HomeMy WebLinkAbout20180404 3040 BairdRes_appORIGINAL
Name
CITY OF SARATOGA SPRINGS
City Hall, - 474 Sronolwa.y
Saro4t os Sprim,336 Ne -w - York, 128 66
Te(.: 518-587-3550 few 518-580-9480
APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION
JFOR OFFICE USEI
(Application #)
(Date received)
APPLICANT(s)*
Baird Brown Realty, LLC
620 N. Shore Road
Address
Peek Lake, Gloversville NY 12078
OWNERS) (If not applicant)
ATTORNEY/AGENT
Matthew J. Jones, Esq.
68 West Avenue
Saratoga Springs, New York 12866
Phone / / 518-587-0080
jeff@brownsford.com mjones@saratogalaw.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: Owner 0 Lessee ❑ Under option to lease or purchase
PROPERTY INFORMATION
79 Lake Avenue, SS, NY 165 52 3 23
1. Property Address/Location: Tax Parcel No.: - _
(for example: /65.52-4- 37)
2. Date acquired by current owner:
July 27, 2017
UR4
3. Zoning District when purchased:
Residential UR4
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?
IZNo
7. Is property located within (check all that apply)?: m Historic District 0 Architectural Review District
0 500' of a State Park, city boundary, or county/state highway?
8. Brief description of proposed action:
See attached Application Narrative
9. Is there a written violation for this parcel that is not the subiect of this application? 0 Yes G No
10. Has the work, use or occupancy to which this appeal relates already begun? 0 Yes Z No
I I. Identify the type of appeal you are requesting (chec%a// that apply):
0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) 0 USE VARIANCE (pp. 3-6) ® AREA VARIANCE (pp. 6-7)
Revised 12/2015
Application Narrative
aird1 Trow n Ea sally, if .14C
Application to Z nnin l oard of Appeals
For premises at 79 Lake Avenue
1)
Applicant: Baird Brown Realty, LLC is a New York Limited Liability Company
having acquired title to the premises at 79 Lake Avenue from its principals Jeffrey
and Nancy Brown by deed dated July 27,-2017. Mr. and Mrs. Brown acquired title
to the property seven weeks earlier in a purchase from Robert Burford.
Premises: The premises is situate at 79 Lake Avenue on a lot roughly 48 feet
wide and 155 feet in depth. The existing three family structure fronts on Lake
Avenue. The lot is located in a UR -4 zoning district which permits multi -family
residential uses.
Zoning Status: The front portion of structure is quite old and predates the
adoption of the Zoning Ordinance. The entire structure is preexisting, non-
conforming deviating from the required front and side yard setbacks.
Proposed Changes: Mr. and Mrs. Brown seek to replace the rear of the structure
by removing the basement garage and apartment above it on the first floor and
replacing this portion of the structure with a new basement floor apartment and a
new two- story apartment unit above it. This will increase the number of
apartments from 3 to 4. The Browns propose to use the new basement floor
apartment as a second home which also could be rented during the summer season.
Parking: The project will include pavement for 6 parking spaces at the rear (north
end) of the parcel.
Relief Required: Inasmuch as, the project would extend the current footprint of
the structure by roughly 5' 3" and add a new terrace as well as a new upper deck
(both extending 9' off the rear of the building), the applicant seeks relief from side
yard setbacks. Those setbacks require a total of 45' with a minimum of 20' for each
side.
Dated: May 1, 2018
1
ZONING BOARD OF APPEALSAPPL/CATION FORM PAGE2
FEES: Make checks payable to the "Commissioner of Finance". Fees are cumulative and required for each request below.
0 Interpretation
0 Use variance
0 Area variance
-Residential use/property:
-Non-residential use/property:
0 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?0 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 OF APPEALS APPLICATION FORM PAGE3
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 APPEALSAPPLICATION FORM PAGE4
B. Has property been listed for sale with QYes If "yes", for how long?
the Multiple Listing Service (MLS)? IQNo
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? EYes 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:
Revised 03/2018
ZONING BOARD OF APPEALS APPLICATION FORM PAGES
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):
Article II, Table 3
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements
Side yard setback - West side
Side yard setback - East side
Total side yard setback -
Other:
From To
20' 3'
20' 12 2"
45' 15' 2"
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. 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.
See Attached
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:
See Attached
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:
See Attached
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:
See Attached
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:
See Attached
Revised 03/2018
ZONING BOARD OFAPPEALSAPPLICAT/ON 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
thls application? m No 0 Yes If "yes", astatement 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, 1/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, 1/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.
pplicant 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 03/2018
ZONING BOARD OFAPPEALSAPPLICATION 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 0 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.
iL-----
pplicant signature)
Date:
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
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 land, etc.) and why they
are not feasible.
Applicant's Response: The lots in this area Lake Avenue (including this
parcel) are all less than 49' wide. Since the total side yard setback for the
UR -4 is 45' there would be virtually no zoning compliant means of
constructing an addition off the rear of the current structure. This is true
even though the proposed addition is more than 71' from the rear property
line and the rear setback requirement for the UR -4 is only 25'. Put another
way, there is ample room to extend this structure to the rear, but given the
width of the lot, virtually any addition over 4' wide would require relief
from the Zoning Board.
To accommodate the internal configuration of the two apartments, a modest
5' 3" extension of the building is needed. To minimize the variance the
entire addition has been configured with an indent off the west property line.
