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HomeMy WebLinkAbout20180178 3024 FahyCottage_166Lincoln_appCITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS Gvty Hat. - 474 13roa way Sara -iv -go- Sp -rim -6s/, New -Yorks 12866 Teiz 518 —587-3550 fw4u. 518-580 —q480 INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS I . 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 1 original and 1 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 O 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 $400 ❑ Use variance $1,000 ❑ Area variance Residential use/property $150 Non-residential use/property $500 ❑ Extensions $150 SUBMISSION DEADLINE: Check City's website (www.saratoga-springs.org) for application deadlines and meeting dates Revised 12/2015 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 Distance for property owner notification Use variance 250 feet Area variance & Interpretation 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 CITY OF SARATOGA SPRINGS CLj Hal, - 474 i6ro-a,ol-way SaroJoga,SpriAgy, New-Yark. 12_8(oro Tel.: 518-587-3550 faqu. 518 -580-9480 APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION [FOR OFFICE USE1 (Application #) (Date received) APPI.JCANT(S]' Jennifer Williams Joe Fahy Address 166 Lincoln Avenue OWNER(S) (1! not applicant) ATTORNEY/AGENT Saratoga Springs, NY 12866 Phone 617 817 8845 Email irishjoe3@gmail.com J / / * 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 . Property Address/Location: 166 Lincoln Avenue lax Parcel No.: 161.77 .4 _ 3 (for examples` /65.52 - 4 - 37) 2. Date acquired by current owner: Jan 24 2013 3. Zoning District when purchased: UR -1 4. Present use of property: Private Single family 5. Current Zoning District: UR -1 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? For what? 0 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? 8. Brief description of proposed action: Planning to build a small cottage at back of property to house our mother -in law who presently resides at Home of Good Shepherd in Saratoga Springs. Costs have become excessive to maintain her there as well as her desire to move back into a home imme enVIT6Tlmera. 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes lid No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes 0 No I I . 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) 2 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 ❑ Area variance -Residential use/property: -Non-residential use/property: ❑ Extensions: $ 400 $1,000 $ 150 $ 500 $ 150 INTERPRETATION — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 1. Identify the section(s) of the Zoning Ordinance for which you are seeking an interpretation: Section(s) UR -1 2. How do you request that this section be interpreted? Even though our property is in a UR -1 zone, all our surrounding properties do not adhere to this regulation. Our next door property is Siros, a bar/restaurant which atteracts thouands during race season. Other side of us is a legal 3 family and is rented out on short term leases. Next to that is a 10 room rooming house for Skidmore students which also previously got approval for a "garage' which currently houses Skidmore students. Other house on street is technically a single family but also houses up to 15 Skidmore students during the year as well as a commerical venue during race season. Multiple house stalls with overhead accomodation for stable hands Miring thn spasnn ac well ac a rnmmarrial kitrilan/sailypniAr dell alk In nAlohbt7r 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 OFA 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 12/2015 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: Building of a small "cottage" type structure of 1,000 sq ft floor area at back of lot to house our mother-in-law. For the Zoning Board to grant a request for a use variance, an applicant must prove that the zoning regulations create an unnecessary hal dshp 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 currentlypermltted 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: Jan 24 2013 Purchase amount: $ 580,000 2) Indicate dates and costs of any improvements made to property after purchase: Date Improvement july 24 2014 Cost wooden fence around property $5,000 3) Annual maintenance expenses:: 3,000 4) Annual taxes: $ 8459.02 5) Annual income generated from property: $ zero 6) City assessed value: $480,000 Equalization rate: Estimated Market Value: $ 65-'30,n()(1 7) Appraised Value: $ Appraiser: Date: Appraisal Assumptions: Revised 12/2015 ZONING BOARD OFAPPEALS APPL/CAT/ON FORM PAGE B. Has property been listed for sale with EYes If "yes", for how long? not known the Multiple Listing Service (MLS)? IONo I) Original listing date(s): not known Original listing price: $ not known If listing price was reduced, describe when and to what extent: Since we owned the property in 2013, we have not listed it for sale. 2) Has the property been advertised in the newspapers or other publications? DYes 0No If yes, describe