HomeMy WebLinkAbout20190171 Agius Subdivision Application t,{;. CITY OF SARATOGA SPRINGS
{ .,..-.1-1
! G F ; ZONING BOARD OF APPEALS
z
.`: :.► 6 Ur:
r g-_ .-� �fj N raL -- 474 r
= r Sam a,S ! e., r` o ki S6C�
f''r •r, a`,' T z 518-587-3554 falu 51-5-584--g4so
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 I original and I 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
❑ Completed SEQR Environmental Assessment Form—short or long form as required by action.
http://www.d e c.ny.gov/docs/permits_e j_o p erati o n s_p df/seaf parto n e.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.
O Interpretation $500
❑ Use variance $1,000
I Area variance
- Residential use/property $200
Non-residential use/property$600
❑ Extensions $150
Check City's website(www.sarataga-springs.org)for application meeting dates.
•
Revised 01/2019
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 01/2019
[FOR OFFICE USEI
-:,• �' CITY OF SARATOGA SPRINGS
r �_!, ;f, - (Application#}
Lt .;•., - Gu�# N 474 6r
• • S o-iT 614-0-ga N t V !ark/fY 12 8 66
518-SS 7-3550 j -53.8-580 7480
�?�c ,a;�v '` (Date received)
APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANTS)` OWNER(S)(If not applicant) AT FORNEY/AGENT
JAMES C.AGIUS
Name PATRICIA A.AGIUS MICHAEL J.TOOHEY,ESD.
SNYDER,KILEY,TOOHEY,CORBETT
Address 712 ROUTE 9P &COX,LLP
P.D.BOX 4367
SARATOGA SPRINGS, NY 12866 SARATOGA SPRINGS,NY 12866
Phone 518 257-0301 (518) 584-1500 584..1503
S 1
Email patlynChaSSociates@nycap.rr.com mtoohey@sktcclaw.com
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: Gd Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
192 12 1 53
1.Property Address/Location: SOUTH OF ARROWHEAD ROAD Tax Parcel No.: 192 12 _ 1 _ 36
(for example: 165.52.4---37)
2. Date acquired by current owner: 7129/04,7/27/01 3.Zoning District when purchased: SR-2
4. Present use of property: (3)SINGLE-FAMILY 5.Current Zoning District: SR-2
6. Has a previous ZBA application/appeal been filed for this property?
❑Yes(when? For what?
lid No
7. Is property located within(check all that apply)?: 0 Historic District ❑Architectural Review District
0 500'of a State Park,city boundary,or county/state highway?
8. Brief description of proposed action:
PLEASE SEE ATTACHED NARRATIVE AND SUBDIVISION SURVEY
9_ Is there a written violation for this parcel that is not the subject of this application? 0 Yes No
10. Has the work,use or occupancy to which this appeal relates already begun? El Yes ®No
I I. Identify the type of appeal you are requesting(check all that apply):
❑ INTERPRETATION(p.2) 0 VARIANCE EXTENSION(p.2) ❑ USE VARIANCE(pp.3-6) 12I AREA VARIANCE(pp.6-7)
Revised 01/2019
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 $ 500
❑ Use variance $1,000
RI Area variance
-Residential use/property: $ 200
-Non-residential use/property: $ 600
❑Extensions: $ 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)
2. How do you request that this section be interpreted?_
3. If interpretation is denied,do you wish to request alternative zoning relief? fYes ❑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 01/2019
ZONING BOARD OF APPEALSAPPLIG4TION 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¢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 01/2019
ZONING BOARD OF APPEALSAPPLICATION FORM PAGE 4
B. Has property been listed for sale with []Yes If"yes",for how long?
the Multiple Listing Service(MLS)? InNo
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 ONo
If yes,describe frequency and name of publications:
3)Has the property had a"For Sale"sign posted on it? CDYes 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 01/2019
ZONING BOARD OFAPPEALS APPLICATION 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 01/2019
ZONING BOARD OF APPEALS APPL ICA TION FORM PAGE 6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
TABLE 3 AREA AND BULK
The applicant requests relief from the following Zoning Ordinance article(s) SCHEDULE
Dimensional Requirements From To
SEE EXHIBIT A FOR ALL RESPONSES TO AREA VARIANCE
REQUESTS AND REQUIREMENTS
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:
. 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.