Note: the existing structure is 1' off the west property line while the
expansion is set back 3' from that line.
The Applicant proposes two additional amenities (a terrace and a new upper
deck) that extend 9' to the rear of the new structure.
Acquisition of adjoining lots or portions thereof is not feasible due to the
location of the apartment building on the east side and the narrow width of
the lot on the west side.
1
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 structure to the east is a larger apartment house and is situate at the
comer of Circular and Lake. The two parcels immediately to the west, are
improved with houses that are constructed on lots nearly identical in size and
configuration to the subject parcel. There is a house immediately to the north
across the alley, but there would virtually be no impact on it since the
proposed new addition would increase this multi -family structure by a single
unit.
3. Whether the variance is substantial. The requested variance is not
substantial for the following reasons:
Arithmetically, the variance is substantial, but the impact of the modest
extension (5' 3" of structure and 9' of terrace and deck) is inconsequential.
Taken as a whole, the variance is not substantial.
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 variance will have no adverse physical or environmental effects on the
neighborhood or district because the expansion is modest, and the impact of
a single additional unit will be of virtually no consequence to any immediate
neighbor or the neighborhood in general. The physical change in the rear of
the structure will be a significant improvement and there will be virtually no
adverse environmental effects.
2
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 difficulty is self-created based upon the Applicant's desire for the modest
expansion of the rear of the structure to accommodate a refurbished unit and a
new unit. There is no other feasible means to achieve the project without relief
from the ordinance given the narrow configuration of the lot and the 20'
minimum side yard setback as well as the 45' minimum set back for both sides.
3
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: TAX PARCEL NO.:
PROPERTYADDRESS: ZONING DISTRICT:
This applicant has applied to use the identified property within the City of Saratoga Springs for the following:
This application is hereby dented 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:
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
Short Environmental Assessment Form
Part 1 - Project Information
Instructions for Completing
Part 1 - 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 1 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 1- Project and Sponsor Information
Baird Brown Realty, LLC 620 N. Shore Road, Peek Lake, Gloversville, New York
Name of Action or Project:
179 Lake Avenue addition
Project Location (describe, and attach a location map):
179 Lake Avenue, Saratoga Springs, New York 12866
Brief Description of Proposed Action:
Remove existing rear addition and replace it with a new structure adding 1 new apartment unit.
Name of Applicant or Sponsor:
Baird Brown Realty, LLC C/O Jones Staves, Attorneys at Law
Telephone: 518-587-0080
E -Mail: mjones@saratogalaw.com
Address:
68 West Avenue
City/PO:
Saratoga Springs
State:
New York
Zip Code:
12866
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
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.
NO
YES
❑
✓
2. Does the proposed action require a permit, approval or funding from any other governmental Agency?
If Yes, list agency(s) name and permit or approval:
NO
YES
❑
✓
3.a. Total acreage of the site of the proposed action? .17 acres
b. Total acreage to be physically disturbed? .10 acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? .17 acres
4. Check all land uses that occur on, adjoining and near the proposed action.
PI Urban • Rural (non -agriculture) • Industrial • Commercial
P4 Residential (suburban)
• Forest • Agriculture • Aquatic ■ Other (specify):
■ Parkland
Page 1 of 3
5. Is the proposed action,
a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
NO
YES
N/A
❑
✓
❑
❑
✓
❑
6. Is the proposed action consistent with the predominant character of the existing built or natural
landscape?
NO
YES
❑
1
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
If Yes, identify:
NO
YES
✓
❑
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation service(s) available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action?
NO
YES
✓
❑
❑
✓
❑
✓
9. Does the proposed action meet or exceed the state energy code requirements?
If the proposed action will exceed requirements, describe design features and technologies:
Construction of addition will meet energy code requirements
NO
YES
❑
1
10. Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable water:
NO
YES
❑
✓
11. Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment:
NO
YES
❑
✓
12. a. Does the site contain a structure that is listed on either the State or National Register of Historic
Places?
b. Is the proposed action located in an archeological sensitive area?
NO
YES
1
❑
✓
❑
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
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:
NO
YES
1
❑
1
❑
14.
Identify
•
•
the typical
Shoreline
Wetland
habitat
•
lrI
types that occur
Forest
Urban
■
•
on, or are likely to be found on the
Agricultural/grasslands
Suburban
project
•
site. Check all that apply:
Early mid-successional
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed
by the State or Federal government as threatened or endangered?
NO
YES
1
❑
16. Is the project site located in the 100 year flood plain?
NO
YES
1
17. Will the proposed action create storm water discharge, either from point or non-point sources?
If Yes,
a. Will storm water discharges flow to adjacent properties? ❑ NO OYES
b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)?
If Yes, briefly describe: E NO ❑YES
NO
YES
1
❑
Page 2 of 3
18. Does the proposed action include construction or other activities that result in the impoundment of
water or other liquids (e.g. retention pond, waste lagoon, dam)?
If Yes, explain purpose and size:
NO
YES
In
19. Has the site of the proposed action or an adjoining property been the location of an active or closed
solid waste management facility?
If Yes, describe:
NO
YES
[7]
❑
20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or
completed) for hazardous waste?
If Yes, describe:
NO
YES
❑
✓
I AFFIRM THAT THE INFORMATION ' ' i -1 ED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor n. i. - Baird :,n_ Real LC Date: May 1, 2015
Signature: 42057
PRINT FORM
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