HomeMy WebLinkAbout20190649 Smith & DelFavero Single Family Extenstion Application (FOR OF_ FIEF
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APPLICATION FOR: /ei, tt,�p �`I�rA�,,
APPEAL TO THE ZONING BOARD FOR AN CY / V ", '
INTERPRETATION,USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION (ltd 50,6yi ,1/l,7
OWNER(SI(Knot applicant) - ATTORNEY/AGENT
APPLICANTfS��`
Kara Smith and James Del Favero
Name Jennifer Taylor
951 Van Hoesen Rd ;_;. _� �•
Address
Castleton on Hudson,NY 12033
518-488-7454 /
Phone
missyz@mindspnng.com
Email
In question.
*An applicant must be the property owner,lessee,or one with an option to lease or purchase the property
Applicant's interest in the premises:
m Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
179 2 13
10A Nelson Ave.Saratoga Springs,NY Tax Parcel No.• - -
I.Property Address/Location: (for example: 165.52—4—37)
Rural Residential
9/30/2019 3.Zoning District when purchased:
2. Date acquired by current ownRural Residential
Vacannt Lant
5.Current Zoning District:
4. Present use of property:
6. Has a previous ZBA application/appeal been filed for this property?
m Yes(when? For what? a ce
❑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: on the site.The home would have four
We would like to build a two-story single family
approximately 1th attached 1800 sq ft oflivinga space,gnot including garage,and would be an s
blona
and three baths.It would
ou•ehave
sec er ron port es a wou• mes WI e o0 o e •own own ara oga p 9
rail Iona ome •eslgn,wl
area.
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes
0 No
10. Has the work,use or occupancy to which this appeal relates already begun? 0 Yes
No
I I.Identify the type of appeal you are requesting(check all that apply).
0 INTERPRETATION(p.2) m 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.
O Interpretation $ 500
0 Use variance $1,000
0 Area variance $ 200
-Residential use/property:
-Non-residential use/property: $ 1$ 6000
0 Extensions:
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:
We would like relief from the rural residential zoning designation rezoning of 1961,
plot does not meet the stipulations for that
making it pre-existing nonconforming.Therefore,
Sections) category of zoning. However,the lotth
existed prior to the
2. How do you request that this section be interpreted?
3. If interpretation is denied,do you wish to request alternative zoning relief? []Yes
mNo
4. If the answer to#3 is"yes,"what alternative relief do you request?O Use Variance 0 Area Variance
EXTENSION OFA VARIANCE-PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
September 17, 2. Type of variance granted? ❑Use m Area
I. Date original variance was granted: 2019
March 17, 2021
3. Date original variance expired:
5. Explain why the extension is necessary.Why wasn't the original timeframe sufficient?
,•11-1
We do not intend to build on the land until our youngest son,currently;rI- 1.
aa' :Of-HS sophomore;completes his schooling in our current school
ri
When requesting an extension of time for an existing varianthatntheremust
have beenthat
nothe
sign'ifi ant changes on the site, gthe
variance was granted have not changed. Specifically demonstrate
neighborhood,or within the circumstances upon which the original variance was granted:
The site is an empty lot and remains the same.There has also been no significant building in the immediate surrounding area.
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:
a
icant must prove that the zonig
creat
an unr_aes9§1.1.
For the Zoning Board to grant a request for a use variance, NewlYork State law requires an applicant olprove all four of the followinghardshi in relation to that property. In seeking a use variance,
"tests".
use on theP P m'
I
I. That the applicant cannot realize a reasonable initial
in question tcannot yield easonabletfor an return for the following
"Dollars¢sproof must be submitted as evidence.The grope
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: Cost
Date Imoroement
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 OYes If"yes",for how long?
the Multiple Listing Service(MLS)? EDNo
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? QYes
❑No
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?
n
e
2. That the financial hardshi. relatin: to this .ro.e is uni.ue and
i does
nood not
a oply d stisora suwouldtialnop artioy ofsthegneighbor.This
hood.
