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HomeMy WebLinkAbout20210059 Donovan Single-Family Porch Application CITY OF SARATOGA SPRINGS 44 ',. a ZONING BOARD OF APPEALS G i/t y Ha.L L - 474 e ract-ot,wra y /41%4 ` ` Sa-ra.-o-ga S i,A,g ' Hew-Yo-rki 12.866 , .` Tel: 518-587-3550 fa 518-5s0-�l480 ORO INSTRUCTIONS APPEAL TO THE ZONING 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 work with City staff to ensure a complete application.The ZBA will only consider properly completed applications that contain I original and I 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". 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 ❑ Extensions $150 Check City's website (www.saratoga-springs.org) for application meeting dates. Revised 01/2019 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 Saratogian legal notices at least 5 days before the hearing. Applicants must pay The Saratogian 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 & Interpretation 100 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 01/2019 [FOR OFFICE USE] `A CITY OF SARATOGA SPRINGS (Application#) -� Gni y H — 474 6 77IN`:. .VM1 •.' ' Samoa -a-ga S i vt gS6 N&w-Yo-rk/ 8 66 4 4,- • Tem(% 518-587-3550 fad 51-8-580-8480 (Date received) 'PoRATED APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT Name Carrie and Dan Donovan SD Atelier Architecture, LLC Address 4940 Spruce Bluff Drive 511 Broadway, 2nd Floor Atlanta, Georgia 30350 Saratoga Springs, NY 12866 (518) 587-3385 Phone (770)335-4435 / / / Email ddonovan©beechercarlson.com sue©sdatelier.com *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: IZ Owner 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION . Property Address/Location: 138 Nelson Avenue Tax Parcel No.: 166 77 _ 4 _ 1 (for example: 165.52—4—37) 2. Date acquired by current owner: 2020 3. Zoning District when purchased: UR-2 4. Present use of property: Single Family Residence 5. Current Zoning District: UR-2 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? For what? IZ 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: Client intends to re-build the front porch and steps and build a new screen porch on the south side. The rear porch is to re-built and the steps are to be re-built. The interior is to be renovated and updated on the first floor. 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes 12i No 0. Has the work, use or occupancy to which this appeal relates already begun? Yes VI No I. Identify the type of appeal you are requesting (check all that apply): 0 INTERPRETATION (p. 2) 0 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 LZ Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 ❑ 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? EYes ❑No 4. If the answer to#3 is "yes,"what alternative relief do you request?❑ Use Variance ❑Area Variance EXTENSION OFA 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 01/2019 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". . 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 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 ❑Yes If"yes",for how long? the Multiple Listing Service(MLS)? [UNo 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 ❑No If yes, describe frequency and name of publications: 3) Has the property had a"For Sale" sign posted on it? IYes ❑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 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 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 01/2019 ZONING BOARD OF APPEALS APPLICATION 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) Dimensional Requirements From To Front Yard Setback 10' 4' 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: . 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. The applicant cannot purchase any additional land.The setback is due to the fact that it is a corner lot and the existing location of the house is already over the setback. The house dates back to the 1800's and pre-dates the Zoning Ordinance. The front and rear porches were constructed in the 1990's and are in need of repair and replacement. The front porch does not reflect the original house. The proposal is to re-build the front porch in keeping with the original style of the home. The new front steps will be located where they were originally. The new front porch roof overhang will be over the front yard setback by 1'-0". The rear porch will be re-built in the same location as it is currently-with the exception of the steps being re-located. 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 granting of the variance will not produce and undesirable change in the character as it will improve and reflect the original design of the house-and is essentially rebuilding the rear porch that currently exists now. 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: The variance is not substantial as it only affects the front porch overhang and the rear porch and steps. This will just allow for the client to re-build the rear porch. 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 granting of the variance should not adversly impact the neighborhood. It will actually improve the neighborhood since the front porch renovations are historically correct and the rear porch renovations are not a significant change. 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: No, as the difficulty is due to the fact that the original house pre-dates the zoning variance as it was built back in the late 1800's- at a time that front yard setbacks did not even exist. Based on the Sanborn maps,there was a front wrap around porch there originally. -thus setting a historic precedent. Revised 01/2019 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? IZI 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. Z2MIe4I Z7i &.#i, Date: Jan 21, 2021 (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 r . •iir , y, • C .. _., tp...47, ,,i,,,,i i if-,di:I u� kl . ,.,s,., L •.,. .•mil.i.,p _ , „ ,,, „, . _ , ........ . a _ __� 7s 'a..T. iso.. 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ROOF - OVER BUILDING FELT ONTO a' ICE AND WATER THROUGHOUT. COLOR T.B.D. - SEE SPEC. 0 Z AND VERIFY WITH OWNER. 5, ARCHITECTURAL GRADE FIBERGLASS SHINGLE ROOF - Z O OVER BUILDING FELT ON ICE AND WATER MEMBRANE. Iii _j N III- a > BASED ON EXTENTS OF WORK - NEW SHEATHING AND o Ln W ROOF SHINGLES W/ UNDERLAYMENT MAY BE REQ'D. 6. METAL STEP AND COUNTER FLASHING AS REQUIRED TO INSURE WATER TIGHTNESS. 7. FASCIA TRIM - SEE SECTIONS Z DETAILS ON SHEET ? 8. REMOVE WINDOW AND INFILL WITH SIDING TO MATCH AND ALIGN WITH EXISTING ?S KB231 9. COORDINATE PITCH OF ROOF WITH LOCATION OF WINDOW - INSURE THERE IS A MIN. OF 4" FROM BOTTOM OF WINDOW TO RIDGE. 10. ADD GRAVEL FOR DRAINAGE - COORDINATE WITH PLANS 11. SMOOTH HARDIE PANEL FINISH INSTALLED. 12. NEW RAILING - SEE HANDRAIL / NEWEL POST DETAILS SHT. A-3 FOR DETAILS AND CODE REQUIREMENTS VERIFY STYLE WITH OWNER. 13. 5/4" X 4" WINDOW / DOOR TRIM W/ DRIP CAP MOLDING. SEE - DETAILS AND CROSS SECTIONS THROUGH FOR HEAD FLASHING AS REQ'D. 14. REPLACE EXISTING WINDOW WITH WINDOW TYPE "A" - COORDINATE WITH ROOF RIDGE TO ENSURE THERE IS A MIN. OF 4" SPACE BETWEEN BOTTOM OF WINDOW AND ROOF. 15. SOLAR SUN TUBES PATCH / MATCH / ALIGN NEW ROOFING AND UNDERLAYMENT AS REQ'D BY THE NEW WORK. 16. VERIFY HEIGHT FROM GRADE TO TOP OF NEW DECK - INSURE STAIRS MEET CODE. SD ATELIER ARCH ITECTU RE L.L.C. 511 Broadway, Second Floor. 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