HomeMy WebLinkAbout20190050 Love Area Variance Application IA-0G.,I CITY OF SARATOGA SPRINGS
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ZONING BOARD OF APPEALS
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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 staffto ensure a complete application.The
ZBA will only consider properly completed applications that contain I original and I dWtA version of the following:
0 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"
0 Completed SEAR Environmental Assessment Form—short or long form as required by action.
http-://www.dec.ny.gov/docs/permits_ej_operations_pdf/seafpartone.pdf
0 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.).
0 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.
0 Interpretation $480
I-] Use variance $1,000
® Area variance
- Residential use/property $175
- Non-residential use/property$600
0 Extensions $ISO
gs
SUBMISSION DEADLINE: Check City's website www-Ea[a12gLaP_rings.oror for application deadlines and meeting dates.
Revised 03/2018
ZONING BOARD APPEAL A PPL IcA TIoN INs TR ucrloNs PAGE 2
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 thepublic hearing announcement
printed in The Saratoeian legal notices at least 5 days before the hearing.
Applicants must pay The SaraMgian 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:
T
ype 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 da s 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
Nr GA Iy OR OFFICE USE
CITY OF SARATOGA SPRINGS
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ORA` G (Date received)
APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANTS OWN E R(S)(If not ap,plicanL) ATTORNEY AGENT
John F. Love&Kara Conway Love
Name
16 Diamond Place
Address
Saratoga Springs, NY 12866
Phone (518)573-0885 (518) 573 5O1 (518) 573 0885
Email kcl@a conwaylove.com lovejf2617@gmail,com
*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: Z Owner ❑ Lessee ❑ Under option to lease or purchase
PROPERTY INFORMATION
16 Diamond Place 166 .53 1 31
I, Property Address/Location:_Sa ataca Spinas. NY 12866 Tax Parcel No.: 6 -(for example: I6S.52--4—37)
May 24,2017 U R3
2. Date acquired by current owner: 3, Zoning District when purchased;
Residential UR3
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?
Z No
7, Is property located within(check all that apply)?: ❑ Historic District ❑Architectural Review District
❑500'of a State Park, city boundary,or county/state highway?
8. Brief description of proposed action:
Relief sought to accommodate the as-built condition of the single family residence,
9. Is there a written violation for this parcel that is not the subject of this application? ❑Yes No
10. Has the work, use or occupancy to which this appeal relates already begun? JZ Yes No
l l. Identify the type of appeal you are requesting (check all that apply:
❑ INTERPRETATION(p. 2) ❑''VARIANCE EXTENSION(p. 2) ❑ USE VARIANCE(pp. 3-6) ®AREA VARIANCE(pp•6-7)
Revised 12/2015
ZONING BOARD OF A PPEA Ls A PPL IcA T101v FoRm PAGE 2
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
0 Interpretation $ 480
0 Use variance $1 t000
®Area variance
-Residential use/property: $ 175
-Non-residential use/property: $ 600
0 Extensions-, $ 150
INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
1. 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? r]Yes ❑No
4. If the answer to#3 is"Yes,"what alternative relief do you request?O Use Variance 0 Area Variance
EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
1. 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 03/2018
ZONING BOARD OFAPPEALsAPPLIc4 TION 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 unnecessa
hardshi 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):
1) 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 03/2018
ZONING BOARD OF A PPEA Ls A PPL IcA TION Fosm PAGE
B. Has property been listed for sale with 0Yes If"yes",for how long?
the Multiple Listing Service(MLS)? UNo
1)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? 0Yes E]No
If yes,describe frequency and name of publications:
3) Has the property had a"For Sale"sign posted on it? L3Yes 13 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
ZONING BOARD oEARPEALsARRLfcATIoN 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 alleized 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 03/2018
ZoNmvGaOA RD oF A PPEA Ls A PPL IcA ncN/oRm PA GE 6
—PLEASE ANSWEnTHE FOLLOW NG(ad d addmo n alinfo rm ationasnec essary)�
2.OBase Zoning District
The applicant requests relief from the following Zoning Ordinance anic|e(s)
Dimensional Requirements From To
Maximum Lot Coverage for detached garage 1096 10.1%
Minimum front setback 4ftOinches 3ft7inches
Minimum side setback 4ftOinches 3f 8-1/2 inches
Ocher:
Please refer to the"SURVEY OFLANDS OFJOHN r. LOVE AwDmARA CONWAY LOVE" dated December 11, 2018.
Togrant anarea variance,the ZBAmust balance the benefits tothe applicant and the health,safety,and welfare ofthe neighborhood and
community, rai<inginto consideration the following:
\ Whether the benefit sought by the applicant can be achieved by other feasible means. Identify what alternatives oothe variance have
been explored (alternative designs,attempts to purchase)anu, etc.)and why they are not feasible.
The benefits sought by the applicant cannot be achieved by other feasible means. The relief requested cannot beachieved byany
-othpar means bpacause the-garage and hQuse have already beiec constucted.
Due to an oversight during construction, the garage (including overhangs) covers 10.1% lot coverage (505 sq. re which
exceeds the maximum building coverage (500 sq. feet)for an accessory building I%.
