HomeMy WebLinkAbout20190649 Smith Residence Application •
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CITY OF SARATOGA SPRINGS
AN (Application#)
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Ta: 518-587-3550 fale.4 51 8-580-194g0
L/41 ' (Date if et.
LAW:-
APPLICATION FOR:
Oje /
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE - ON
APPLICANT(S) QV/NERO)II(not app/cant/ ATTORNEYAGE
Kara Smith and James Del Favero Donald Sherwood
Name
951 Van Hoesen Rd 1023 Verbeck Ave Buyer Attorney--Jennifer Taylor
Address 518-862-0509
Castleton on Hudson, NY 12033 Schaghticokei NY 12154 Seller Attoney-- Matt Dorsey
518-584:5205
518-488-7454
Phone
missyz@mindspring.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 0 Lessee 121 Under option to lease or purchase
PROPERTY INFORMATION
10A Nelson Ave Saratoga Springs, NY 179 2 13
I. Property Address/Location: Tax Parcel No..
((or example. 165.52-4-37)
2. Date acquired by current owner: 3. Zoning District when purchased.
Vacant Lant Rural Residential
4. Present use of property: - S.Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes(when? For what?
No
7. Is property located within(check all that apply)?: 0 Historic District 0 Architectural Review District
0 500of a State Park, city boundary,or county/state highway?
8. Brief description of proposed action:
We would like to build a two-story single family home,with attached two-car garage,on the site. The home would have four
bedrooms and three baths It would have approximately 1800 sq ft of living space, hot including garage. and would be a
ra•i lona ome sesigh, .ous e sec er ron pore es a wou• rues wi e 00 0 e sown own ara oga prings
area
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes No
10, Has the work, use or oc:upancy to which this appeal relates already begun? Yes pNo
I I. Identify the type of appeal you are requesting(check all that apply):
0 INTERPRETATION(p. 2) CI VARIANCE EXTENSION (p. 2) 1:1 USE VARIANCE(pp. 3-6) gi AREA VARIANCE (pp.6-7)
Revised 11 1 120 1 9
ZONING BOARD Of APPEALS Affit1CA riON FORM PA GE 2
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
0 Interpretation $ 500
Use variance $1.000
Area variance
•
-Residential use/property: $ 200
-Non-residential use/property: $ 600
El 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:
We would like relief from the rural residential zoning designation since(he plot does not meet the stipulations for that
Section(s) category of zonirg However,the lot existed prior to the rezoning of 1961, making it pre-existing nonconforming Therefore,
2. How do you request that this section be interpreted?
We would like relief from the min lot size: lot width, and front and side width reguirerr2ents,as determined by the rural residential zoning_
designation We would like this lot to be held to the zoning standards comprising the UR-2 zoning classification
3. If interpretation is denied,do you wish to request alternative zoning relief? DYes No
4 If the answer to#3 is"yes,"what alternative relief do you request?D Use Variance 0 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? 0 Use 0 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(11:2019
ZONING BOARD 0 F APPEALS APPLICAPON 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".
I That the applicant cannot realize a reasonable financial return on nitial investment for any currentlypermitted 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):
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: S Equalization rate: Estimated Market Value: $
7)Appraised Value: Appraiser: Date:
Appraisal Assumptions:
