HomeMy WebLinkAbout20210257 Stefanik Area Variance Application **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** iron vrrf wct
CITY OF SARATOGA SPRINGS (Application#)
ZONING BOARD OF APPEALS
CITY HALL-474 BROADWAY (Date received)
t R SARATOGA SPRINGS, NEW YORK 12866-2296
• TEL: 518-587-3550 X2533
ycO.PoRareo `9 www.saratoga-springs.org
(Project Title)
APPLICATION FOR:
INTERPRETATION, USE VARIANCE, Check if PH Required
AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review
APPLICANT(S)* OWNER(S)(If not applicant) ATTORNEY/AGENT
Michael Stefanik
Name
81 Monroe Street
Address
Saratoga Springs, NY 12866
518-727-7456
Phone
Stefanik_m@yahoo.com
Email
Primary Contact Person: H✓Applicant [Owner [Attorney/Agent
*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 0 Under option to lease or purchase
PROPERTY INFORMATION
79 Monroe Street Saratoga Springs, 179 29 1 22
I. Property Address/Location: NY 12RRR Tax Parcel No.: - -
(for example: 165.52—4—37)
11/10/2020 UR-2
2. Date acquired by current owner: 3.Zoning District when purchased:
garage to be demolished UR-2
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes(when? For what? )
0 No
7. Is property located within (check all that apply)?: 0 Historic District 0 Architectural Review District
0 S00'of a State Park,city boundary,or county/state highway?
8. Brief description of proposed action:
Single family residential unit.
9. Is there an active written violation for this parcel? 0 Yes V No
10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes e No
11. Identify the type of appeal you are requesting(check all that apply):
0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION(p. 2) 0 USE VARIANCE(pp. 3-6) 12 AREA VARIANCE(pp. 6-7)
Revised 01/2021
ZONING BOARD OFAPPEALS APPLICATION FORM PAGE 2
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:
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 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 01/2021
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:
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 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):
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: $ Equalization rate: Estimated Market Value:$
7)Appraised Value:$ Appraiser: Date:
Appraisal Assumptions:
Revised 01/2021
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4
B. Has property been listed for sale with DYes If"yes",for how long?
the Multiple Listing Service(MLS)? IONo
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? CIYes 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 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 01/2021
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 5
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 01/2021
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
%building coverage principal
The applicant requests relief from the following Zoning Ordinance article(s) hitilrtinn R min yarn cpthack
Dimensional Requirements District Requirement Requested
MAXIMUM BUILDING COVERAGE% PRINCIPAL BUILDING 30% 31%
MINIMUM YARD SETBACK FRONT 10 FT 4.5 FT
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.
No.We originally had this home designed without a front porch.This design would have met all required setbacks and coverage
ordinances. In spending must time and energy looking into alternative options for the design of this home which included talking
the front porch off completely,we decided that it is very important to us to have a front porch included in this design.We would not
be fully satisfied with an alternative design without one.
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 this variance will not create a detriment to the nearby properties.The property line is approximately 13 feet from the
street.The porch is another 4.5 feet from that. In summationthe porch is 17.5 feet from the street.The porch design is a 6 foot
porch to allow for chairs.We have included photos of neighborhood homes reinforcing the fact that this design will not change,
rather enhance,the neighborhood. Not only will this home add character to the neighborhood,the photos support the fact that
there are similar porches in the area which range from 13 ft to 16.5 ft from the street. Other structures/garages range from 4ft to
12 ft to the street.This proposed home structure is well within the vernacular already set in this neighborhood based on pre-
existing structures.
Revised 01/2021
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
Maximum%Coverage is not a substantial variance at all.We are asking for 31%coverage versus 30%district requirement for
the UR-2 district.The front yard setback is also not substantial.The porch ends up physically being approximately 17.5 feet back
from the road.The egress well is 8.1 ft from the property line. It is another 13.5 ft to the road.Therefore,the egress well is a total
of 21.6 ft from the street. We cannot move this well due to code.
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 home designed is outstanding.We feel this is a neighborhood that will see continued rebuilding. We feel this home will set a
positive president in increasing the aesthetic value of the neighborhood.
