HomeMy WebLinkAbout20210272 Teakwood Residential Area Variance Revised Application �i,t- Ir I 1',. [FOR OFFICE USE]
-fi/ ' CITY OF SARATOGA SPRINGS
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(Application#)
}• ._ Saratoga-Spri,A.gp, New-Yark,1,28 66
Tel,: 512-587-3550 Fa�u. 518-580-9480
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"'`'` (Date received)
APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANT(S)* OWNER(S)(/1 not applicant) ATTORNEY/AGENT
Name Teakwood Builders/Thad Smith
Dan&Fileen DePaoli
Address 75 Church Street 431 Crescent Ave
Saratoga Springs, NY 12866 Saratoga Springs, NY 12866
Phone R9R_AR7_?RRn Ell845-661-4 ,
Email tsmith@teakwoodbuilders.com depaoli5@yahoo.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: 21 Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
I. Property Address/Location: 431 Crescent Ave Tax Parcel No.:
(for example: 165.52-4-37)
August 4,2014 RR
2. Date acquired by current owner: 3. Zoning District when purchased:
RR
4. Present use of
property: Residential 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes(when? For what? )
IZNo
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?
8. Brief description of proposed action:
The primary intent of the project is to add a first floor master bedroom and bathroom to provide aging-in-place
accommodations.
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes Gd No
10. Has the work, use or occupancy to which this appeal relates already begun? 0 Yes 0 No
I I. Identify the type of appeal you are requesting (check a//that app/y)
0 INTERPRETATION(p. 2) 0 VARIANCE EXTENSION(p. 2) 0 USE VARIANCE (pp. 3-6) Z AREA VARIANCE (pp. 6-7)
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ZONING BOARD OF APPEALS APPLICATION FORM
PAGE 2
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
❑ Interpretation $ 500
❑ Use variance $I,000
la Area variance
-Residential use/property: $ 200
-Non-residential use/property: $ 600
ElExtensions: $ I50
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:
11 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? DYes ❑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):
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:
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ZONING BOARD Of APPEALS APPLLCA770N 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 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¢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):
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:
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ZONING BOARD OFAPPEALS APPL/G4 TION FORM
PAGE 4
B. Has property been listed for sale with []Yes If"yes",for how long?
the Multiple Listing Service(MLS)? I: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? [Wes ❑No
If yes,describe frequency and name of publications:
3) Has the property had a"For Sale"sign posted on it? ❑Yes 0 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:
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ZONING BOARD Of APPEALS APPLICATION FORM
PAGE S
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:
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ZONING BOARD OF APPEALS APPLICATION FORM
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AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements From
To
Grant a variance for the single side set back 30' , 14`
(note: actual combined setback significantly exceeds the zoned
100'combined setback)
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.
The property is bordered by a public road and wetlands on 2 of the 3 triangular sides and the adjoining property on the 3rd side is
occupied so expansion of the properly is not an option. Fxtensive investigation and consideration was given to locating the
addition at another area of the home/property. An expansion off the front of the house at the garage would necessitate a front
setback variance, an dany expansion of the back of the home would absorb a majority of the limited useable yard space.
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 proposed addition will not produce an undesirable change in the character of the neighborhood. Careful consideration has
hen given to create an architectural design and orientation of the expanded home that is consistent with and compliments
neighboring homes that are similarly situated along the lakeside.
•
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ZONING BOARD OF APPEALS APPLICATION FORM
PAGE 7
3. Whether the variance is substantial. The requested variance is not su stantial for the following reasons:
While the requested variance is quantitatively significant(from 30'to it is minimally substantive or consequential in terms of
maintaining distance between dwellings on adjoining properties as a existing home on the adjoining property is situated
well-away from the property line and additionally will be obscured by a cluster of mature trees. Incidentally,the western extent of
the property will continue to provide an expansive view of the lake for passersby on the public road.
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 primary environmental concerns associated with the property are the included and adjoining wetlands and lakefront. The
proposed addition was purposefully located to be as far away as possible from those concerns and will have no adverse
environmental effects on the neighborhood or district.
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:
The challenge of providing aging-in-place accommodations for this home in a manner that adheres to current zoning guidelines
was not self-created by the homeowner. It is a function of limited build able space on an otherwise substantially sized property(7
+acres).
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ZONING BOARD OFAPPEALS APPUcA770N 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)
this application? (jj No 0 Yes If"yes",a statement disclosing the name,residence and nature and extent of this interest must be filE
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.
1 3
%i2 Date: f
(applicant signature)
Date:
(applicant signature)
If applicant is not the currently the owner of the property,the current owner must also sign.
Owner Signature: l .A4 Date: ?(Ig-le.
Owner Signature: — �_..__ --. i { Date: $)1 12
Revised 0112019
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: TAX PARCEL No.: _
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:
❑ Extension of existing variance 0 Interpretation
❑ Use Variance to permit the following:
❑Area Variance seeking the following relief:
Dimensional Requirements From To
Other:
Note:
❑Advisory Opinion required from Saratoga County Planning Board
ZONING AND BUILDING INSPECTOR
DATE
Revised 01/2019