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Home My WebLink About20180404 3040 BairdRes_App_5-18-18Name Address CITY OF SARATOGA SPRINGS CA./1y Ha -IL - 474 Gro td -way Saratoga Spri.tgy, New- York.12866 Tsb: 518-587-3550 Isla 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)s Baird Brown Realty, LLC OWNER(S) (If not applicant) ATTORNEY/AGENT Matthew J. Jones, Esq. 620 N. Shore Road Peek Lake, Gloversville NY 12078 68 West Avenue Saratoga Springs, New York 12866 518-587-0080 Phone Jeff@brown sfo rd. 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: la Owner 0 Lessee 0 Under option to lease or purchase mjones@saratogalaw.com PROPERTY INFORMATION 79 Lake Avenue, SS, NY 165 52 3 23 I . Property Address/Location: Tax Parcel No.: - - _ (for example: 16552 - 4 - 37) 2. Date acquired by current owner: July 27, 2017 3. Zoning District when purchased: U R4 Residential UR4 4. Present use of property: 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? ❑ Yes (when? For what? ® No 7. Is property located within (check all that apply)?: la 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 7 No 10. Has the work, use or occupancy to which this appeal relates already begun? 0 Yes No 11. Identify the type of appeal you are requesting (check 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 ZONING BOARD OF APPEALSAPPL/CATION FORM PAGE 2 FEES: Make checks payable to the "Commissioner of Finance". Fees are cumulative and required for each request below. O Interpretation O Use variance IZ Area variance -Residential use/property: -Non-residential use/property: O 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 APPEALSAPPLICATION 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". 1. 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 OFAPPEALSAPPL/CAT/ON FORM PAGE 4 B. Has property been listed for sale with DYes If "yes", for how long? the Multiple Listing Service (MLS)? QJNo 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 BORN 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 Parking: side yard setback - west side Parking: side yard setback - east side Parking: total side yard setback From To 20' 2' 20' 11' 2" 45' 13' 2" 20' 4' 20' 4' 45' 37" Parking: rear yard setback 25' 14' Density 12,000 sq. ft. 7,308. sq. ft. Lot coverage 25% 32.25% 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. 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 APPEALSAPPL/CAT/ON FORM PAGE7 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 OFAPPEALSAPPLUCAT/ON FORM PACES 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? QJ No ❑Yes If "yes", astatement disclosingthe name, residence and nature and extent of this Interest must be filed with thls application. APPLICANT CERTIFICATION I/we, the property owner(s), or purchaser(s)/lessee(s) under contract, of the land Inquestion, hereby request an appearance before the Zoning Board of Appeals. By the signature(s) attached hereto, I/we certify that the information provided within thls application and accompanying documentation is, to the best of my/our knowledge, true and accurate. I/we further understand that Intentlohally 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. pplicant signature) (applicant signature) Date: / Date: If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature: Revised 03/2018 Date: Date: 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) ❑ Extension of existing variance ❑ 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