HomeMy WebLinkAbout20210586 Levy Area Variance Application **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** jrumS urriu=uati
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CITY OF SARATOGA SPRINGS (Application#)
A6 ZONING BOARD OF APPEALS
rI :. ' " % CITY HALL-474 BROADWAY (Date received)
SARATOGA SPRINGS, NEW YORK 12866-2296
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TEL: 51$-587-3550 X2533
C0 RA1�p �9�h www.saratoga-springs.org
(Project Title)
APPLICATION FOR:
INTERPRETATION, USE VARIANCE, Check if PH Required ri
AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review
APPL1CANT(S) ' OWNER(S)(If not applicant) ATTORNEY/AGENT
Jeffrey&Rosemary Levy
Name
5 Persimmon Place
Address
Saratoga Springs, NY 12866
518-694-2983
Phone
Email llevy12203(agmail.com
Primary Contact Person: HAppficant Downer attorney/Agent
*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
25 Joseph Street SS NY 12866 165 81 1 21.1
I.Property Address/Location: Tax Parcel No.:
(for example: 165.52—4—37)
Deed dated: 9/1/2020 UR-2
2. Date acquired by current owner: RRrnrriRd- P/16/2020 _ 3. Zoning District when purchased:
vacant lot UR2
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)?: 0 Historic District 0 Architectural Review District
0 500' of a State Park,city boundary, or county/state highway?
construction of an in-ground swimming pool.
8. Brief description of proposed action:
9. Is there an active written violation for this parcel? ❑Yes V No
10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes 0 No
11. Identify the type of appeal you are requesting(check all that apply):
0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) 0 USE VARIANCE(pp. 3-6) IR AREA VARIANCE(pp.6-7)
Revised 01/2021
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2
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? dyes ❑No
4. If the answer to#3 is"yes,"what alternative relief do you request?❑ Use Variance ❑Area Variance
EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
. Date original variance was granted: 2. Type of variance granted? ❑ 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 01/2021
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".
. That the applicant cannot realize a reasonable financial return on initial investment for any currently permitted use on the property.
"Dollars¢s"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 01/2621
ZONING BOARD OFAPPE4LSAPPLICATION FORM FAcE 4
B. Has property been listed for sale with DYes If"yes", for how long?
the Multiple Listing Service(MLS)? FIJNo
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? DYes ❑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 0112021
ZONING BOARD OF APPEALSAPPLICgTION 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 01/2021
ZONING BOARD OFAPPEALS APPLICAT/ON 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 District Requirement Requested
Maximum percentage for accessory structure(s)
10% 11.7%
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:
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.
A smaller pool was considered. However,the requested variance allows for a pool size which is deeper and provides a much
saer environ nen for active use. Further, the size ot the pool does not in any way negetively impact contiguous properties given
the size of the lot and the pool location on the lot. Our lot is much larger than those of neighboring properties, and the size of the
houce and detached garage is consictent with, and comp1emcntary te,the curroue ing neighborhood.
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:
To the contrary. This project/investment will only enhance the character of the neighborhood. I will be fencing the pool in properly
via ail ot the guidelines.This again is an in-ground pool and, given its location, will not be visible to nearby properties. We have
included photos of the property prior to our purchasing it, and, as you can see from the photos,we demolished a somewhat
plans for you to see the home we are building and the curb appeal it will have upon completion.
Revised 01/2021
ZONING BOARD OFAPPEALSAPPLICATION FORM
PAGF7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
I do not feel the requested variance is substantial.The lot is 15,120 square feet(.35 acres). Even with the pool size we are
• ..• • •• • O •- —ore -••• • • • • . 11.1. — + 11— T. TT— — • T •T— ■
28.9% of the lot,with the principal building accounting for 17.2%, and all accessory structures (a/c condenser, garage, pool)
totalling 11.7%. These two numbers COMBINED are less than what is allowed for coverage of just the principle structure. I feel
we are well within the established coverage/permeability limits to seek this minor variance.
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:
No,we are only seeking a minor variance to accomodate a pool. We are not taking down any trees, or displacing any wildlife. This
should be noted that we have already planted 29 trees since purchasing this property. These trees were planted in the rear of the
property principally to create a privacy buffer between my lot and the high school.This home will not have any adverse physical
effect on the environment, rather to my last point,only enhance it.
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:
This was self created. Quite frankly,when I applied for my pool permit, I was not aware that a pool would be considered in the
- • . :• .' • ■ . '• •'• • '•- . ••• •.'.- ■ • `•- • • • • • • - -
Maximum Building Coverage Percentage for"Principal BLDG. and Access. BLDG." At 30%coverage for principal building plus
an additional 10%for accessory structures, we will be well below the allotted % coverage for ONLY the principal building.
Revised 01/2021
ZONING BOARD OF APPEALS APPUCATION FORM
PAGE S
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? ®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 ..plic.//.ion for purposes of conducting any necessary site inspections relating to this appeal.
I
`f' titan' DatejU & tf , )--C) ./
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Date: C 111 G
1154
(applicant ignature)
If applicant is not the currently the owner of the property,the current owner must also sign.
Owner Signature:_ Date:
Owner Signature:
Date:
Revised 0112021