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Home My WebLink About20210598 Driscoll Use Variance Application z w �FOR OFFICE USEI < � ... _.� � �:� ,�1 p(:.-1 �. ;�`w„ �✓ CITY OF SARATOGA SPRINGS (Application#) ` ' ZONING BOARD OF APPEALS � �,;, A �_ '� +�1.� � CITY HALL-474 BROADWAY (Date received) _ i�:,'� �� L SARATOGA SPRINGS, NEW YORK 12866-2296 �-. TEL: 518-587-3550 X2533 �`�':�„F�, �a``' www.saratoga-springs.org �project Title) :ar�o APPLICATION FOR: ❑ INTERPRETATION, USE VARIANCE, Check if PH Required AREA VARIANCE AND/ORVARIANCE EXTENSION staff Review APPLICANT(S)� OWNER(� �/fnotapp/iCant� ATTORNEY�AGENT Joesph Driscoll David C. Smith Name 125 Mezera Rd 117 Phillips Road Address Schuylerville NY 12871 Valley Falls, NY 12185 Phone 518-795-5197 � � 518-663-5727 � 505-0094 d risc@nycap.rr.com dcsm ith 155@hotmail.com Email Primary Contact Person: �Applicant �Owner �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: m Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 169 Washington Street 165 66 1 6 I. Property Address/Location: Tax Parcel No.: - - (for examp/e: /65.52-4-37) 1994 UR(prior to re-zoning) 2. Date acquired by current owner: 3.Zoning District when purchased: Single Family Rental UR-2 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)?: ❑ Historic District �Architectural Review District ❑ 500'of a State Park,city boundary,or county/state highway? 8. Brief description of proposed action: Convert single family dwelling into two(2)family dwelling. 9. Is there an active written violation for this parcel? ❑Yes �No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes �No 11. Identify the type of appeal you are requesting(checka//thatapp/y): ❑ INTERPRETATION �P. 2� ❑VARIANCE EXTENSION �P. 2� � USE VARIANCE �PP. 3-6� ❑AREAVARIANCE�PP. 6-7� Revised Ol/2021 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGEZ INTERPRETATI�N—PLEASE ANSWER�HE 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 E�CTENSION �F A VARIANCE—PLEASE ANSWER�HE FOLLOWING(add additional information as necessary): I. Date original variance was granted: 2. Type of variance granted? ❑ Use ❑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 Ol/2021 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE.3 USE VARIANCE—PLEASE ANSWER�HE FOLLOWING(add additional information as necessary): A use variance is requested to permit the following: Allow multiple occupancies in this dwelling. 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,NewYork State law requires an applicant to prove all fourof the following "tests". I. That the applicant cannot realize a reasonable financial return on initial investment for any currentlypermitted 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: The owner/applicant has lost money for a number of years on the property. Attached are the preceding three(3)years of IRS Schedule E(Rental Income/Loss)showing steady losses on this property as configured as a single family home. There is simply no market for an 5+ bedroom single family rental in the city that would return a reasonable rental income. Owner/Applicant has een orce o ren a a muc ower ra e o in any enan wi ing o occupy e prope y a on y e rooms occupie . wner rebuilt a derelict property into a a beautiful house with over$250,000 with his personal finances. Owner received a Certificate of Occupancy for the first floor in 2017. In order to finish the work,owner needs to find some positive cash flow. A. Submit the following financial evidence relating to this property(attach additional evidence as needed): 1994 80,000 I) Date of purchase: Purchase amount: $ 2) Indicate dates and costs of any improvements made to property after purchase: Date I m provement Cost 1995 New Roof-Structural Rebuild $40,000 1998, 2002 Complete re-wiring, Complete replumbing $ 120,000 2010, 2013 Exterior overhaul (rebuild porches), Interior refinish $ 90,000 5,551 9,763 3)Annual maintenance expenses:$ 4)Annual taxes:$ 16,200 5)Annual income generated from property: $ 262,300 423,065 6)City assessed value: $ Equalization rate: Estimated Market Value:$ 7)Appraised Value:$ Appraiser: Date: Appraisal Assumptions: Revised Ol/2021 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE�{ B. Has property been listed for sale with ❑Yes If"yes",for how long? the Multiple Listing Service(MLS)? [�No 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 mNo If yes,describe frequency and name of publications: 3) Has the property had a"For Sale"sign posted on it? DYes 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: Most of the dwellings in this area were already had multiple occupancies when the Zoning Districts UR-2 and UR-3 were created and were grandfathered in as existing uses. A substantial portion of the neighborhood is already multiple occupancies, and therefore economically viable. See attached area map indicating multiple occupancy dwellings. Owner/applicant purchased property from family before the Zoning was changed to single family only(UR-2). Other properties on this block would have the same problem if not grandfathered as existing use. Revised Ol/2021 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM 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: Since most of the dwellings in this area are already multiple occupancy, this will not change the character of the neighborhood. In fact, this particular property has substantial off-street parking, so there will be no impact on parking. This property has been substantially renovated to keep the appearance and character of the home original,while bringing internal utilities up to modern codes. 