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HomeMy WebLinkAbout20190030 Falvey Residence Area Variance Application SD ATELIER ARCHITECTURE L.L,C. 5 1 1 BROADWAY.2ND FLOOR SARATOGA SPRINGS,N.M.128661 P.H.518 587 3385 I FAX 518 306 6048 SDATELIER.COM January 8, 2019 City of Saratoga Springs, NY Attn: Zoning Board Re: 65 Beekman Street Dear members of the Zoning Board, I am attaching documentation for a previously approved project that underwent a lengthy approval process back in 2006-2007. The project also received a building permit and thus we have the original Construction Documents as the Architect of Record. The previous Owner did not proceed with the Project due the code requirement for a sprinkler system which required the Owner to incur costs for the infrastructure in Beekman Street. This came in over budget and thus the Owner decided to abandon the project. Since that time, the lot has been vacant. Currently, there is a sale pending based on the City approvals for the same project for a different Owner. Essentially, the floor plan and overall exterior will be the same as what was originally designed. The proposed floor plan will include a 2-story mixed use building. The first floor will have 1 residential unit and a gallery space at the street level. The second floor will include an Owner- occupied residential unit. This is an appropriate use for the Beekman Arts District and the building is designed to have a similar scale and architectural features to blend into the streetscape. We are excited about the possibility to have this project come to fruition. We feel that it will add to the street character of Beekman Street and add to the growing artist community. Included in the submission package is a letter that outlines the process that the project went through previously along with the proposed site plan, design and relevant submission materials. At this point, we are requesting for the Zoning Board to determine who will take lead agency status for the project. -and for the required area variances as outlined. Respectfully submitted, Susan L. Davis, LEED—Green Associate RA(NY and Ct) SD Atelier—Architecture, L.L.C. www.sdatelier.com SD ATELIER—Architecture,L.L.C.,has been providing the highest quality of professional Architectural service for over 20 years. "I"'ISD ATELIER 7 LAARCHITECTURE L. L.C . 516 BROADWAY, SUITE 33 SARATOGA SPRINGS, N.Y. 12866 PH./PAX-518.587.3385 WWW.SDATELIER.COM October 23, 2007 Attn: Members of the Zoning Board City Hall Saratoga Springs, New York 12866 RE: Re-submission to the Zoning Board for 65 Beekman Street Dear Members of the Zoning Board, We are re-submitting to you a previous application that was approved back in September of 2006. The exterior design has changed from a three-story building to a two-story building. It is important to note that that this does not affect the previously approved area variance requests or parking request. The revised design was seen as a favorable change in the opinion of the Planning Board and has been approved by both the Planning Board and the Design Review Commission. It was only recently brought to our attention that you would also need to review and approve the revised design. Therefore, we are submitting for your re-approval, and requesting to be placed on the Nov. 19th meeting and would like to request a resolution that night, as we are amending the previous resolution with the newly submitted plans. In order to clarify some history for the project, we have outlined the past outline for you to review. The project first went in front of the Zoning Board and was approved as a three-story flat roof structure. After due consideration on the part of the client, and over concerns that the Zoning Board expressed, the design was altered to be a two story structure with a combination gable roof and flat roof. The occupancy remained essentially the same. It is designed to be a mixed-use building with two residential units and 1200 sf of art gallery/artist studio space. The residential unit was re-located from the second story to the first story as a smaller unit. The revised design was favorably reviewed by the Planning Board and Design Review Commission and approved along with the parking requirements. The revised design (although never officially reviewed by the Zoning Board) does not change the requests that were approved. The approval process was the following- 9-18-06 -The Zoning Board reviewed the project and gave their approval for the project as a three story flat roof structure with the relief as follows: Req u i red Proposed Requested Front Yard setback— 10'-0" Proposed —0' Total Relief— 10' Max. Lot Coverage—30% Proposed - 44% Total Relief— 14% Min. unobstructed Corner—30' Proposed —20' Total Relief— 10' The ZBA issued a neg. declaration on an uncoordinated review. The project was requested to go to Design Review for an advisory opinion 10-18-06—The project is presented to the Planning Board as a three-story building. The application is held open as no action is taken and the motion passes to have the project go to DRC for an Advisory opinion. CAUsers\computer 2014\Desktop\OneDrive Work\Zoning Submission\letter for re-submission-2007.docx At this point, the design is altered due to concerns over a three-story structure and due to cost concerns. 11-2-06—The project is presented to the DRC as a two-story structure with history of the how the design has evolved. DRC issues a positive advisory opinion- no formal action is taken 11-6-06—revised submission (with change to 2 stories)to the Planning Board. 11-15-06— Planning Board approves the revised submission with favorable response. Approval includes the waiver of 7 parking spaces. 9 are required. 2 spaces will be provided in the garage. 11-16-06— Design Review Commission approves the two-story option for mass and scale. The motion is approved with the condition that the applicant will return with specific details on materials, manuf. Literature for doors and windows and railing details. 11-21-06 - submission to DRC for materials and details as requested. 