HomeMy WebLinkAbout20190025 Elder Residence_704 North Broadway Application CITY OF SARATOGA SPRINGS
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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 acomplete 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 $480
❑ Use variance $1,000
❑ Area variance
- Residential use/property $175
- Non-residential use/property$600
❑ Extensions $150
SUBMISSION DEADLINE: Check City's website ( saratoga-sprin s.oLg for application deadlines and meeting dates.
Revised 03/2018
ZONING BOARD APPEAL APPLICATION MTRUCT/ONS PAGEZ
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 Saratov legal notices at least 5 days before the hearing.
Applicants must pay The Saratov 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 12/2015
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CITY OF SARATOGA SPRINGS
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(Application#)
Ci fy HaiL - 474 13raa.d4mra.y
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TeL- 518-587-3550 � 518-580-9480
(Date received)
APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANT(S)* OWNER(S) (If notapp/icant) ATTORNEY/AGENT
Name Katie Elder LLC Thomas Baio Architect PC
704 North Broadway 343 Millburn Avenue
Address
Saratoga Springs, NY Millburn, NJ 07041
Phone 917-656-2135 / / 973-376-1176 /
MTDLLC14@gmail.com tom@ThomasBaioArchitect.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: m Owner ❑ Lessee ❑ Under option to lease or purchase
PROPERTY INFORMATION
704 North Broadway 165 36 2 63
I. Property Address/Location: Tax Parcel No.: - -
(for example: /65.52-4-37)
UR-1 & UR-2
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? For what? )
10 No
7. Is property located within(check all that apply)?: 10 Historic District 10 Architectural Review District
❑ 500'of a State Park,city boundary,or county/state highway?
8. Brief description of proposed action:
There are two items sought in this application
1. We are seeking to convert the use of the garage into a caretakers&guest cottage.
2. We are seeking to build a pool cabana& covered roof lounging area
9. Is there a written violation for this parcel that is not the subject of this application? ❑Yes V1 No
10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes V No
I I. Identify the type of appeal you are requesting (check a//thatapp/y�.
❑ INTERPRETATION (p. 2) ❑VARIANCE EXTENSION (p. 2) 0 USE VARIANCE (pp. 3-6) ❑AREA VARIANCE (pp. 6-7)
Revised 12/2015
ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE2
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
❑ Interpretation $ 480
❑ Use variance $1,000
m Area variance
-Residential use/property: $ 175
-Non-residential use/property: $ 600
❑ Extensions: $ 150
INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
1. 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? [—]Yes 0 N
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 03/2018
ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM FAGE.3
USE VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
A use variance is requested to permit the following:
I do not believe that the requests involve USE
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".
1. 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):
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:$ 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 03/2018
ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE{
N/A
B. Has property been listed for sale with ❑Yes If"yes",for how long?
the Multiple Listing Service(MLS)? IgNo
Not applicable N/A
1)Original listing date(s): Original listing price:$
If listing price was reduced,describe when and to what extent:
Not applicable
2) Has the property been advertised in the newspapers or other publications? E--]Yes ONo
If yes,describe frequency and name of publications:
Not applicable
3) Has the property had a"For Sale"sign posted on it? ❑Yes 0 No
If yes, list dates when sign was posted:
Not applicable
4) How many times has the property been shown and with what results?
Not applicable
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:
Not applicable
Revised 03/2018
ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGES
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:
- The existing garage size, shape and character is mainly unchanged. The owners can meet their needs by a simple re-use of
the structure into a care-takers/guest cottage during the times in which the family is visiting.
-The proposed re-use minimally impacts the neighborhood and retains the historic feel of the structure on the setting of the
property
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(orwas in a position to know)the conditions forwhich the applicant is seeking relief.The hardship has not been self-created
for the following reasons:
-The ownership does not use the garage for the housing of vehicles.
-The impact from the re-use of the garage into a care-takers/guest cottage minimally impacts the neighborhood and allows the
owners to avoid additions onto the existing 'Barn"style residence which would have a far more significant impact on the
neighboring properties and environmental impact.
Revised 03/2018
ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE6
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
1. The re-use of the garage into a care-takers/guest cottage
21'-2"(width)x 25'-4"(front to back)
2. To build a conforming cabana adjacent to the pool.
27'-0"(deep)x 32'-0"(wide)
Other:
To grant an areavariance,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.
- Building onto the existing historic barn appearance for the residence is neither desired nor in keeping with the light density of the
property.
- By utilizing the existing garage structure we feel that a minimal impact is incurred to the neighbors and neighborhood fabric.
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:
- By maintaining the garage structure without significant alteration,we feel that the use of it as an caretakers/guest cottage is
minimized to the surrounding properties and neighborhood fabric.
- Its use as a garage would eliminate the entrance from Ryan Street and would only be accessed from within the property through
a man door.
Revised 03/2018
ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM FAGE7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
- No additional bulk is proposed for the re-use of the garage.
-The use of the property remains single family residential without any rental whatsoever.
4. Whether thevariance will have adverse physical or environmental effects on neighborhood ordistrict. The requested variancewill not
have an adverse physical or environmental effect on the neighborhood or district for the following reasons:
-This is a simple re-use of the existing structure of the garage. The current owners do not use the garage and this would allow
them to have a room for the use of family members when they visit&care-takers of the main residence.
-Without any bulk changes(aside from the cuppola)the building retains the physical &environmental status of today.
5. Whether the alleged difficulty was self-created(although this does not necessarily preclude the granting of an areavariance).Explain
whether the alleged difficulty was or was not self-created:
-The re-use of the garage into a care-takers/guest cottage is certainly self-created but makes no impact to the surrounding
properties. It likewise imposes no additional lot coverage.
Revised 03/2018
ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGER
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? m 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.
Date:
(applicant signature) Jan 4, 2018
Digitally signed by Thomas 111i,
io ecn=Thomas Baia o,ou=Architect,
Thomas Bamail=tom@thomasbaioarchitec[.com,-US
Date:2019.01.04 15:11:35-05'00' Date:
(applicant signature)
If applicant is not the currently the owner of the property,the current owner must also sign.
Digitally signed by Salvatore cajole ja n 4 2018
Salvatore Caiola LL Salatore g a Oom,Ce
Elder
LLC,email=mtdllc14@gmail.com,c=US
Owner Signature: Date 20,M1.04152435-05'00' Date:
Owner Signature: Date:
Revised 03/2018
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 ❑ 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 03/2018