HomeMy WebLinkAbout20210272 431 Crescent Area Variance Application ,���>r.:� CITY �F SARATOGA SPRINGS
.��` s;�.
�~ � � ° �j. ZONING BOAfZD OF APPEALS
�
A ,;. -:j. ;.
A
— � �� �-.{a,(,(, _ 474 f3ro�ud.�ra�y
' f� . .
- 'r/ ;'�,,� Sa�a�ta-ga.S�ri.v�gy, New-Yo-s-k.228��
r'�' � �`' T2[.: 51S-S87-3550 fa�u 518-5$D-9480
J;��'UR,cSEU ��
I NSTRUCTIQNS
APPEAL TO THE ZONING BOARD FORAN
I NTERPR�TATION, USE VARIANCE,AREA VARIANCE AND/OR,VARIANCE EXTENSI4N
APPLlCA710N RE UIREMENTS
I. EL���B���T1r;To apply for relief from the City's Zonir�g Ordinance, an appiieant must be the property
owner(s) or lessee, or have an option to lease ar purchase the property in question. The Zoning Board of
Appeals {ZBA) shall not accept any applicatior� for appeal that includes a parce! which has a written violation
fram t�he Zoning and Builcling Inspector tha� is not the subject of the application.
2. Co�P�ETE SuBMlSS�oNs:Appficants are�ncouraged to work with City staff to�nsure a complete appl�cation.Tf�e
ZBA wiPl anly consider properfy corripleted applications that contain I ori inal and I di ital version of the followin�:
❑ Campleted application pages I and 8, the pages relating to t�h� requested refief(p. 2 {ar interpretation
or extensio�, pp, 3-5 for use variance, pp, b-7 fo�-area variance), and any additional supporting
materials/dacumentatian. �`�HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED��
I7 Completed SEQR Environmental Assessment Form —short or long forrn as required by action.
I�ttp://www.dec.ny.gov/docs/permits_ej_aperations_pdf/seafpartone.pdf
❑ Detaiied "to scale" drawings of the proposed project—foided 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, indude any natural or manmade features that mighx affect your property(e.g.,
drains, ponds, easements, etc.).
❑ Photographs showing the sit� ar�d sub�ecx of your appeal, and its r�la�ionship to adjacent properties.
3. APPLICATION F�E (NON-REFIJNDABLE�: Make checks payable to the "Commissioner of Finance". Fees are
cum�lative and required for each request below.
❑ Interpretation $50Q
❑ Use variance $I,000
❑ Area variance
- Res�dential use/property $200
- Non-residential use/prQperty$60Q
❑ Extensions $I 50
Check Gty's website (www.saratoga-sprin�s.org) for application meeting dates.
Revised Q1/2019
ZONING B0.4RDAPPf.4L APPLICqTION/NSTRUC71pNS PAGE 1
PUB�IC HEAR�NG ADVERTISEM�N7
The Zaning Board of Appeals is r-equired to hold a public he�ring on each submitted application wi�hin ninety(90)
days from when it is de�ermined �o be properly camplete by City staff.
City staff will prepare a legal notice far the public hearing and arrange to have th@ public F�earing announcement
printed in The Sarato ian legal notices at least S davs before the hearing.
Applicants must pay The Sarato ian for the legal ad and present proof of payment ta the ZBA prior to the public
hearing. !f proof of payment is not presented prior to the hearing, the hearing will be cancelled.
PROPERTY OWNER NOTfFICATION
Applicanrs are requirec!to mail a copy of the public hearir�g legal notice ta all property owners within the follawing
distances from the boundaries of the land in questian:
Type of variance Distance for rcr e owner notification
Us�variance 250 feet
Are� variance & Interpretation I d0 feet
Thfs notice must be sent at leas� 7 da s but not more than 2a da s before the date of the pubRic hearing.
City staff wili email a co�py of the"property awner notification Petter"to the applicant.TF►e applicant must then send
the notification letter to the nearby property owners.Applicants may not include any other materials ir�this mail�ng.