Revised 01:20 19
ZONING BOARD OF APPEALS APPLICAPON FORM PACE 4
B. Has property been listed for sale with OYes If-yes". for how long?
the Multiple Listing Service(MLS)? (INo
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? Dyes ONo
If yes. describe frequency and name of publications:
3) Has the property had a For Sale"sign posted on it' C]Yes 0 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 properly 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 01/201')
ZONING BOARD OF APPEALS APPLICATION FORm PAGE 5
3. That the variance. if ranted. 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's if that hardship was created by the applicant,or if the applicant acquired the property
knowing(or was m 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 0 I
Zoivivir gOARD OF APPEALS APPLICARON FORM' PACE 6
AREA VARJANCE—PLEASE ANSWER THE FOLLOWING add additional information as necessary):
Rural Residential zoning districi
The applicant requests relief from the following Zoning Ordinance article(s) --
Dimensional Requirements From To
Min average width 200 sq ft 75 sq ft
Min. Jot size 2 acres 11,300
Min. front yard setback - 60 48
Min rear yard setback 100 - 30
Mnn side yard setback, left 30 20
Min. side yard setback right is compliant with existing zoning
Other:
To grant an area variance. 0-e ZBA must balance the benefits to the applicant and the health.safety.and welfare of the neighborhood arid
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.
We have not sought other alternatives to the variance Since we would like to construct a home on the properly, and it is currently
out o comp lance w t e existing variance•esigna ion, we ave no at er recourse .ut to app y or an area variance i we ope
to achieve our goal of constructing a home on the property.This lot was established prior to the development of the RR zoning
- • p e - * 9 V . 411111919 ,
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:
Granting the variance wi no se a setnment to surrounsing prope ies •ecause we inten• to cons ruct a ome I at is in c arader
with existing Saratoga Springs city homes The look will mesh nicely with the surrounding homes,and will not be of out of
propo ion size an. sesign wise--in re a ion a e an. i s si e.on, or o e size o neig soring ornes
Revised(11.'2019
ZONING BOARD OF APPEALS APRICATION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
This variance is not substantial since it is sited on a plot of land that is comparable in size to the homes to it's immediate right and
lett The home to its immediate lett in particular. 10 Nelson Ave.,is built on a plot this is only slightly larger than this plot of land
he 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:
Ttits vanantu-wtrrTurhave-an ativersularrysluat or envtrurrn-runTreffect zffrueirwrtl-teln-strate wrtrirsurruurrang rre-suncrwittte—
of a design that reflects the traditional character of Saratoga Springs.Alsothis plot does meet the requirements of several nearby
I.' • - _a as a -a _sa •,•• -0 • in- ars as a •- a..• •-• "'a di
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. Al 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.
Reins 01/21)19
ZONING BOARD OF APPEALS APPLCADON 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? La No Q 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(sL 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, Ilwe 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.
Digtolany 5.4ned by Ara&rim, 6/18/2019
Kara Smith ...
oN cnirtsacza
co C=LJS
Dame 20 De le 14 25 33'LUDO Date:
(applican:signature)
6118/2019
James Del Favero
Date:
(applicant signature)
If applicant is not the currently the owner of the property,the current owner must also sign.
Owner Signature; Date: C(e2
/ I
Owner Signature: Date:
Revised 11/2019
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE ANDIOR BUILDING
APDL: ANT: 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 articles)
.: As such, the following relief would be required to proceed:
Extension of existing variance ❑ Interpretation
El Use Variance to permit the following:
o Area Variance seeking the following relief:
Dimensional Requirements From To
Other:
Note:
Advisory Opinpon required from Saratoga County Planning Board
ZONING AND BUILDING INSPECTOR DATE
Revised 01/2019
Short Environmental Assessment Form
Part I - Project Information
Instructions for Completing
Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on
information currently available. If additional research or investigation would be needed to fully respond to any iteim please answer as
thoroughly as possible based on current information.
Complete all items in Part I. You may also provide any additional information which you believe will be needed by or useful to the
lead agency:attach additional pages as necessary to supplement any item.
Part 1 —Project and Sponsor Information
Name of Action or Project:
Area variance for 10A Nelson Ave.
Project Location (describe, and attach a location map):
10A Nelson Ave_Saratoga Springs,NY 12866
Brief Description of Proposed Action:
We would like to build a two-story single family home,with an attached two-car garage on a 75x150 sized lot located at 10a Nelson Ave.in Saratoga
Springs.To do so,we would need to obtain an area variance since the current zoning district is Rural Residential,requiring at least two acres of land.
