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Home My WebLink About20210293 259 Caroline Area Variance Application **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** jFOROFFICE USEl ocA, CITY OF SARATOGA SPRINGS (Application#) ZONING BOARD OF APPEALS CITY HALL-474 BROADWAY (Date received) x SARATOGA SPRINGS, NEW YORK 12866-2296 '�a�� 'w, TEL: 518-587-3550 X2533 Co�pQ�AT�a a` www.saratoga-springs.org (Project Title) APPLICATION FOR: INTERPRETATION, USE VARIANCE, Check if PH Required 1-1 AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review APPLICANT(S)* OWNER(S) (if not applicant) ATTORNEY/AGENT Vision Planning Consultants LLC Jason Ortiz Vision P I a n n i n Name PO Box 442 Newtonville NY 12128 259 Caroline Street PO Box 442 Newtonville NY 12128 Address Saratoga Springs NY 518-857-4486 917-337-7 Phone / a/ 518-857-4486 / visionplanningconsultants@gmail.com jmobile95@gmail.com visionplanningconsultants@gmail.com Email Primary Contact Person: E✓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: m Owner 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 259 Caroline Street I. Property Address/Location: Tax Parcel No.: -(for example: /65.52-4—37) 2020 UR-3 2. Date acquired by current owner: 3.Zoning District when purchased: Single family home UR-3 4. Present use of property: 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? ❑Yes(when? For what? ❑ 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? The proposal is to install a 16'x 32' in ground swimming pool.We are $,e�ltii�dlialgtftiOdOn of proposed action: yard and rear yard setback variance. The requirement is 8 feet to the waters edge and we are proposing 5 feet. 9. Is there an active written violation for this parcel? 0 Yes 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(checkall that apply): 0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) 0 USE VARIANCE (pp. 3-6) 2 AREA VARIANCE(pp. 6-7) Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 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? EYes ❑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 OFAPPEALSAPPLICATION FORM PAGE 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&cents"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 OFAPPEALSAPPL/CAT/ON FORM PAGE{ B. Has property been listed for sale with EYes If"yes",for how long? the Multiple Listing Service(MLS)? [ONo 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? ❑Yes ❑No If yes,describe frequency and name 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 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 OFAPPEALSAPPLICATION FORM 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 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 OFAPPEALSAPPLICATION FORM PAGE AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): 2.0 Base zoning districts The applicant requests relief from the following Zoning Ordinance article(s) Table 3 notes; pools Dimensional Requirements District Requirement Requested The code references there needs to a 8 foot setback to the 8 feet to waters 5 feet to waters property lines from the waters edge edge edge 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. Originally the proposal was for a rectangular pool which placed it 3 feet to the rear yard property line and half of the pool was obstructed by the garage from the deck area. Therefore, we felt this was a safety hazard by not allowing a visual observation of the individuak in the pool. Su, vvezfeoded trrretnuate - ... . . . - . . - . - ..-. ... . - - plan. This design allows for a full visual of the pool and increases the rear yard setback to 5 feet. Therefore,we feel this is the best option. In addition our rear yard does not back up to another building in our neighbors rear yard which would cause any undue hardship to our neighbor. 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: Our proposal will not cause any undesirable change to the character of the neighborhood or cause a safety concern.Typically swimming pools are a vary common accessory structure within a residential neighborhood. Also, as mentioned based on our neigliboi to the lea' and side, vve aye nut obstiuctiny any vievvs o. aie gelliny close to any autivity on these property. WC alio have landscaping as screening. Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: It is our opinion the 3 feet difference in the setback which we are seeking is not substantial. Especially due to it not being an above ground structure such as a garage or addition. 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: Based on the installation of a pool there will be no adverse impact on the environment.The pool is at grade level and will be landscaped professionally. 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: I assume one could consider this as a self created hardship because we are requesting to locate the pool as suggested. However, we feel the slight reduction in the setback we are seeking, is minimal and will have no negative direct impact on any neighbor. Revised 01/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGER 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? m 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. 3/20/21 Date: (applicant signature) Date: (applicant signature) If applicant is not the currently the owner of the property,the current owner must also sign. Owner Signature: Date: Owner Signature: Date: Revised 01/2021 0G4 sA� CITY OF SARATOGA SPRINGS • ZONING BOARD OF APPEALS „cto ) A n Ha-U, - 474 13ro-a-d-vva9 -44'11* .^r Sara-oga New-Yo-rki 1-2.866 TeL: 518-587-3550 X2533 °0'5'PoaA-v.n `c" ww :sarc4aga.-yp-ri,vtgyorg 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 1 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 ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE 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 legal notice section of a local publication at least 5 days before the hearing. 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 100 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 01/2021 2021 LAND USE BOARD FEE WORKSHEET OPED Fees Type 2021 Fee Application to Zoning Board of Appeals[1][2] TOTAL #VARIANCE Use Variance $1100+$50/app Area Variance-Residential $275/var+$50/app+$125 eachadd'I variance Area Variance-Multi-Family,Comm,Mixed-Use $660/var+$50/app+$200 eachadd'I variance Interpretations $550+$50/app Post-Work Application Fee Add 50%App fee+$50/app Variance extensions 50%ofApp fee+$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 UsePermit-extension $330 Special UsePermit-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. $0.00 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