HomeMy WebLinkAbout20210203 Carruthers Single Family Extension Additional Application �����,G� �� CITY OF SARATOGA SPRINGS
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Tel,: 518-587-3550 �a�u. 518-SSD-9480
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I NSTRUCTI ONS
APPEALTO THE ZONING BOARD FORAN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICATION REQUIREMENTS
I. E����B���n: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. CoMP�ETE SuBM�ss�oNs:Applicants are encouraged to workwith Citystaffto ensure acomplete application.The
ZBA will only consider properly completed applications that contain I origin�l 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 $I,000
❑ Area variance
- Residential use/property $I 75
- Non-residential use/property$600
❑ Extensions $I 50
SUBMISSION DEADLINE: Check City's website (www.sarato a�-sprin�g) for application deadlines and meeting dates.
Revised 03/2018
ZON/NG BOARD APPEAL APPUCAT/ON/NSTRUCT/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 Sarato�legal notices at least 5 days before the hearing.
Applicants must pay The Sarato�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 I 00 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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APPLICATION FOR:
APP�AL.TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE ANb�OR VARIANCE �XTENSION
APPLICANT(S)*` OWNER{5) �IfnotappGcant) AT70RIVEY/AGENT
Jay and Marla Carruthers
Name Frc�st Hur�f Archi�.ects
52 Walton Street 41 Long Afley
Address
Saratoga Springs, NY 12866 5aratoga Springs, NY 12866
Phane ��7.65Q.4357 . 1 I �_ 51 $ . 5 8 4 . 7 51 4�
jay.carruthers@gmail.cam r�att@fharch.com
Email
�An applicant must be the property owner,lessee, or one with an option to lease or purchase Che property in question.
Applicant's interest in the prerriises; m Owner 0 Lessee ❑ Under option to lease or purchase
PROPERTY IIVFORMATION
52 Walton Skreet 16S 51 3 3
I. Property Address�Location: Tax Parcel No.: - -
(for example; 165.52-4-37)
2009 U R-3
2. Date aequired by current owner: 3. Zoning District when purchased:
Singfe-family residence UR-3
4. Present use of property: 5. Current Zoning Distritt:
6. Has a previous ZBA applica[ion�appeal been filed for this property?
� Yes (when? �or what? )
m No
7. Is property located within (ch��k all thae apply)�: 0 Historic District ❑Architectural Review District
❑ 500' of a State Park,city boundary,or countylstate highway�
8. Brief description of proposed accion:
Gonstruc€ion of a secor�d stary addition over an existing ane-stary structure at the rear of the resid�nce.
9. Is there a written violation for this parcel that is n_o_t_[he.subjec[of this application? ❑Yes Q� No
I il. Has the worl<, use or occupancy to which this appeal refates already begun? �Yes �No
I I. identify the type of appeal you are requescing (check all that apply}:
❑ INTERPRETATIDN(P. 2� ❑VARIANCE EXTEN510N �(7. �� 0 UsE VawaNCE {pp. 3-b) Q�AREA V,4RlANCE (pp. 6-7�
Revised 1212015
ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGEZ
FEEs:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
❑ Interpretation $ 480
❑ Use variance $I,000
m Area variance
-Residential use/property: $ 175
-Non-residential use/property: $ 600
❑ Extensions: $ 150
INTERPRETATI�N—PLEASE ANSWER�HE 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? dYes ❑No
4. If the answer to#3 is "yes,"what alternative relief do you request?❑ Use Variance ❑Area Variance
EXTENSION �F A VARIANCE—P�EASE ANSWER�HE FOLLOYVING(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 03/2018
ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE.3
U�E VARIANCE—PLEASEANSWERTHE FO�LOWING(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 initial 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 I m provement 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
ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE�{
B. Has property been listed for sale with ❑Yes If"yes",for how long?
the Multiple Listing Service(MLS)? [�No
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 ❑No
If yes,describe frequency and name of publications:
3) Has the property had a"For Sale"sign posted on it? DYes ❑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
ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM 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:
4. That the alle�ed 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
I<nowing(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:
Revised 03/2018
ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE6
AREA VARIANCE—PLEASE ANSWER�HE FOLLOWING(add additional information as necessary):
Article 2, Table 3:
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements From To
Each Side Setback 4'-0" 0'-1"
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 ha�e
been explored (alternative designs,attempts to purchase land,etc.)and why they are not feasible.
The Owner's objective is to construct a new master bedroom on the second story of the residence.The available location for the
proposed bedroom is limited by the footprint of the existing first story,which is pre-existing non-conforming within the setback.
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:
1.)The proposed addition will not increase the overall height of the building, but will merely be an extension of the existing second
story.
2.)The proposed addition is at the rear of the building and will have minimal visual impact from the street.
3.)Adjacent properties have similar form and massing on the rear of their buildings consistent with the nature of the proposed
addition.
Revised 03/2018
ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
The variance is not substantial because it is in essence a continuation of a pre-existing non-conforming condition.
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 addition will not increase the footprint of the building and will be shorter in height than the main residence. There
will be no increase in run-off and the addition will not significantly impact access to natural light on adjoining properties.
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.
Revised 03/2018
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: TAX PARCEL NO.: - -
PROPERTYADDRESS: 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
ZONING BdARp OFAPPEALSAPPL1CpTIO/V FDRM PAGE 8
DISCLOSURE
Does any City afficer,employee,or famiify merr�6er thereaf have a financiaf interest(as defined by General Municipai Law Section 8fl9)in
this application? m No []Yes If"yes",a statement disckosing the name,residence and nature and extent of this interest must 6e filed
with this application.
APPL1CANT CERTIFICA710N
I/we, the pr-operty owner(s}, ar purchaser(sj/lessee(s) under contract, of the{and in question, hereby request an appearance be4ore
the Zoning Board of Appeals.
By the signature(s)attachec{ hereto, �/we certify that the information provided within this application and accompanyit��
documentation is, to ehe best of my/our icnowledge,true and accurate. 41we further understand that intentionally providing false ot'
misleading information is grounds for immedia[e denia[of this application.
Furthermore, I/we her�by authorize the members of Yhe Zoning Board of Appeals and designated City staff ta�nter the property
associated with this app{icatian for purposes of conducting any necessary site inspections relating to this appeal.
Date: �' ` ~ f l
app i nt signature)
D ate:
(appficant signature)
If applicant is nflt the currently[he owner of[he property,the current owner must also sign.
Owner 5ignature: Date:
Own�r 5ignacure: Date:
Revised 031�Ui8