TI�e mailing must be certified by the U.S. Post Office. Prior to the public hearing, applicants must present the Post
Of�ce "cer-tificates of mailing" to the ZBA. !f"cerri�ca�es of rr�ailing" are not pr�sente�l pr�or to the hearing, the
hearing will be canceNed.
Revised q1/2D19
y�ti cf�,:�
���� � ��f� FOR 4FFICE 11SE
CITX OF S�RATOGA SPRINGS
� ` � f
� � ' �, ,;,
, � :
Cc�c� !-Ici.(,(. - 474 f3�-o�oL�,,na,y (Application#)
_ !�,�r,�t .�- sa.i-cvF�ga�s�-i,�,.gy. Ne.�nr York.lz 8�ol�
. � 5-.
�,t4, Te.L: 518-587-.3550 � 51$,58�-9480
��'"'�`�'�t� ` (Date received)
APPLICATIQN FOR:
APPEAL TO THE ZON�NG BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARiANCE AND�OR VARfANCE EXTENS�4N
APPLICANT S �` OWNER(S�flfnota�pplicantl ATTORNEY/AGENT
Name Teakwood Buifders/Thad Smith
Address
75 Church Street 431 Crescent Ave
Saratoga Springs, NY 12866 Saratoga Springs, NY 12866
P�or�e 845-661-4 '
/
Email tsmith@teakwoodbuilders.com d�PaoliS@yahao.com
*An applicant must be the property owner, lessee, or one with an option to iease or purchase the property in question.
Applicant's ir�terest in the premises: m Owner ❑ Lessee ❑ Under option to fease or purchase
PROPERTY INFORMATfON
I. Property Address/Location: 431 Crescenf Ave Tax Parcef No.: _ _
(for example.• 165.52-4-37)
August 4,2014 RR
2. Date acquired by current owner: 3. Zoning District when purchased:
4. Present use of ra e RR
P P rh'� 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed far this praperty?
❑Yes(when? For what? �
m No
7. Is property located within (check all that apply)?: ❑ Historic District ❑Architectural Review�istrict
❑ 500'of a 5tate Park, city boundary, or countylstate highway?
8. Brief description of proposed action:
The primary intent af the project is to add a firsf flaor master bedroom and bathroom to provide aging-in-place
m ti
9. Is there a written violation for this parcel that is not the sub�ect of this application? ❑Yes �No
I0. Has the work, use or occupancy to which this appeal relates already begun? �Yes �No
! I. ldentify the type o(appeal you are requesting (check a//that apply�
❑ fNTERPRETATION �P. 2� ❑VARIANCE EX7ENSIpN �P, 2� � U5E VARIANCE{Pp. 3-6� IZI AREA VARIANCE{PP. 6-]�
Revised 01/2019
� ZDNING Bp,4RD OFi{PPEALSAPPLICATION FpRM PAGf 1
i
FEEs:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
❑ Interpretation $ 500
❑ Use variance $I,Q00
!�Area variance
-Residential use�property; $ zpp
-Non-residential use/property; $ 600
❑ Extensions: � �50
lNTERPRETqTION—PI.EASE AN5wERTHE F4LLOWING(add additional information as necessary);
f. fdentify the section(s) of the Zoning Ordinance for which you are seeking an interpretation:
Settion(s)
2. i-�ow 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 answ�r to#3 is "yes,"what alternative relief do you�-equest?❑ Use Variance ❑Area Variance
EXTENSION OF A VARIANCE—PLEf�E AN3INER THE FOLLOWfNG(add additior�al information as necessary):
1. Date origina!variance was granted: 2. Type of variance granted? ❑ Use ❑Area
3. Date original variance expired:
5. Explain why the extension is necessary.Wf�y wasn't the original timeframe sufficienY?
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 na significant changes on the site, in the
neighhorhood, or within the circumstances upon which the original variance was granted;
Revised 01l2019
�� ZONINGBOA!{DOf"APPEALSAPPLICATlONFORM
PAGE.�
i
USE VARIANCE—pLEq$E ANSWERTHE FOLLOWING(add addi[ional information as necessary):
A use variance is requested to permit the follawing:
For che Zoning Board to grant a request for a use variance, an applicant must prove that the zaning regulations create an unnecessar
hardsh�in relation to that property. In seeking a use variance,New York 5tate law requires an applicant to prove aif four af the following
"tests".
