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HomeMy WebLinkAbout20210603 Saxton Area Variance Application 'HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" 'FOR OFFICE usEj S'r, CITY OF SARATOGA SPRINGS (Application#) -� ,, ZONING BOARD OF APPEALS A W' '- _ CITY HALL-474 BROADWAY (Date received) 27 SARATOGA SPRINGS, NEW YORK 12866-2296 TEL: 518-587-3550 X2533 vvww.saratoga-springs.org (Project Title) APPLICATION FOR: INTERPRETATION, USE VARIANCE, Check if PH Required AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT Name JACQUELYN L. SAXTON Address 34 GLENMORE AVENUE SARATOGA SPRINGS, NY 12866 Phone 518 587-0965 / / / Email jasaratoga@gmail.com Primary Contact Person: ✓Applicant E✓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: 121 Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION I. Property Address/Location: 34 GLENMORE AVENUE Tax Parcel No.: 178 00 - 1 - 45.2 (for example: /65.52- 4--37) 2. Date acquired by current owner: DECEMBER 5, 2005 3. Zoning District when purchased: 'JR 2 URBAN 4. Present use of property: RESIDENTIAL 5. Current Zoning District: UR 2 URBAN 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes(when? For what? ) la 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: PROPOSED TWO LOT SUBDIVISION 9. Is there an active written violation for this parcel? 0 Yes el 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): ❑ INTERPRETATION (p. 2) 0 VARIANCE EXTENSION(p. 2) 0 USE VARIANCE (pp. 3-6) Ed AREA VARIANCE(pp. 6-7) Revised 01/202] ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2 INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): I. Identify the sections)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? ryes [.]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? C.] 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". 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 01/2021 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)? [ONo 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 DNo 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 111/2021 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 01/2021 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 District Requirement Requested ALLOW PROPOSED AVERAGE LOT WIDTH FROM THE 60' 58.39' REQUIRED 60'TO 58.39' 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. THE REAR OF THE PROPSED LOT WAS CONSIDERD BUT IT IS THE DESIRE OF THE OWNER TO KEEP THAT PORTION OF THE PROPERTY AND TO CONTINUE TO USE IT FORM THE SMALL ASPARAGUS FARM THAT EXISTS THERE, ALONG WITH THE LILY GARDENS AND TO PROTECT THE TREES AND BUSHES THAT SCREEN THE RAILROOD SPUR THAT SPLITS THE PROPERTY. 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: THE PROPOSED LOT WAS EXTENDED BEYOND THE REQUIRED MINIMUM DEPTH IN ORDER TO PROVIDE ADDITIONAL RECREATIONAL SPACE FOR POTENTIAL OWNERS.A NUMBER OF THE MORE THAN 70 HOMES IN THE NEIGHBORHOOD HAVE MINIMUM SIZED LOTS OR AREA VARIANCES. Revised 01/2021 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 PROPOSED LOT IS 61'WIDE IN THE FRONT, 61'AT 110' OF DEPTH AND 53.39'AT THE THE REAR MARK OF 168.80', THE PROPOSED LOT AVERAGES 58.39'OF WIDTH.tHIS IS NOT A SUBSTATIAL DIFFERENCE AND IS MORE THAN COMPENSATED FOR BYTH THE OVERALL LOT SIZE. 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 PROPOSED LOT HAS THE EXACT SAME RESIDENTIAL USE AS THE FULLY DEVELOPED NEIGHBORHOOD. THE ROAD, SEWER, WATER AND STORM DRAINS ARE ALL IN PLACE SO THER SHOULD NOT BE AN ADVERSE ENVIRONMENTAL EFFECT.THE NEIGHBORHOOD HAD A PLANNED DENSITY AND THIS ADDITIONAL LOT WILL NOT HAVE AN ADVERSE EFFECT ON THE DISTRICT. 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 DIFFICULTY WAS SELF-CREATED IN AS MUCH AS TE PROPOSED LOT WAS DESIGNED LARGER THAN THE REQUIRED MINIMUM LOT OF 60, BY 110,. THE ENLARGEMENT OF THE LOT MAKES THE PROPOSED LOT A BETTER MORE USABLE LOT AND BETTER FOR POTENTIAL OWNERS. Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION FORM PAGE B 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 D 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. ligDate: i /Z1/L) (a..licant s gna re) I 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 01/2021 CITY OF SARATOGA SPRINGS il...r-1 ; ZONING BOARD OF APPEALS A C1,1-9 Ha-U. - 474 broad vray .,t , Sarci-to a,Spri,ngs; New-York 12.s66 TeL: 518-587-3550 X2533 wwwycwa 1-oga-sp-r �g ..ovg INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS 1. 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 I digital version of the following: D 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/perm its_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.). O 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 (www.saratoga-springs.org) for meeting dates. Revised 01/2021 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 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 100 feet This notice must be sent at least 7 days but not more than 20 days before the date cif 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 01/2021 2021 LAND USE BOARD FEE WORKSHEET OPED Fees Type 2021 Fee Application to Zoning Board of Appeals[1][2] TOTAL NVARIANCF Use Variance $1100+$50/app Area Variance Residential 31 f, $275/var+$50/app+$125 each addl variance Area Variance Multi Family,Comm,Mixed-Use $660/var+$50/app+$200 each adds variance Interpretations $550+$50/app Post Work Application Fee Add 50%App tee+$50/app Variance extensions 50%ofAppfee+$50/app Application to Design Review Commission [1] TOTAL RSTRUCTURE Demolition I$385 Residential Structures Principal $55 Accessory $55 Extension $35 Modification $55 Multi-I amily,Comm,Mixed-Use Structures Sketch — $165 Principal $550 Extension $200 Modification $330 Multi E amily,Comm,Mixed-Use Accessory,Signs,Awnings Principal $140 Extension $75 Modification 5140 Post Work Application Fee Add 50%App fee Application to Planning Board jl] TOTAI 8STRUCTURF Special Use Permit[2] $990+$50/app Special Use Permit extension $330 Special Use Permit-modification[21 $4.50+$S0/app Site Plan Review incl.PURR Sketch Plan $330 Residential $330+$200/unit -- Residential extension $200 Residential modification $400 Noir residential $660+$130/1000 sI Norm Residential extension $300 Nun Residential modification $650 Subdivision incl.PUD. TOTAL III OTS Sketch Plan j$330 Preliminary Approval[21 Residential.1 S lots $660+$50/app Residential:6 10 lots $190+$50/app Residential.11.20 lots $1320+$S0/app Residential.214 lots $1650450/app Residential extensions $330 Final Approval j2] Residential $1320+$175/lot 4$50/app Non Residential $2000/lot r$50/app Final Approval Modification 121 Residential $330 r$50/app Non-Residential $550 i$50/app Final Approval Extension Residential $135 Non Residential $330 Other. TOTAL BLOP/ACRE Post Work Application Fee Add 50%App fee lot Line Adjustment $350 Letter of Credit-modification or extension _ $440 Letter of Credit collection uptol%ofloC Recreation Fee -- $2000/lotorunit Land Disturbance $660+$S5/acre SFORA HS Review[Draft&[anal) 1130 Legal Noticing if PB requires Public Hearing $50/app 111 Fees are based on per structure,except where noted $0.00 TOTAL DUE 121 Legal ad required;includes City processing and publishing For Administrative Use Total Paid at Intake Revised Fee Balance Due _�_ /_Balance Paid Staff approval