HomeMy WebLinkAbout20180031 3014 BeyerSingleFamily_201WCircular_updatedApp_2-20-18Name
CITY OF SARATOGA SPRINGS
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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)*
Donald Jeffery Beyer
53 Ash Street
Address
Saratoga Springs, NY
518-441-2958
Phone
jbeyer03@aol.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
201 West Circular Street 165 73 2 46.2
1. Property Address/Location: Tax Parcel No.: - -
OWNER(S) (/f not applicant) ATTORNEY/AGENT
Martino Engineering, PLLC
PO Box 4772
Saratoga Springs, NY 12866
518.832.4882
cmartino@martinoengineering.com
(for examp/e: /65.52 — 4 — 37)
July 2008 UR -2
2. Date acquired by current owner: 3. Zoning District when purchased:
Vacant UR -2
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes (when? 9/27/2010 & For what? Area Variance to
0 No 5/2016 subdivide property with
substandard lot
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:
Construct a single family home with garage and swimming pool.
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 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) 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:
$ 400
$1,000
$ 150
$ 500
$ 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 12/2015
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 12/2015
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)? [QNo
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 12/2015
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 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)
Dimensional Requirements
Max. Building Coverage Percentage (Accessory Building)
Pool Setback to Property Line
Other:
From To
10% 15%
8' 3'
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 lot is located in a well populated, dense neighborhood, and there are no additional parcels of land that can be purchased to
achieve the benefit sought. The garage has been reduced to the minimum size allowable to allow for the internal storage of one
vehicle, and to allow for a small amount of storage so items will not need to be stored on the front porch to remain under cover.
The pool has been limited to the minimum size that will still allow a depth that will be safe for diving, which is desired by the
applicant for the safety of his family.
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 not create a undesirable change in the character of the neighborhood as a number of properties with
similar layouts exist in the intimidate vicinity of the site. The improvements will keep pace with recent trends in the neighborhood.
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ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
The requested variance is not substantial. The applicant is requesting 14.5% coverage for accessory structures (a single car
garage and a pool), which is 5% over the maximum 10% allowed by zoning. Although the percent permeable for the accessory
structures exceeds the required zoning, the overall permeability for the site still remains substantially below the required minimum
permeable area. 25% minimum area is required, and 52.5% is provided.
In order to fit the pool onto the property a side yard setback
is requested. 8' is required, 3' proposed.
The client has intentionally limited pavement on the site to maintain as much green space as possible.
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 not have adverse physical or environmental effects on the neighborhood or district. It will no effect street traffic or
pedestrian traffic and there are no negative environmental effects from the garage and pool being constructed. Despite the
variance requested, the overall permeability of the site still remains significantly under the required amount.
Overall the project will improve the appearance of the lot which will be positive for the neighboring properties, as well as for all the
Residents of Saratoga Springs.
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 alleged difficultly was self-created. However, given the non -substantial nature of the variance request, the current design is
the best option from a design/layout perspective. This will provide usable accessory structures that will not be limited in function,
while maintaining the maximum green space possible on the site.
Revised 12/2015
ZONING BOARD OF APPEALSAPPLICATIONFORM 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? 0 No a 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, 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.
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 12/2015