12-7-06—DRC approves the project materials and details as submitted —The applicant will return for advisory opinion for the foundation material that is exposed. The applicant has the permission from DRC to proceed with the building permit. I hope that this helps to clarify the situation. Respectfully, Susan L. Davis SD Atelier Architecture, LLC 510 Broadway, Suite 33 Saratoga Springs, NY 12866 Cc: Lynne Urell Brad Birge C:\Users\computer 2014\Desktop\OneDrive Work\Zoning Submission\letter for re-submission-2007.docx OGS CITY OF SARATOGA SPRINGS r ZONING BOARD OF APPEALS 4. . C -y Hatt - 474 r3 rcv,&nra-y v Sa rMoz ga SrWL.P gy6 New-Yo-Yk�121 g�� 'c ` Tet; 51-8-587-3SSD faxv 518-580-g48O RATE 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 workwith 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_o pe rat i o n s_pd f/seaf parto n e.pd f ❑ 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 (www.saratojZa-sprinjZs.or2) for application deadlines and meeting dates. Revised 03/2018 ZONING BOARD APPEAL APPLICA TION INSTRUCTIONS 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 ian legal notices at least 5 days before the hearing. Applicants must pay The Sarato iiaan 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 rFOR OFFICE USED CITY OF SARATOGA SPRINGS v �� ❖ (Application#) - CEJ Hat L - 474 13rcv,&� Sarrafo�ga S prri,r%gy6 New-Yo-rk1 1-2.8 66 •�, `-`' ,. Tet; 51-8-587-3SSD fail 518-580-g48D � (Date received) APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANTS) OWNER(S) (lfnot apple ATTORNEY/AGENT Name Matthew Falvey SD Atelier Architecture, LLC 427 New Karner Rd 511 Broadway, 2nd Floor Address Saratoga Springs, NY 12866 Albany, NY 12205 Phone (518)894-7705 (518)587-3385 sue@sdatelier.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: ❑ Owner ❑ Lessee 1Z Under option to lease or purchase PROPERTY INFORMATION 1. Property Address/Location: 65 Beekman Street Tax Parcel No.: - - (for example: 165.52-4-37) Pending-2018 NCUD-1 2. Date acquired by current owner: 3.Zoning District when purchased: Vacant Lot w?garage NCUD-1 4. Present use of property: 5. Current Zoning District: NCUD-1 6. Has a previous ZBA application/appeal been filed for this property? 1Z Yes (when? 9nnr; For what?se-e- attarhed ) 1Z No documentation 7. Is property located within (check all that apply)?: ❑ Historic District 1Z Architectural Review District ❑ 500'of a State Park,city boundary, or county/state highway? 8. Brief description of proposed action: Applicant is seeking approval of a 2 story building that will allow for a gallery space and 2 residential apartments.The existing garage will remain.The proposal is for the same design that was approved back in 2006. 9. Is there a written violation for this parcel that is not the subject of this application? ❑Yes 91 No 10. Has the work, use or occupancy to which this appeal relates already begun? Yes ®No . Identify the type of appeal you are requesting (check all that apply): ❑ INTERPRETATION (p. 2) ❑VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 1Z AREA VARIANCE(pp.6-7) Revised 12/2015 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE Z FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $ 480 ❑ Use variance $19000 ❑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? r]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): 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 ZONING BOARD OFAPPEALSAPPLICATION 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". 1. 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): 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 OFAPPEALSAPPLICATION FORM PAGE 4 B. Has property been listed for sale with ❑Yes If"yes",for how long? the Multiple Listing Service(MLS)? C❑No 1) 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? EJYes ❑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 03/2018 ZONING BOARD OFAPPEALSAPPLICATION 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 03/2018 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): Section 240 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements From To Front Yard Setback 10' 0' Percentage of Lot Coverage 30% 44% Min. Unobstructed Corner 30' 20' Other: Parking Requirements-7 spaces are required and 2 will be provided. 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: 1. 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. Previously,the design had gone through several variations.We have attached some of the design options.The lot is sub-standard and also on the corner which make it difficult to comply with the front yard setback. There is no land in the vicinity to purchase. 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 building is designed to blend in to the context of the adjacent buildings. The height and mass are shown on the street elevation and have architectural features such as the balcony,the gable roof,the corner cut-out at the street level and similar materials that will allow the building to be compatible.The building will add to the character as it will maintain the streetscape and allow for another gallery space. The additional residential units(one unit will be for the Owner)will not increase the density significantly. Revised 03/2018 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: Although the variance may sound substantial, it is not substantial for the character of the neighborhood.The enclosed attachment indicates the surrounding buildings that indicates that the majority have more than 30% lot coverage. The front yard setback of 10 is not significant as the building is designed to maintain the street frontage. 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 design should not have any adverse physical or environmental effects on the neighborhood.The building is similar in style and character to the neighborhood.The building was approved previously and was deemed to not have any adverse impact. 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 difficulty is self-created since there is a blank slate to work with, however,the applicant would prefer to go with the design that was previously approved by all of the boards.This will meet the applicant program needs. Revised 03/2018 ZONING BOARD OFAPPEALSAPPLICATION 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? [Z 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 /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: Date: Owner Signature: Date: Revised 03/2018 ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING APPLICANT: TAX PARCEL NO.: - - P RO P E RTY AD D RESS: 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 • 4 ace y, y a , , it r „ br n bi - r Barrlu - St re et 73-, - t IF ^ ' Fna { . " i Plot s 3 _ A Ail OIL , •, F. tudi AL� .- n AS *.. As � .. '.__ E 'er '� !•1 dL 4 _ L A-