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Home My WebLink About20181069 3079 Shephard Res_26 Joshua Rd Application [FOR OFFICE-USE] CITY OF SARATOGA S O�IV � �- x74f3 (Application #' '� -ret: 518-- -35-50 fi�Lw5-18-580-q4SO P ATED (Date received) APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN I NTE IPkETATIN, USE VALIANCE,AREA VALIANCE AND/Ofd VALIANCE EXTENSION APPLICANTLS)! OWNER not ggplican 0 ATT I NEY/AGENT Robert L. Flansburg ,doe Shepard&Patti Landon Robett L. Name Flansburg, P.E. 6 Ieghan Court 26 Joshua Road 6 Meghan Court Address Saratoga Springs, New York 12866 Saratoga Springs, New York Saratoga Springs, N.Y. 12866 Phone (518)-581-8079 -581-8079 1 dreamscapes.1a@1ive.com jfshepard@gmail.com dreamscapes.1@Imre.com Email 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 ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 26 Joshua road 178 52 1 16.2 1. Property Address/Location: Tax Parcel No.: i# - vr example: 16.5.52-4-3 ' 4/14/17 UR-2 . Date acquired by current owner: 3. Zoning District when purchased: Single Family Residential idential UR-2 . Present use of property: 5.Current Zoning District: . Has a previous ZBA application/appeal been filed for this prepertyp. ❑Yes(when? For ghat? M No . Is property located within (check all that apply)?: ❑ Historic District ❑Architectural Review District ❑ 500'of a State Part,city boundary,or county/state highway: . Brief description of proposed action: Applicant mored into their new home, and were granted a temporary certificate of occupancy by the building department.The sma I I land 0 ng a nd staircase leadi n g out of the mjud room.encroaches with'n ftQ,mqu ired.side.yard setback by_a_kw inches. This landing and stairs are required by the building code. Therefore,we are seeping relief from the side yard setback to enable these steps,which are required by the building code,to remain. . Is there a written violation for this parcel that isnot the ubj ct f this application? ❑Yes 56 Na 10. Has the work, use or occupancy to which this appeal relates already begun? [Z`fes E]No I I. Identify the type of appeal you are requesting check all that apply}: ❑ INTERPRETATION p. ❑1 A ANCE EXTENSION p. ❑ USE VARIANCE pp. - m AREA VARIANCE pp. -7 Devised 12/20 15 ZolvING BoA RD o APP acsA PP4r rlov FoRm PAGE AREA VARIANCE—PLEASE ANSWER THE FOLLOV ING(add additional information as necessary): The applicant requests relief from the following Zoning ordinance article(s) Dimensional Reg irements From To Minimum Side Yard Setback(Principal Building) 8 feet 7.5 feet Total Side Yard Setback(Principal Building) 20 feet 17.7 feet 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.- 1. ollowing.1. 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 lana,etc.)and why they are not feasible. Ihe benefit agught cannot be achweved by any other feaSibip,MeaDS,The Overall home was.built such that all overhangs fell witbin the allowable building footprint and meets all other zoning requirements. However,the home was designed with a side door to the yard out of the mud room to accommodate the owner's pets,etc. landing a minimum of 3ft in depth in the it ion of travel1s required by the building code. At the time,the site specifics were no made known to the designer. U 1C Id UL P C3 department, and the home was sited.The hone was finished this past fall, and constructed with the side door to the yard, and the rani However,the significance of this, as it relates to the side yard setbacks and the dimensions of this particular lot,were not realized b an one during the permitting process, durinq any of the ins ction or during the construction process until the home was completed and a certificate of occupancy was requested. It was discovered by the building inspector at that time. A temporary certificate of occupancy has been granted,and the owners have lived in the hone for several months at this point. . whether granting the variance will produce ars 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 chara►cter for the foIIowl ng reasons: The granting of this varianoe will in no way produce an undesirable change in the character of the neighborhood or be a detriment to nearby proper-Imes- Th-e-existing landing i5 e�dremely small and is lo-cated well within 1he blaCk ajuMIDUM fenrjng Yvbirb defi]jes the yard. This area is also adjacent to the adjoining neighbors driveway, and is therefore a significant distance to the adjacent neighboes home. This landing is also located at about the midpoint along the length of the home and is therefore located quite a distance back from the street. Revised 12/2015 dNING 8oARD oFA PPEA Ls A PPLtc4 TioN FoRm PAGE . Whether the variance is substantial. The requested variance is not substantial for the following reasons: The requested area variance is not substantial as the larding is extremely small relative to the size of the home. The requested relief from the required total side and setback re resents 'l. ft. of the re uired 0 . and the relief sou ht from the minimum side}lard setback represents(6.25%) (o. ft. of the required 8 ft.. The size of the landing for which this variance i requested is extremely small. It is also located near the riddle, along the length of the hone, and is therefore quite some being requested. . 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: There will be no adverse environmental effects on the neighborhood or district as a result of this variance. It should be noted that the size of this landing and the associated steps is extremely small relative to the size of this hone, and the other homes In the area. It does not have a large visual impact on the neighborhood and, in the bib scheme, is barely noticeable. It will not effect site drainage adversely in any way. S. 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 was self-created in that it was an oversight and slipped through the entire process. The home was dei 9 nd to have side yand access to the mud room for the owner's pets, etc.At the time, the sites ecifi CS were not made anon to the designer. landing a minimum of aft in depth in the direction of travel is required by the building code. However,the significance of this, as it relates to the side yard setbacks and the dimensions of this particular lot,were not realized by anyone durin the permitting process, during the requi d inspections, or during the construction process, until the home was completed and a certificate of occupancy was requested. The distance of the landing to the side yard is within "of meeting the minimum side yard requirement. It has been demonstrated that there are no adverse effects by granting this minimal variance. The benefit to the applicant by grantingthis variance far outweighs the ma nitude of the variance being re nested. Revised 12/2015 ZONING AND BUILDING INSPECTOR DENIAL F APPLICATION FOR LAND USE AND/Olk BUILDING Robert L. Flansburg APPLICANT: TAx PARCEL .. 178 52 1 16.2- PfPETADDREs: y6 Joshua YRV■V11•d IIggil�I�gqiiYr� ZONING ITT: �-1 IIS NN� lipli..Y This applicant Inas 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 C] Interpretation 0 Use Variance to permit the following: IE Area Variance seeking the following relief: Dimensional Reguirements From To Minimum Side Yard Setback(Principal Residence) 8 feet � 7.5 feet Total Side Yard Setback(Principal I esidenoe) 20 feet 17.7 feet ... Other: Note: ❑Advisory Opinion required from Saratoga County Planning Board ZONING AND BUILDING INSPECTOR DATE Revised 12/20 15 ZoNINGSoARD aFAPP64LsAPPvcATIONFR I PAGE 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? L6 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/vire,the property owner(s),or purchaser s lessee s under contract,of the iand 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/vire 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. Robert L. F I n bu r , Digitally signed by Robert L. 12103/18 Flansb r ,P.E. P.E. date:2018.12.03 11,52:31-05#00' 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 121201.5