HomeMy WebLinkAbout20180428 3041 ArgentiRes_47WestHarrison_appCITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
G14-9 Had! - 474 6rou.olway
Sara4-aga,Sprim-gy, York..1-2866
Tel . 518 -587-3550 faw S18-580-61480
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 I original and I digital version of the following:
❑ Completed application pages 1 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**
O 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". Fees are
cumulative and required for each request below.
❑ Interpretation $480
❑ Use variance $1,000
❑ Area variance
- Residential use/property $175
- Non-residential use/property $600
❑ Extensions $150
SUBMISSION DEADLINE: Check City's website (www.saratoga-springs.org) for application deadlines and meeting dates.
Revised 03/2018
ZONING BOARD APPEAL APPLICATION INSTRUCTIONS 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 the public hearing announcement
printed in The Saratogian legal notices at least 5 days before the hearing.
Applicants must pay The Saratogian 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:
Type of variance
Use variance
Area variance & Interpretation
Distance for property owner notification
250 feet
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 12/2015
Name
Address
CITY OF SARATOGA SPRINGS
Gvl-y Ha- , - 474 6ro-a.oinnra-y
Sara -o-ga, Sp-ri,..gs,, N&vv- York/ 12866
Tel,: 518-587-3550 518-580-9480
APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION
JFOR OFFICE USE1
(Application #)
(Date received)
APPLICANT(S)*
Nick Argenti
1400 Pinnacle Ct #317
Point Richmond, CA 94801
971-219-4781
OWNER(S) (/f not applicant) ATTORNEY/AGENT
Matthew Chauvin
805 Route 146
Clifton Park, NY 12065
518-371-8888
Phone
nick.argenti@gmail.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: 0 Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
47 West Harrison 165 50 2 24
1. Property Address/Location: Tax Parcel No.: - -
mchauvin@ialawny.com
(for examp/e: 165.52 - 4 - 37)
11/02/2012 T-5
2. Date acquired by current owner: 3. Zoning District when purchased:
First flr. Office, Second flr single T-5
4. Present use of property: Residential 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
❑ Yes (when? Sept 20, 1989 For what? Us. Variance for General )
O No Office and Area Variance
for parking within setback
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:
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes II No
10. Has the work, use or occupancy to which this appeal relates already begun? Yes No
11. Identify the type of appeal you are requesting (check all that app/y):
0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) 0 USE VARIANCE (pp. 3-6) 0 AREA VARIANCE (pp. 6-7)
Revised 12/2015
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
❑ Use variance
0 Area variance
-Residential use/property:
-Non-residential use/property:
❑ Extensions:
$ 480
$1,000
$ 175
$ 600
$ 150
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 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 03/2018
ZONING BOARD OF APPEALS APPLICATION 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 & 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 03/2018
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4
B. Has property been listed for sale with ❑Yes If "yes", for how long?
the Multiple Listing Service (MLS)? [UNo
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 03/2018
ZONING BOARD OF APPEALS APPLICATION 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 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 03/2018
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6
AREA VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
3.1.2.B STREETSCAPE
The applicant requests relief from the following Zoning Ordinance article(s) DESIGN
Dimensional Requirements
Zoning requirement is for decorative street lights to be installled
every 75-100 alona the street frontaae. Deoendina on the
placement and layout this would require the owner to install 1-3
street liahts.
Other:
From To
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 requirement to install city infrastructure for this project is really, simply not necessary. The Stairway proposal was driven by
the determination by the City that a second means of egress was necessary for life safety purposes. For the City to then place the
installation of street lights on the property's owners shoulders is an undo burden, particularly given the expense associated with
such installation
The Owner is not a proposing change of use, nor is there a significant architecture change to the building. The Owner is rectifying
a condition created by his predecessor in title to the property and bringing the property into compliance with the applicable fire
code
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:
Granting the variance will have no impact on the neighborhood. 47 West Harrison is an annomly on the two blocks upon which
this property sits. West Harrison. heading south. the next six properties are all within the residential zone and are therefore not
required to install these lights. Church Street to the west is also residential. Therefore decorative lighting at this corner will
actually look out of place and will not fit with the adjacent properties.
Revised 03/2018
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
1. The lighting is not currently there... so there is no actual change from the existing condition
2. Adjacent properties are not in the T-5 zone and will not be required to install similar decorative lighting. The result, if installed,
will look anomalous, with the street lights associated with this property but not adjacent properties.
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:
1. The streets and the neighborhood currently do not have decorative street lights. We are not actually proposing any change
from the existing condition.
2. Adjacent properties are not in the T-5 zone and will not be required to install similar decorative lighting. The result, if installed,
will look anomalous, with the street lights associated with this property but not adjacent properties.
3. In fact one could argue that granting the variance will improve the the environment of the residential neighborhood. The
decorative street light causes light pollution and unnecessary street clutter.
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:
No this is not a self-created hardship. The whole reason the site plan approval was asked for was simply to comply with fire code
and provide second floor tenants with a secondary emergency exit.
Revised 03/2018
ZONING BOARD OF APPEALS APPLICATION 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? m 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)/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.
Digitally signed by Nick Argenti
Nick Argent' Date: 2018.04.12 20:26:13
-07'00'
(applicant signature)
Date:
4/12/2018
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
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)
0 Extension of existing variance 0 Interpretation
As such, the following relief would be required to proceed:
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