SEE EXHIBIT A
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:
SEE EXHIBIT A
Revised 01/2019
ZONING BOARD OFAPPEALS'APPLJCATION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
SEE EXHIBIT A
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:
SEE EXHIBIT A
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:
SEE EXHIBIT A
Revised 01/2019
ZONING BOARD OFAPPEALS APPLICATION FORK 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? igNo 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)Jlessee(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.
r
t Date: . 1�,5
7 ( .plca t s gnature)411. 91/4
Date:
(applicant si_Ih e)
If applicant is not the currently the owner of the property,the current owner must also sign.
Owner Signature: Date:
Owner Signature: Date:
Revised 0112019
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: TALC PARCEL No.: --
PROPERTY ADDRESS: ZONING DISTRICT:
This applicant has applied to use the identified property within the City of Saratoga Springs for the following:
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 ❑ Interpretation
❑ Use Variance to permit the following:
❑Area Variance seeking the following relief:
Dimensional Requirements From To
Other:
Note:
❑Advisory Opinion required from Saratoga County Planning Board
ZONING AND BUILDING INSPECTOR DATE
Revised 0112019
NARRATIVE
Applicants: James C. Agius & Patricia A. Agius (f/k/a Patricia A. Lynch)
Tax Parcels: 192.12-1-36 and 192.12-1-53
Purpose for Application: Area Variances leading to subdivision of Property
Narrative:
The City of Saratoga Springs has several neighborhoods in which the boundaries of the parcels and
in fact, the use of the parcels pre-exists modern Zoning.
This Application involves land in such a neighborhood. The parcels in question are located on the
north shore of Saratoga Lake in the general vicinity of where the Kayaderosseras Creek enters the
west side of Saratoga Lake. The neighborhood is in an SR-2 Zone. The relatively odd configuration
of the lots first appeared on Map filed in the Saratoga County Clerk's office by the Hudson valley
Railway Company as"Map showing land and subdivision of portion of the land, Saratoga Lake,New
York" dated January 22, 1923 and filed in the office of the Clerk of Saratoga County, February 16,
1926 in Map Case#28.
I am attaching a copy of the 1923 Map and what is a cleaner copy of the relevant portions of the 1923
Map, both of which came from the County Clerk's file,a copy of the City Zoning Map showing
these lots and finally a copy of the present Tax Map. All of these maps show the same configuration
of Lot 9, 10 and 11 which are the old lot designation numbers for the parcels as appeared on the 1923
Map and is the land that this Application deals with.
Presently there exists three (3) single family residence on the two (2)tax parcels. One on Tax Parcel
192.12-1-53 and two (2) on Tax Parcel 192.12-1-36. We believe that the existence of these
residential units pre-exists modern zoning and as a result are pre-existing non-conforming uses.
From what I can determine having submitted a Freedom of Information request to the City and
knowing that the building department has searched its records,the City records do not refute that
these three (3) structures are pre-existing single-family residential uses.
The Applicant ultimately wants to subdivide these two (2) parcels and create three residential parcels,
all of which will be Iarge enough to comply with the Minimum Lot Size requirements within this
Zone. As a result of the proposed subdivision of the land,that area variances with regard to setbacks
etc. are needed for the three (3) lots that will be created.
The next unique aspect of this is that virtually none of the single family lots in this neighborhood are
on a public road. The driveway system that is within the neighborhood exists on the 1923 Map and
Zoning Map, but they do not exist on the Tax Map. By these driveways,which are privately owned
and maintained,neighbors have entered and exited these lots since 1923 and they continue to use this
method of ingress and egress to this date. As a result,for purpose of this Application,the side of the
lots that is closest to Arrowhead Road (the nearest public road) I have designated as the front and the
side that faces Saratoga Lake is designated as the rear and the property lines that are generally on the
north and the south, because of the configuration and placement of the lots, I have designated as the
sides.