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:
Yes. This difficulty was self created.As previously stated it is very important to us to have a front porch. We feel that when looking
at the streetscapes in the surrounding neighborhood,this porch is no closer to the road than other preexisting structures.Again in
looking at streetscapes we feel this front porch will add desired character and aesthetic appeal to the home and neighborhood.
We feel that the front porch adds to the character of this home and is something that we are looking most forward to in enjoying
our homc for ycars to come.
Revised 01/2021
ZONING BOARD OF APPEALS APPLICATION FORM PAGE B
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? 0 No 0 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:
(apple nt signature)
1/ Date:
3-4/-zi
..pli :n ` nature)
If applicant is not the currently the owner of the property,the current owner must also sign.
Owner Signatur • .,Je ..(ritl----- Date: .J14/12.1
Owner Signature: Date:-5' Z
Revised 01/2021
\t0c4 CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
G114y Ha.LL - 474 bra -dwa-y
T.> , 'r i Sara-a-Spri.A.gs?, New Yo-rk/128(o6
•
eco woRATEo .e`'' Tel: 51-8—587—3550 X2533
www.sara4-aga-'y 0-vii`,9yc-rg
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 a complete application.
The ZBA will only consider properly completed applications that contain 1 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".
REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT.
Check City's website (www.saratoga-springs.org)for meeting dates.
Revised 01/2021
2021 LAND USE BOARD FEE WORKSHEET
OPED Fees Type 2021 Fee
Application to Zoning Board of Appeals[1][2] TOTAL 8VARIANCE
UseVariance $1100+$50/app
Area Variance-Residential 2 $275/var+$50/app+$125 eachaddIvariance
Area Variance-Multi-Family,Comm,Mixed-Use $660/var+$50/app+$200each add9 variance
Interpretations $550+$50/app
Post-Work Application Fee Add 50%App fee+$50/app
Variance extensions 50%ofAppfee+$50/app
Application to Design Review Commission[1] TOTAL #STRUCTURE
Demolition I $385
Residential Structures
Principal $55
Accessory $55
Extension $35
Modification $55
Multi-Family,Comm,Mixed-Use Structures
Sketch $165
Principal $550
Extension $200
Modification $330
Multi-Family,Comm,Mixed-Use Accessory,Signs,Awnings
Principal $140
Extension $75
Modification $140
Post-Work Application Fee Add 50%App fee
Application to Planning Board[1] TOTAL ((STRUCTURE
Special Use Permit[2] $990+$50/app
Special Use Permit-extension $330
Special Use Permit-modification[2] $450+$50/app
Site Plan Review-incl.PUD:
Sketch Plan $330
Residential $330+$200/unit
Residential-extension $200
Residential-modification $400
Non-residential $660+$130/1000 sf
Non-Residential-extension $300
Non-Residential-modification $650
Subdivision-incl.PUD: TOTAL #LOTS
Sketch Plan I $330
Preliminary Approval[2]
Residential:1-5 lots $660+$50/app
Residential:6-10 lots $990+$50/app
Residential:11-20 lots $1320+$50/app
Residential:21+lots $1650+50/app
Residential-extension $330
Final Approval[2]
Residential $1320+$175/lot+$50/app
Non-Residential $2000/lot+$50/app
Final Approval Modification[2]
Residential $330+$50/app
Non-Residential $550+$50/app
Final Approval Extension
Residential $135
Non-Residential $330
Other: TOTAL #LOT/ACRE
Post-Work Application Fee Add 50%App fee
Lot Line Adjustment $350
Letter of Credit-modification or extension $440
Letter of Credit-collection up to 1%ofLoC
Recreation Fee $2000/lotorunit
Land Disturbance $660+$55/acre
SEQRA EIS Review(Draft&Final) TBD
Legal Noticing if PB requires Public Hearing $50/app
[1] Fees are based on per structure,except where noted. $200 TOTAL DUE
[2] Legal ad required;includes City processing and publishing
For Administrative Use
Total Paid at Intake
Revised Fee
Balance Due
/ /Balance Paid Staff approval