I. That the applicant cannot realize a reasonable financial return on initial investment for an currentl ermitted use on the property.
"Dol�ars¢s"proof must be submitted as evidence.The property in question cannot yi�fd a reasona6le return for the following
reasons:
A. Submit the foflowing financial evidence relating to this property(attach additional evidence as needed):
I) Date of purcf�ase: Purcl�ase amount: $
2} Indicate dates and costs o{any improvements made to property after pur�chase:
Date Im rovement Cost
3)Annuad maintenance expenses:$ 4)Annual taxes:$
5)Annual income generated from propenry:$
6) City assessed value: $ Fqualization rate: Estimated Market Value:$
7}Appraised Value:$ Appraiser: Date:
Appraisaf Assumptions:
Revised O112U14
ZON/N�'BOq/qD OFf}PPE4LSAPPLlC4T10NFpRM
P,ac�4
B. Has property bean listed for sale with DYes !f"yes",for how long?
t�e Multiple Listing Service{MLS)? [❑No
I) Qriginal iisting date(s):
Original listing price:$
If listing�price was reduced, describe when and to what extent:
2} Nas the property been advertised in the newspapers or other pubiieations? ❑Yes ❑No
If yes,describe frequency and narne of publications:
3) Has the property had a"For Sale"sign posted on it? ❑Yes ❑No
If yes, list dates when sign was posted:
4) How many times has tF�e property been shown and with what results?
2. That the financial hardshi relatin to this ro e is uni ue and does not apply to a substantial portion of the neighborhood.
Difficulties shared with numerous other praperties in the same neighborhood or district would not satisfy this reyuirement. 7his
previously identified financial hardship is unique for the followir�g reasans:
Rev'rsed 61l2�29
ZpNlNG B0,4Rp OFAPPFALSAPPVCATlON FORM
P,acF S
3. That the variance, if granted, will not alter the essential charaeter af the nei F�borhood, Changes that wilf alter the character of a
neighborhood or district woufd be at odds with the purpose of the zoning Ordinance. The requested varianee will not alter the
character of tF�e neighborhood for the following reasons:
4. That the alleged hardshi has not been self-created.An applicant(whether the property owner or ane acting on 6ehalf of the property
owner)cannot cfaim "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 sel{-created
for the following reasons:
Revised 01/2019
IZONING$OARD pFf{ppF,4LSf1PPLlCAt10NF'ORM
PAGE 6
AREA VAWANCE�PLEASE ANSWER THE FOLLOWING(add additiona! infarmation as necessary}:
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requiremer�ts From To
Grar�t a variance for tl�e single side set back 30"
6'
(note:actual carrtbined setback signiiicantly exceeds the zaned
Other:
To grant an area variance,the ZBA must balance the bene�ts to the ap,pldcant and the healtFr,safety,and weifare of the neighborhood and
community, taking into consideration the fo!lowing:
I. Whether the benefit sought by the applicant can be achieved by other feasible means. Identify what alternatives to Che variance have
been explored (alternative designs, attempts to purchase land, etc.)and why tf�ey are nat{easible.
The property is bordered by a pubfic road and wetlands on 2 of the 3 triangular sides and the adjoining property on the 3rd side is
addikion at ar�other area of the home/praperty. An expansio�ofif the front of the house at the garage would necessitate a frant
setback variance, an dany expansio�of the back of#he home would absorb a majority of the limited useable yard space.