frequency and name of publications: 3) Has the property had a "For Sale" sign posted on it? ❑Yes El 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 12/2015 ZONING BOARD OF APPEALSAPPLICATION FORM PAGE 5 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: The "cottage" being proposed is being built at back of lot and not visibly from street. The surrounding lots have garages which surround back of ow lot. Next door is Sires wI3jph has a commercial kitchen as well as an cam ai{concert venue for the surnmer race season surrounded by high wooden walls which are required to be erected each year for noise abatement. Cottage not visible due to these wooden walls. Lot is a tree lined lot with tall oak trees and is densely covered by overhead branches. House on other side of lot is a vacant legal 3 family typically rented only during race season. 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: Relief is sought to house mother-in-law who currently resides at Home of Good Shepherd in Saratoga Springs. Current monthly expense just for housing is $4,500 per month not including medications etc. Revised 12/2015 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6 AREA VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) UR -1 Dimensional Requirements 1,000 sq ft floor cottage From To 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. Attemped to purchase vacant neighbor 3 family property owned by Rose Tate were not successful. Extension to side of property not feasible due to enchroachment of Siros expansion a number of years ago Our house was previously owed by Siros who violated the lot line between the property, building an extension to restaurant as well as running multiple utility, sewer, drainage and utility lines by side of our house. Also Siros vents their commercial kitchen next to our house .This is why we have to build an independent structure at back of lot. 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: Cottage will not be visible from street. Ajoining back properties all have built garages at back of their lots next to our lot Next door property of Siros has a large wooden wall between our proposed cottage and their outdoor concert venue. Neighbor on other side is a 3 family dwelling, currently vacant and only rented on short term leases during the race season i.e typically Siros kitchen staff Revised 12/2015 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: UR -1 regulations allow "garage" and barn type structure up to 10% of build lot size and not exceeding 30% of total area covered Proposed 1,000 sq ft cottage fulfills this area requirement. 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: Previously answered in above. 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: Revlsed 12/2015 ZONING104RD OF APPEALS APPLICATIONFORM PAGE 8 DI5cLOSUFtE Does any City officer, employee, or family member thereof Have a financial Interest (as defined by General Municipal Law Section 809) in this application? 0No 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 l/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, l/we certify that the information provided within this application and accompanying documentation is, to the best of my/our knowledge, true and accurate. 1/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. C (applicant signature) (applic. t signatur Date: Ppb act 2l 11 R Date: if applicant is not the currently the owner of the property, the current owner must also sign. /J Owner Signature: 2 Owner Signature: Feb 24,2018 Date: Feb 24,2018 Date: Feb 24, 2018 ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING Jennifer Williams APPLICANT: Joe Fahy PROPERTY ADDRESS: 166 Lincoln Avenue TAX PARCEL No.: 161.77 ZONING DISTRICT: UR -1 3 This applicant has applied to use the identified property within the City of Saratoga Springs for the following: Build of a small independent "cottage" type structure at back of property for immediate family housing need. 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: Build of 1,000 sq ft cottage type structure at back of lot 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 12/2015 View Larger Photo - Image Mate Online http : //s aratoga. s dgny s. c om/bigPhoto . aspx?file=4115 /V OLLOCAL\T... Photo Photo for 166.77-4-3 in City of Saratoga Springs, Inside 1 of 1 1/24/2018, 5:32 PM Lincoln Ave - Google Maps Go gle Maps Lincoln Ave https://www.google.com/maps/@43.0744269,-73.774535 8,3 a,75y,14... Saratoga Springs, New York Google, Inc. Street View - Aug 2017 1 of 1 Image capture: Aug 2017 CO 2018 Google 1/24/2018, 5:44 PM Lincoln Ave - Google Maps Google Maps Lincoln Ave https://www.google.com/maps/@43.074458,-73.7741746,3 a,75y,195... Saratoga Springs, New York Google, Inc. Street View - Aug 2017 1 of 1 Image capture: Aug 2017 © 2018 Google 1/24/2018, 5:43 PM Legend o County 0 Municipal Boundaries Lc Local Roads ElParcels Fahy - 166 Lincoln Ave Disclaimer: This map was prepared by the Saratoga County Internet Geographic Information System (GIS). The map was compiled using the most current GIS data available. The aerial photography (orthoimagery) was prepared by the N.Y.S. Office of Cyber Security and Critical Infrastructure Coordination during the year 2004-2011. Parcel and municipal boundaries are derived from tax maps and do not represent a land survey. January 24, 2018 ADMISSION AGREEMENT AMENDMENT The Home of the Good Shepherd, This agreement is between the Home of the Good Shepherd and JoAnne Williams. The purpose of this agreement is to amend the Admission Agreement dated August 8, 2016, effective February 1, 2018. Paragraph III on page number 4 of the agreement is amended to read as follows; A. MONTHLY RATE $4500.00 (Payment is due by the 1st of the month) B. RESERVATION: The operator agrees to reserve the Resident's residential space in the event of the resident's absence. The charge for this reservation shall be $145.17 per day. The length of time the space shall be reserved is 30 days. All other terms of the Agreement remain in full force and effect. Signature: L r- Authorized Facility Date: 0f i) I Q, vw A p entative YST 166 Lincoln Avenue back of lot for proposed "cottage" type structure • Bordered by legal 3 family on right. • Also bordered by garage on right. • Bordered by Siros commercial kitchen and wooden high wall on left which has their outdoor concert • Bordered by garage on back 166 Lincoln Avenue back of lot for proposed "cottage" N08' 28' 10"E — 0.57' To A Conc Mon Found End Of Fence Lines Are 0.7'1 North 0! Line LANDS N/F OF Pollard BOOK 1496 OF DEEDS AT PAGE 58 0 LANDS N/F OF Edelson BOOK 1508 OF DEEDS AT PAGE 490 NO8' 28' 10”E a o OL'ar Qin Link Fence Is 1.6'1 East 0! Line lo' Lattice cote t7 0 Chain Link Fence N40'00'W— Corner 0'O0'W— Corner F re !s 3.0± Nw(: 0r Linens 10 O DO 0 • ,Concrete WeZ • LANDS N/F OF THE NEW YORK RACING ASSOCIA 770N, INC. P7 40' LANDS N/F OF Tait & Prestera BOOK 894 OF DEEDS AT PAGE 544 --0• Area 11,019± Sq. Ft. End Fence Lines Are 1.4'1 East mesh 198.14' Of Line � — f 3 ce Remo ns Dirt Driveway Wood Deck 13.3' D7•� Woad F.,ram Addition H Asphalt tr) 30.2' 'Wood Frame 'Addition N • Ki N17'17' 10 "W — 1.20' .rTo An Existing Iron Pipe LOW 111.2 Block Smoke Nousel SOT 01' 10"W 'Conc. 0.. Pod Lattice Cote 1.0' ro Concrete Pad -------rertr66olT Chain Link Fencee one 196.68' ry DEED REFERENCES: 1. CONVEYANCE OCTOBER 5,E 1987 AND E AUGUST GRECORDEDUP, A GENERAL IN BOOK PARTNERSHIP 2 BNOFF DEEDSYATEED PAGE 50. 2. CONVEYANCE TO THOMAS ANDERSON. PATRICK ANDERSON, AND WARREN A. WISEMAN BY DEED DATED NOVEMBER 2. 1999 AND RECORDED IN BOOK 1534 OF DEEDS AT PAGE 50. MAP REFERENCES: 1. A HAP FOR A.A. KELLOGG. E.W. COLE k I.L SMITH, PREPARED BY A. GARNSEY, DATED 1853 AND FILED IN THE SARATOGA COUNTY CLERKS OFFICE AS MAP NO. Z-230. 2. MAP ENTITLED, LANDS OF HARRY J. TAIT AND ROSE MARY PRESTERA-. PREPARED BY CHESTER A GRAMINSKI, PLS. DATED AUGUST 10, 1977 AND FILED IN THE SARATOGA COUNTY CLERKS OFFICE AS MAP NO. T-12. 3. MAP ENTITLED, SURVEY OF' LANDS OF JOHN AND JERENE THELEN. DATED APRIL 2, 1985 AND PREPARED BY PAUL F. TOMMELL LS... 4. MAP ENTITLED. SURVEY — LANDS OF SAMUEL AND HENRIETTA CHERIS% DATED APRIL 14, 1988 AND PREPARED BY BRUCE HAWKS LS. . EASEMENT: GRANTED TO THE NEW YORK TELEPHONE COMPANY BY DEED DATED MAY 15, 1992 AND RECORDED IN BOOK 1338 OF DEEDS AT PAGE 97. UNAUTHORIZED ALTERATIONS OR ADDITIONS TO THIS SURVEY MAP IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. ONLY COPIES OF 'PHIS SURVEY MAP BEARING THE LAND SURVEYOR'S ORIGINAL SIGNATURE AND EMBOSSED SEAL SHALL BF. CONSIDERED VALID. RA7/01- Wood Frame Buildingl �1A�E . J. RABID 3 AU. P. L.S. No. 49,7 5 SURVEY OF' LANDS OF THOMAS ANDERSON, PATRICK T. ANDERSON & WARREN A. WISEMAN CITY OF SARATOGA SPRINGS SARATOGA COUNTY, NEW YORK SCALE: 1" = 20' DATE: OCTOBER 5 2000 TELEPHONE NO.: (518) 383-0634 MAP NO.: 99 - 11 - 34B Gilbert VanGuilder & Associates Professional Land Surveyors 988 Route 146, Clifton Park, New York 12065 Br 1 13'-0"x13'-0" Up Front Rendering Hir Kit 1 2'-0"x9'-4" OW FOR coos -TR Living/Dining as' s' Deck First Floor design america HOME PLANS & PROJECT PLANS Second Floor NOS FOR CONSTRUCTION Lett Elevation F 4°4 Front Rendering NOT FOR CONSIRUCT'ON gpfteligsr 1111111111111 94' —"Right Elevation Rear Elevation Side of lot between house and Siros. Lot line has been enchroached by wooden addition, sewer line, communication/electrical box and other utilities. Also commercial kitchen vents next to side of our house. 3 family/garage side of Lot at 166 Lincoln Avenue Rose Tate property. Siros side of Lot at 166 Lincoln Avenue Back of Lot at 166 Lincoln Avenue trah0116 O. 110 id 4- 17,111 V45. i 14 iLb Legal 3 family/ Rose Tate property 164 Lincoln Avenue 162 Lincoln Avenue Former 10 room rooming house currently occupied by Skidmore students Sullivan place property (back of lot) Occupied by Skidmore students Side of lot from Siros concert arena 129 !.nelson Avenue (1 mun away) Property with cottage in back yard 133 Nelson Avenue (1 min away) 3 Family dwelling