Due toanoversight during construction, the 4 to5inch distance variance ofthe overhangs tothe property line were not noticed
intil the fin-gl,Survey Thr,-frnnt Qptryvv@�,n%1prhanci ni thin hoi ise is 5,inrhps ni�pc thp hudding sethack line-,-nnri thp ppqt czirip-
overhang at the front corner of the house is 3-1/2 inches over the building setback line. Without overhangs, the house is fully
within the required setbacks. Includingoverhangs,the house complies with the Maximum Building Coveraqe of 30%.
l. Whether granting the variance will produce anundesirable change inthe character ofthe neighborhood oradetriment tunearby
properties. Granting the variance will not create adecr)menc to nearby properties or an undesirable change in the neighborhood
character for the following reasons:
The existing single family home and detached garage are in keeping with the existing homes in the neighborhood. The requested
Revised 03/2018
ZoNING Bo A RD oF A PPEALs A PPL IcA TIoN FoRm PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
The requested variance for the detached garage is not substantial, being only 5.1%increase in the allowable lot coverage for a
UR-3 accessory structure(detached garage).
The front and side overhangs on the house that pro ect into the setback are not substantial given the overall size of the lot.
Several of the neighboring properties do not meet the current setback area requirements. The overhangs that protrude into the
setback are only 4-5 inches. Exclusive of the overhangs,the house is fully contained within the required set back 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:
The detached garage will not have an adverse physical or environmental effect on the neighborhood or district because the
neighborhood is predominantly residential and the majority of homes are on substandard lots.The newly constructed home was
designed as a carriage house to blend in with the varied architectural vernacular of the immediate 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,the alleged difficulty was self-created due to an oversight during construction. This inadvertently resulted in the foundation
being skewed on the lot by 5 inches. As a result,the overhangs on the front and a small port-Ion of the east side of the house
extend 5 and 3-1/2 inches, respectively, over the building setback line. This was not known until the final survey was completed.
Likewise,the detached garage was inadvertently constructed an extra five square feet in size, which was over the 10%maximum
buildinq coverage ratio for accessory structures. This was not known until the final survey was coMleted.
Revised 03/2018
ZONING BOARD oFAPPEAI-s A PPL1c4 TIoN 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? 0 No 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)/Iessee(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.
( i Date:
(a plicant signatu
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 03/2018
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
JOHN F. LOVE, KARA CONWAY LOVE 166—.53 1 31
APPLICANT: TAX PARCEL No.:
16 DIAMOND PLACE UR-3
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 article(s)
As such,the following relief would be required to proceed:
0 Extension of existing variance 0 Interpretation
0 Use Variance to permit the following:
0 Area Variance seeking the following relief:
Dimensional Requirements From To
Other:
Note;
0 Advisory Opinion required from Saratoga County Planning Board
ZONING AND BUILDING INSPECTOR DATE
Revised 03/2018
snort Environmental Assessment Form
Part I -Project Information
Instructions for Completing
Part I —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 item,please answer as
thoroughly as possible based on current information.
Complete all items in Part 1.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 I—Project and Sponsor Information
Name of Action or Project:
AREA VARIANCE FOR 16 DIAMOND PLACE
Project Location(describe,and attach a location map):
16 DIAMOND PLACE,SARATOGA SPRINGS,NY 12866(TAX PARCEL 166.53-1-31)
Brief Description of Proposed Action:
OBTAIN AREA VARIANCE TO ACCOMMODATE THE AS-BUILT CONDITION OF THE SINGLE FAMILY RESIDENCE AND DETACHED GARAGE
Name of Applicant or Sponsor: Telephone: 518.573.6016
JOHN F. LOVE,KARA CONWAY LOVE E-Mail: KCL@CONWAYLOVE.COM
Address:
16 DIAMOND PLACE
Cit IPO: State: Zip Code:
SARATOGA SPRINGS NY 12866
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
may be affected in the municipality and proceed to Part 2. If no,continue to question 2. z
2. Does theproposed action require a permit,approval or funding from any other government Agency? NO YES
If Yes,list agency(s)name and permit or approval: z
3. a.Total acreage of the site of the proposed action? .125 acres
b.Total acreage to be physically disturbed? 0 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? .125 acres
4. Check all land uses that occur on,are adjoining or near the proposed action:
5. Urban F-1 Rural(non-agriculture) Industrial ED Commercial m Residential(suburban)
Forest E] Agriculture Aquatic E3 Other(Specify):
Parkland
F"age 1 of 3 SEAF 2019
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? Z 0—
b. Consistent with the adopted comprehensive plan? Z El
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
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? El
b. Are public transportation services available at or near the site of the proposed action? [Zl—
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed El 21
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:
N/A
10. Will theproposed 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:
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
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(SHPO)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:
Page'.21 of 3)
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
ElShoreline ED Forest E]Agricultural/grasslands E] Early mid-successional
El Wetland [Z] Urban El Suburban
15. Does the site of the proposed action contain any species of animal,or associated habitats, listed by the State or NO YES
Federal government as threatened or endangered? 21 1--]
16. Is the project site located in the I 00-year flood plan? NO YES
21
17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
IV I
a. Will storm water discharges flow to adjacent properties?
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? El Z_
If Yes,briefly describe:
Roof rain gutters and sub-surface drainage pipe included in construction and connected to a newly installed
800 Tallon drvwell an Property
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:
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 property been the subject of remediation(ongoing or NO YES
completed) for hazardous waste?
if Yes,describe:
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name: JOHN F.LOVE and KARA CONWAY LOVE Date: 14— /7
Signature: Title:
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