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HomeMy WebLinkAbout20210374 Principessa Area Variance Application t ''f'. CITY OF SARATOGA SPRINGS "J l s. ''i Cvfy Nat), - 474 eraud.wnxy (Application#) NP +'` ,5 i.wgy, +nrYa- 128166 `;;� i. 5oa-a�-aga 5�r ',-, Y Si8-587 355D Si 8-58+� 448D r Tp.., "' (Date received) 4F`r'•,.;; APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION,USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPL1CANT(S) OWNER(s)(If not applicant) ATTORNEY/AGENT Principessa Elen Society Name 13 Oak Street Address 518-469-4405 Phone I I j man 805272 @gma I I.cora Ern ail An applicant must be the properly owner,lessee,or one with an option to lease or purchase the property in question. Applicant's interest in the premises: IZ Owner 0 Lessee ❑Under option to lease or purchase PROPERTY INFORMATION 13 Oak Street 166 59 2 59 I, Property Address/Location: Tax Parcel No.: - - (for example:165.52-•4--37) 5120146 2. Date acquired by current owner: 3.Zoning District when purchased: Private Social Club UR-3 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? ) ®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? S. Brief description of proposed action: Looking for relief on the 5 foot setback rule on our semi portable outdoor sitting/eating structure. Paver patio and Pergola Right nowthe semi portable structure is about 2 feet frgn the property line of Mr.William Moore.The.[laver.patiod,5 close to our property lines and the Pergola is not permanently fixed to the ground and is about 9 feet from the back side of our property. 9. Is there a written violation for this parcel that is not the subject of this application? ❑Yes IZ No 10. Has the work,use or occupancy to which this appeal relates already begun? ®Yes ❑No I 1.Identify the type of appeal you are requesting(check all thatapp0: ❑INTERPRETATION(p.2) ❑VARIANCE EXTENSION(p.2) 0 USE VARIANCE(pp.3-6) ®AREA VARIANCE(pp.6-7) Revised 111/201 ZONINGSQ4.o OF APPEALS APPLICATION FORM PAGE 2 FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below. Il Interpretation $ 500 ©Use variance $1,000 ®Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 ©Extensions: $ ISO 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? [ Yes ❑No 4. If the answer to#3 is"yes,"what alternative relief do you request?❑Use Variance El Area Variance EXTENSION QF 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 011201 ZONING BOARD OF APPEALSAPPVG4TION FORM PAGE d B. Has property been listed for sale with Dyes If"yes",for how long? the Multiple Listing Service(MLS)? 21N° 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? I]Yes ❑No If yes,describe frequency and name of publications: 3)Has the property had a"For Sale"sign posted on it? 0Yes ©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 Proverry 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 F)1/21)1 ZONING BOARD OFAPPEAIS APPLICATION FORM PAGES 3. That the variance,if granted,wilt 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 x11201 ZONING BOARD OFAPPFAI.S APPCIG477ON FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): 2.2 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements from To sideyard setback 5 2 rear setback 70 g Other: To grant an areavariance,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. If we were to move the semi portable structure it could possibly cause a code violation by hampering the egress of our building. The Pergola if moved could possibly disrupt the egress as well 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: The structures are not seen from neighboring properties unless you have a ladder_ The pavers do not cause any sight issues to surrounding properties Revised 01/201 ZONING BOARD OF APPEALS APPLIG4 riaw FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The structures hold no significant issue with surrounding properties. On the other side of the fence is a driveway. 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 structures are within our property lines and protected by a 6'privacy fence. 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: We installed this semi portable dining structure under the guidance of Building Inspector Steve Shaw several years ago. so yes it was self created but given verbal approval. Revised❑!/2[)1 ZONING BOARD Of'Af PFAC SAPPLICATION 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? ®Na ❑Yes If"yes",a statement disclosing the name,residence and nature and extent of this interest must be filed with this application. APPLICANT CERTIFICATION Ifwe,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 myfour knowledge,true and accurate.lfwe further understand that intentionally providing false or misleading information is grounds for immediate denial of this application. Furthermore,Ifwe 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 inspectionsrelating to this appeal. 8/26/20 Date: (applicant signature) Date: (applicant signature) If applicant is not the currently the owner of the property,the current owner must also sign. 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