EXHIBIT A
AREA VARIANCE DIMENSIONAL REQUIREMENTS
PROPOSED SUBBDIVIDED LOT 1
Dimensional Requirements From To
Side Yard 12 feet 6.75 feet±
Rear Yard 30 feet 12.2 feet±
PROPOSED SUBDIVIDED LOT 2
Dimensional Requirements From To
Minimum Average Width 100 feet 98 feet±
Front Yard 30 feet 20.2 feet+
Rear Yard 30 feet 15.8 feet
PROPOSED SUBDIVIDED LOT 3
Dimensional Requirements From To
Minimum Average Width 100 feet 67 feet+
Side Yard * 12 feet 0 feet±
Total Side Yard 30 feet 13.5 feet
Patio * 10 feet 0 feet
*There are three(3)sheds on the two(2)parcels which are considered"Residential Accessory Structures"
and are permitted on the Lots. All sheds shall be moved so that they will comply with the"setback"
requirements.
*On Lot 3 there is an encroachment of the concrete pad and the retaining wall onto the neighbors
property. Those encroachments shall be removed.
*The concrete pad on Lot 3 is a patio and has a 10-foot setback requirement,the house itself is 12 feet off
of the property line.
1. Whether the benefit sought by the Applicants can be achieved by other feasible
means. Identify what alternative to the variance have been explored (alternative
designs, attempts to purchase land etc) and why they are not feasible.
A. In designing the three(3) Lots that the Applicant is ultimately seeking,
we have configured the Lots so that they are all in compliance with the
Minimum Lot size of 20,000 square feet in this Zone as each lot will have
access to municipal sewer lines. The three (3) existing structures on the
Lots are pre-existing as is the fact that there are two (2)principal buildings
on Tax Parcel 192.12-1-36. As a result, the requirement for the setback
variance are caused by the pre-existing location of the residence and the
subdivision which will eliminate the zoning violation of having two (2)
principal buildings on the Lot.
With regard to alternate solutions,the residential parcels that are adjacent
to the parcels within this Application are already occupied by residential
structures and they do not meet the Minimum Average Width standard in
the SR-2 Zone and as a result, the acquisition of additional land might
relieve some of the extent of the setback variances we are seeking but it
would cause the neighboring properties to be more non-compliant.
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 to the
neighborhood character for the following reasons:
A. The tight residential nature of this neighborhood already existed when the
Railroad created the 1923 subdivision map. More than two (2) dozen
structures are depicted on that filed map. With this application, no new
residential structures shall be created and their positionon the subdivided
lots will be verified and permitted under the modern zoning code.
3. Whether the variance is substantial. The requested variance is not substantial for
the following reasons:
A. When you have structures and improvements that were placed on oddly
configured historic lots,prior to the requirements of modem zoning, you
create a significant likelihood that area variance will be required, some of
which are mathematically substantial. This is the case here but of the nine
(9) variances that are requested, six (6) are as a result of the pre-existing
condition and three (3) are as a result of the attempt to create lots that all
comply with the minimum lot size requirements in the Zone.
4. Whether the variance will have adverse physical or environmental effects on the
neighborhood or district. The requested variance will not have an adverse physical
or environmental effect on the neighborhood or district for the following reasons:
A. The requested area variances and in fact, the requested subdivision of these
two (2)tax parcels into three single-family residential Lots will have
absolutely not effect on the neighborhood as the residences which pre-date
zoning all continue to exist on the land, in the same configuration and distance
from all other residences in the neighborhood as they have since at least 1960.
S. Whether the alleged difficulty was self-created (although this does not necessarily
preclude the granting of an area variance) Explain whether the alleged difficultly
was or was not self-created:
A. The two (2) tax parcels in question have three(3) homes located on the land.
The Zoning Code in Section 2.3(A)prohibits two (2)principal buildings to be
established on any one lot as we have here. So, in one respect,the area
variances that are required because of the subdivision of the tax parcels are
being requested so as to eliminate a violation of the Zoning Code. The other
variances are not self-created as they were pre-existing non-conforming and
but for the requested variances would not be considered zoning code
violations_