2. Whether granting the variance wilf produce an undesirable change in the character of the neigf�borhood or a detriment Co nearby
properties. Granting the variance wilf not create a derriment to roearby properties or an undesirable ehange in the neighborhood
character for the following reasons;
The proposed addition will not produce an undesirable change in the character of the neighborhood. Carefiul consideration has
neighboring homes that are simiParly situated along the lakeside.
Revised U1/2019
ZONING BOARD OFAPPEALSAPPVCATlON FORM PA��J
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
While the requested variance is quantitatively sigr�ificant(from 30'to 6')it is minimally substa�#ive or consequential in terms of
maintainin distance between dwellings on adjoiNng praperties as the existing horne on the adjofning property is situated
well-away from the property line and additionally will be obscured by a clusEer of mafure trees. Incidentally, the western extent oi
the property will continue to provide an expansive view of the lake fior passersby on the put��ic road.
� �
4. Whether the variance will have adverse pf�ysical or ernironmenta!effects on neighborhood or district. The requested variance will not
have an adverse physical or environmental effact on the neighborhood or district for the following reasons:
The primary enviro�mental concerns associa#ed with the property are#he included and adjoining wetlands and lakefront. The
pro osed addition was purposefull located to be as far away as possible from those concerns and will ha�e no adverse
environmentai eftects on the neighborhood ar district. —
S. Whether the alieged diffrculty was seii-created(although this does not necessarily preclude the granting of an area variance). Explain
whether the allegeci difficulty was or was not self-created:
The challenge of providing aging-in-place accommodations for this home in a manner that adheres to c�rrent zoning guidelines
was not self-created b the homeowner. f#is a functfon of limited bui�d able space on an otherwise substantiall sized propert 7
+acres).
Revised 01/2619
,�ON/NG BOARD CJFAFPF41S.4PAClG4T'ION FORM PAGE B
D�$C�0$���
Does any Ciry o�cer,employee,ar famify member tl�erenf have a financial interest(as defined by General Municipal Law 5ect;on 8Q9)in
this appfication? m No �Yes If"yes",a statement disclos�ng che name,residence and nature and extent of this interest must be fifed
with this application.
APPLICANT��R7IFICA7iON
f/we,the propei-ty owner{s),or purc�aser(s)/lessee(s)under eontract,of the land in q�estion, hereby request an appearance befare
the Zoning Board of Appeals.
�y the signature{s)attached hereto, I/we certify that the information provided within this application and accompanying
documentation is, ta tFtie best af myJour knawledge, tn�e and accurate. l/we fur�her underscand that intentinnalfy providing false or
misleading infarmation is grounds tor immediate denial of this applicacian.
Furcherr�ore, i/we hereby authorize tt�e members of the Zoning Board oiApp�eals and desigRated City staff to enter the property
associated with this application ior p�,rposes af conducting any necessary sice inspect�ons relaring to this aFspeal.
'- �--- , �
� , C� � �' , 3,�I
- � Date: !ZJ
(applicant signature)
Date:
(ap�licant signature)
If appficanc is nat rhe curr�ntly the owner of the�properry,the current awner must afso sign.
r�
}-� j"s� /� �
Owner Signacure: } �'`�1 �'J'� �i,{�`, Dare: ������ {
'�� --� .
Owroer Signature: �'—--"°--�,--' _ t �' �---ti Dace: ��f�!Z(
Revlsed D1C2Ut9
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: TAX PARCEL Np,; _ _
PRpPERTYADDRE55: ZONING DISTRICT:
This applicant has applied to use the identified property witF�in the City of Saratoga Springs for the foflowing:
This appHcatio� is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance artide(s)
.As such, the following relief woufd be required to proceed:
❑ Extension of existing variance ❑ Interpretatior�
0 Use Variance ta perrr�it the following:
❑Area Variance seeking the following relief:
Dimensionad,Requirem�nts �rom 70
Other:
Note:
❑Advisory Opinion required from Saratoga County Planning Board
ZONING AND BUII.DfNG INSPECTOR bATE
Revised OI/2019