200 sq ft.of width,60 ft of front yard setback, 100 ft of rear yard setback and 30 ft.setback on each side.Since this is a pre-existing non conforming lot,
that was established prior to the creation of the RR zoning district in 1961,the plot does not meet the stipulations for that category of zoning.However,
as detailed in a letter dated OcL 30,2017,and signed by Stephen R.Shaw,zoning and building inspector,the parcel was determined by the city of
!Saratoga Springs,to be a lawful lot:therefore,it will require variances to build a principal structure upon it.Those variances are what we seek through
his application.
Name of Applicant or Sponsor Telephone: 518-488-7454
ara Smith and James Del Favero E-Mail: rrIssyz@mindspring.com
Address:
51 Van Hoesen Rd
City/PO: State: Zip Code:
astleton on Hudson NY 12333
1. Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that
111
may be affected in the municipality and proceed to Part 2. If no.continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES
If Yes,list agency(s)name and permit or approval:
El
3. a. Total acreage of the site of the proposed action? :150 ft by 75 ftacres
b.Total acreage to be physically disturbed? 150 ft by_75 ftacres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 150 ft by75 ftacres
4. Check all land uses that occur on, are adjoining or near the proposed action:
Urban 2 Rural(non-agriculture) D Industrial Commercial E Residential (suburban)
El Forest Agriculture Aquatic El Other(Specify):
Parkland
Page 1 of 3 SEAF 2019
*AO
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? 1=1 0
b. Consistent with the adopted comprehensive plan? E 1=1
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
El
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes, identify:
NO , YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation services available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed El
action?
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
0 El
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water:
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment
The proposed structure will include a self contained septic system.
12. a. Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO , YES
which is listed on the National or State Register of Historic Places,or that has been determined by the
Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the ' El
State Register of Historic Places?
b. Is the project site,or any portion of it, located in or adjacent to an area designated as sensitive for
archaeological sites on the NY State Historic Preservation Office(SHP0)archaeological site inventory?
13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action, contain NO YES ,
wetlands or other waterbodies regulated by a federal,state or local agency?
b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
- --
PA gc 2 of 3
11.
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
EShoreline El Forest E Agricultural/grasslands El Early mid-successional
Wetland 1Z1 Urban Suburban
15. Does the site of the proposed action contain any species of animalor associated habitats,listed by the State or NO YES
Federal government as threatened or endangered'?
H
16. Is the project site located in the 100-year flood plan? NO YES
Ei
NO
17. Will the proposed action create storm water discharge,either from point or non-point sources? YES
If Yes.
a. Will storm water discharges flow to adjacent properties? El
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? El
If Yes.briefly.describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES
or other liquids(e.g.,retention pond,waste lagoon,dam)?
If Yes,explain the purpose and size of the impoundment:
ri
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO " YES
management facility?
If Yes,describe:
20.Has the site of the proposed action or an adjoining properly beer the subject of remediation(ongoing or NO ! YES
completed) for hazardous waste?
If Yes.describe:
1
CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Kara Smith and James D: Favero2019
Applicantisponsori ame: Date:June 24,
Signature: A ALT& :;„ Title Applicants
•
PRINT FORM Page 3 (): 3
Kara Smith
Jim Del Favero
951 Van Hoesen Rd
Castleton on Hudson, NY 12033
June 24,2019
Dear sir/madam:
Enclosed is an application for an area variance for 10A Nelson Ave.,Saratoga Springs,
NY.We are applying for the necessary variances to build a single family home on the
plot of land,currently zoned rural residential. In support of our application,please find
the following documents,one copy each in both digital and hard copy format:
Variance application
SEQR Environmental Assessment Form — short
Detailed "to scale" survey drawings of the proposed project
Detailed waste water design proposal
Photographs detailing the site and its location to adjoining properties
Zoning compliance letter dated Oct. 30,2017
Application fee in the amount of S200
If you have any further questions.or require additional materials, please give me a call at
518-488-7454.or email at missyz@mindspring.com
Since ely,4).
utZ
KItsmith
James Del Favero