTERPRETATION—PLEASE ANSWERTHE FOLLOWING(add additional information as necessary): I. Identify the section(s)of the Zoning Ordinance for which you are seelcing 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? �Yes ❑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): I. 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 03/2018 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE.3 USE VARIANCE—PLEASE ANSWERTHE 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,NewYork 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&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): 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 Marlcet Value:$ 7)Appraised Value: $ Appraiser: Date: Appraisal Assumptions: Revised 03/2018 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 4 B. Has property been listed for sale with ❑Yes If"yes",for how long? the Multiple Listing Service(MLS)? [�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? pYes ❑No If yes, describe frequency and name of publications: 3) Has the property had a"For Sale"sign posted on it? �Yes ❑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 relatin� 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 03/2018 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE S 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 alle�ed 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 Icnowing(or was in a position to Icnow)the conditions for which the applicant is seeking relief.The hardship has not been self-created for the fol lowi ng reasons: Revised 03/2018 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): Table 3-Area and Bulk The applicant requests relief from the following Zoning Ordinance article(s) Reaulations for UR-3 zone�isfri�t Dimensional Requirements From To Minimum Lot Size (Square Feet) 6,600 1,727.98 Minimum Average Lot Width (Feet) 60 22 Minimum Front Yard (Feet) 10 3 Minimum Rear Yard 25 10.5 Minimum First Floor Area(Square Feet) 800 384 Side Yard Setback 7 0 Other: None. 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,talcing 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. Between applying the required front and rear yard setbacks to the lot, there is no area remaining to site a building. This is due to the irregular triangular shape of the lot. No other lands adjacent to the site are available for purchase. While the applicant owns 108 Clinton Street adjacent to 11 Pine Alley, 108 Clinton Street is already non-conforming in that it does not have the minimum lot size for a two-family residence. Any use of 108 Clinton Street for this application would make 108 Clinton Street more non-conforming. 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: The applicant owns 108 Clinton Street on which a two-family residence and vacant, dilapidated 16'X 24' barn exists. The applicant proposes to raze the barn. The proposed new residence on 11 Pine Alley is a 16'X 24'two-story, single- family residence and will be identical in footprint to the razed barn. This is essentially replacing the old barn with a new structure identical in size. The new residence is designed to be compatible with other structures in the vicinity. It is architecturally detailed and will improve the visual character of the area. This is a positive impact on the neighborhood. Revised 03/2018 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: While the requested variances appear to be substantial, they are not since the proposal is to remove a dilapidated, vacant barn that is already on a non-conforming lot, thus making it more conforming and transferring the identical size building to the adjacent lot which will require variances. 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: The proposed variances will actually produce a positive physical and environmental effect on the neighborhood in that a vacant, dilapidated barn will be razed and a new architecturally designed residential structure will be built, thus improving the visual character of the area. Stormwater management practices will be installed where none exist today. The lot(s)will be landscaped and buffer plantings will be installed. 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 desire to build a new residence on the lot is self-created. However, the lot as purchased is non-conforming in relation to the construction of a residence. Every attempt has been made to develop the minimum size building for the applicant to reside. This new residence will replace a barn structure that is beyond repair or renovation as a residence. Lack of maintenance of the barn was the result of the previous owner's lack of attention and care of the property and not the applicant. Revised 03/2018 � .. � _ __ � � � � _. r Y � ��*8..�,•►V 01�'��PJpE/4LSi4PJ�1VG4 I/ON FQRM ,P.4GE8 DISCL�SURE Does any City of�rcer,employee,or family rnemt�er�hereof have a f nan�ial interest as d�fr�ed b Ge ' - this li�� t y neral Mun�c�pa1 Law Sect�on 809}in app �No ❑Yes !f"yes",a statement disclasing the name�residen�e and nature and e�te�o��s��erest m with this application. �� APPLICANT CERTIFICATf4N Ifwe,the property owner-�s},or punchase�-{s}/lessee{s}under contract,of the land in question,here r uest an rance the Zoni t�g Boa�d of Appeaf s. �'Y �q appea before ., By the signatWne(s)attached her�to,I/we certify►that the inEf'ormatior�provided within this a liration and accc�m 'n documentation is,to the b�,st of my/our knowledge,true and accurate.i/we further unde pp p� g rstand that intentional#y praviding fals�or misleading informatio�is grounds for immediate deniai of this application. � Furthermone,lJwe hereby atrthorize the members of the Zoning Board of Appeals and designated City staf�to enter the ro assaciated 'th this lication fo� u P �� ' aPP p rp�� of�onducting any necessary site inspections relating to this appea�. � , . - Date: d �" "` ��i �s� ture) . � . � =� ��^ � Date. � � . . - - � �a�plrcant srgnature} If applicant is not the tumently the owner of the praperty,the curren�owner must aiso sign, �+vner-Signature: Date: �nrner Sfgnature; Date: r ♦ � 1 � ��a o�r�ois ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING APPLICANT: TAX PARCEL NO.: - - PROPERTYADDRESS: 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 ❑ Interpretation ❑ Use Variance to permit the following: ❑Area Variance seelcing the following relief: Dimensional Requirements From To Other: Note: ❑Advisory Opinion required from Saratoga County Planning Board ZONING AND BUILDING INSPECTOR DATE Revised 03/2018