Difficulties shared with numerous other properties in the same ne g
previously identified financial hardship is unique for the following reasons:
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE S
er
3. That the variance,if granted,will not alter
essential
the of
neighborhoodor district would be atodswh the purpose of the Zoning Ordinance.The requested variancewill not alter the
character of the neighborhood for the following reasons:
owner or one acting on
ehalf
the property
4. That the aIle t claim
"unnecessary
u has ssa b hardship"if that hardship was created by the appllateci.An applicant(whether the icant or i the applicant acquiredf the property
owner)
nowin not claim"onnecet ary P
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):
Rural Residential zoning district
The applicant requests relief from the following Zoning Ordinance article(s)
From To
Dimensional Requirements
Fro
sq ft sq ft
Min.average width
2 acres 11,300
Min.lot size
60 48
Min.front yard setback
100 30
Min.rear yard setback
30 20
Min.side yard setback,left
Min.side yard setback,right is compliant with existing zoning
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:
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.
d
ike to
ruct
home on
e
is
We have not sought iother th the ex sting variance ternatives to edesignation,ince we we have nolotiher recourse but o apply forhan property,
variancetif we hope
out of compliance
to achieve our goal of constructing a home on the property.This lot was established prior to the development of the RR zoning
deaiynaGun.Heiiue,it is d die exisliny iIuii wnfunuiny 1uildiny lul.
e neighborhood or a detriment to nearby
2. properties.opGrantingag the thevarvariance produce an undesirable change in the character of not create a detriment to nearby properties or an undesirable change in the neighborhood
varia
character for the following reasons:
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:
ize to
This variance is not immediatetial
since itp is sited on aicular,10 Nelson t of land that
is built on comparable plot th s is only the
larger than this plot of land.
it's immediate right and
left.The home to its immediate left in parUc _ __.-: :.• :•., -: : -
the creation of the RR zoning designation for this area.
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:
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:
This difficulty was not self created,it is instead simply the result of changing land-use designations.At the time the lot was
established,the rural residential zone had not been created.Therefore,future problems regarding home construction,and
it is classified as a pre-existing nonconforming building lot.
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 8
DISC- Law
Does any City officer,employee,or family member thereof have a financial i serest(as
and eine uned byeand extent General M onf icipal tareSt must be filed
in
this application? QJ No ❑Yes If"yes",a statement disclosing the name,
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.
ion provided
n this
By the signature(s)) otta ed hereto,I/we best of my/our knowledge,sfy that the trueandccurrate.I/we furtheri understand that intentionally providing false or
plication and accompanYing
documentation is,to the Y
misleading information is grounds for immediate denial of this application.
Furthermore,I/we hereby authorize the of conducting any ers of the necessary site Board of nspectionsdesignated
relating to this appealenter the property
associated with this applicationpurposes
is Digrialy signed by Kara Smith 11/17/2020
DN:cn=Kara Smiih,o, S
Kara Smith`email=missyZomindspnngcom,c=US Date:
Date:2019.06.18 14:25:33-04'00'
(applicant signature) 11/17/2020
„w P.a �.d�...,.�.- --- Date:
James Del Favero ,, "'>��
(applicant signature)
If applicant is not the currently the owner of the property,the current owner must also sign.
Date:
Owner Signature:
Date:
Owner Signature:
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
Kara Smith
951 Van Hoesen Rd.
Castleton, NY 12033
518-488-7454
missyz@mindspring.com
Feb. 22, 2021
City of Saratoga Springs
Zoning Board of Appeals
474 Broadway
Saratoga Springs, NY 12866
To whom it may concern:
Enclosed is a hard copy application and check in the amount of$150,for an area
variance extension for property located at 10A Nelson Ave., owned by Kara Smith
and James Del Favero. The variance (#20190649) was originally approved on Sept.
16, 2019. I will also email a duplicate of the application to Amanda Tucker and
Amber Upton.
If you have any questions, I can be reached at 518-488-7454.
Thank y u,
Kara Smith