4. That the alle�ed 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 I<nowing(orwas in a position to know)the conditions forwhich the applicant is seeking relief.The hardship has not been self-created for the following reasons: 1.Applicant purchased property prior to code changes prohibited multiple occupancies and has attempted to improve and maintain it out of sentimental value and desire to keep the house within the character of the City of Saratoga Springs. Cost to accomplish this have been prohibitive. It has become a significant burden to the applicant,with no sign of a return on investment. 2. Changes made to the Zoning Laws prevented him from using it as a multiple dwelling prior to his ability to convert it to such a use, as such creating a financial hardship on a year to year basis out of his control. There is no market for an 5+bedroom rental that would generate a reasonable income for such a property as a single family dwelling (see attached income/loss documentation). Revised Ol/2021 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE6 AREA VARIANCE—PLEASE ANSWER�HE FOLLOWING(add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested 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 ha�e been explored (alternative designs,attempts to purchase land,etc.)and why they are not feasible. 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: Revised Ol/2021 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: 4. Whetherthevariancewill have adverse physical orenvironmental effects on neighborhood ordistrict. The requested variancewill not have an adverse physical or environmental effect on the neighborhood or district for the following reasons: 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: Revised Ol/2021 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGEB 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 �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. Date: (applicant 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 Ol/2021 ,�Y�G,1 CITY OF SARATOGA S PRINGS ��" ' i/f,r ` ZONING BOARD OF APPEALS � � �t � '�. - � . � 1 Gi�-y Ha.I,L - 474 f3rPad.�nra-y _ 'I��:,� Sa.ra�ta-ga Spri.�.gy, Ne-w-Yo-rk�12s�� 5 �:��e � Tel,: 518-587-3550 X2533 � � �d'��cA a i�fl ''� www:ya�ra�-o�a-y�i,v�g y.o�rg I NSTRUCTI ONS APPEAL TO THE ZONING BOARD FORAN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE E�CTENSION APPLICATION REQUIREMENTS 1. E��B��n: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. CoMP�ETE SuBM�ss�oNs: Applicants are encouraged to worl<with City staff to ensure a complete application. The ZBA will only consider properly completed applications that contain '��r��r��°1��' ��of the following: ❑ Completed application pages I 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�� ❑ 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 ❑ 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". REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT. Check City's website (wwwsaratoga-springs.org) for meeting dates. Revised Ol/2021 ZON/NG BOARD APPEAL APPUCAT/ON/NSTRUCT/ONS PAGEZ 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 legal notice section of a local publication at least 5 days before the hearing. 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 I 00 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 Ol/2021 2021 LAND USE BOARD FEE WORKSHEET OPED Fees Type 2021 Fee ApplicationtoZoningBoardofAppeals[1][2] TOTAL #VARIANCE UseVariance 115� $1100+$50/app Area Variance-Residential $275/var+$50/app+$125 eachadd'I variance Area Variance-Multi-Family,Comm,Mixed-Use $660/var+$50/app+$200eachadd'I variance Interpretations $550+$50/app Post-WorkApplication Fee Add 50%App fee+$50/app Variance extensions 50%ofApp fee+$50/app Application to Design Review Commission[1] TOTAL #STRUCTURE Demolition $385 Residential Structures Principal $55 Accessory $55 Extension $35 Modification $55 Multi-Family,Comm,Mixed-UseStructures Sketch $165 Principal $550 Exten si o n $200 Modification $330 Multi-Family,Comm,Mixed-Use Accessory,Signs,Awnings Principal $140 Extension $75 Modification $140 Post-WorkApplication Fee Add 50%App fee ApplicationtoPlanningBoard[1] TOTAL #STRUCTURE Special UsePermit[2] $990+$50/app Special UsePermit-extension $330 Special UsePermit-modification[2] $450+$50/app Site Plan Review-incl.PUD: Sketch Plan $330 Residential $330+$200/unit Residential-extension $200 Residential-modification $400 Non-residential $660+$130/1000sf Non-Residential-extension $300 Non-Residential-modification $650 Subdivision-incI.PUD: TOTAL #LOTS Sketch Plan $330 PreliminaryApproval[2] Residential:1-5 lots $660+$50/app Residential:6-10 lots $990+$50/app Residential:11-201ots $1320+$50/app Residential:2l+lots $1650+50/app Residential-extension $330 Final Approval[2] Residential $1320+$175/lot+$50/app Non-Residential $2000/lot+$50/app Final Approval Modification[2] Residential $330+$50/app Non-Residential $550+$50/app Final Approval Extension Residential $135 Non-Residential $330 Other: TOTAL #LOT/ACRE Post-WorkApplication Fee Add 50%App fee Lot Li ne Adj ustment $350 Letter of Credit-modification or extension $440 Letter of Credit-collection up to 1%ofLoC Recreation Fee $2000/lotorunit Land Disturbance $660+$55/acre SEQRA EIS Review(Draft&Final) TBD Legal Noticing if PB requires Public Hearing $50/app [1] Feesarebasedonperstructure,exceptwherenoted. $1,150.�� TOTALDUE [2] Legal ad required;includesCityprocessingand publishing ForAdminisirative Use Total Paid at Intake Revised Fee Balance Due ��_Balance Paid Staffapproval