HomeMy WebLinkAbout20190071 Stellato Residence Supplemental Info 3-4-19 CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
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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 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". Fees are
cumulative and required for each request below.
❑ Interpretation $480
❑ Use variance $1,000
❑ Area variance
- Residential use/property $175
- Non-residential use/property$600
❑ Extensions $150
SUBMISSION DEADLINE: Check City's website (www.saratoga-springs.org) for application deadlines and meeting dates.
Revised 03/2018
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 12/2015
q [FOR OFFICE USE]
` CITY OF SARATOGA SPRINGS
(Application#)
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(Date received)
'PoRATED
APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT
Tony&Jerilyn Stellato
Name
148 Woodlawn Ave.
Address
Saratoga Springs, NY 12866
518-573-6362
Phone / / /
tonystellato.jr@gmail.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: IZ Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
148 Woodlawn Avenue 165 44 1 52
1. Property Address/Location: Tax Parcel No.: - -
(for example: 165.52—4—37)
Feb. 3, 2016 UR-3
2. Date acquired by current owner: 3.Zoning District when purchased:
Residential UR-3
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?
0 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:
Construction of a 1,281 SF +/-addition including a one-story plus basement connector between an existing residence and
carriage house and an open-sided carport.
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes 12i No
10. Has the work, use or occupancy to which this appeal relates already begun? Yes VI No
I. 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) 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 $ 480
❑ Use variance $1,000
IZ Area variance
-Residential use/property: $ 175
-Non-residential use/property: $ 600
❑ Extensions: $ 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? EYes ❑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):
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 03/2018
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 03/2018
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)? C❑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? ❑Yes ❑No
If yes, describe frequency and name of publications:
3) Has the property had a"For Sale" sign posted on it? IYes ❑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 03/2018
ZONING BOARD OF APPEALS APPLICATION FORM PAGE S
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 03/2018
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
2.3 (Table 3)
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements From To
Max. Principal Building Coverage 30% 57%
Min. Side Setback 4 FT 3 FT
Min.Total Side Setback 12 FT 4.5 FT
Principal Building Rear Setback* 67.5 0
* Existing Accessory Bldg Setback Non-conformity(0')eliminated
Other:
Continuation of existing area non-conformities including: 1) lot area 6,500 SF, 2) lot width 50 FT, 3)front setback 2.5 FT,4) rear
setback 0 FT. 51 side setback 1.5 FT. The followina existina non-conformities will be extinauished: 1)maximum accessory buildina
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.
Lots in this area of the city were created long before the adoption of zoning, and as such do not typically meet many of the
contemporary bulk and area requirements. The applicants seek to add a first floor master suite which will afford the opportunity
for them to care for elderly family members when the time is appropriate, and for the applicants to remain in this home and live on
one level as they themselves age. The project also includes a stairwell addition to replace an existing unsafe basement stairwell
that provides egress from the rear of the house. An additional garage bay is proposed to provide indoor storage for one of the
applicants'vehicles, and an open sided carport is proposed to protect the applicants'two additional vehicles from damage caused
by black walnuts whish fall from raid-surnrner through fall and have uaused uonsiderable damage already. The applivanls have
considered removing the black walnut trees, but find that option aesthetically unappealing as it will negatively impact the character
of their yard,the alley and the neighborhood. Additionally, the applicants do not own all of the walnut trees that contribute to the
problem. The applicants have considered moving to a different home that would provide the necessities this project will afford, but
none are available that measure up to the location and character of this home. The applicants have lovingly restored many of the
features of this historic home, and they wish to remain here and continue to enjoy and improve it.
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 neighborhood includes many homes and carriage houses which have been expanded and/or connected to cover as much or
more of their lots and within similar distances to the property lines as this project proposes. The applicants' property is actually
significantly wider than many in the neighborhood with similar building coverage, and will contain more landscaped area after
construction of the project than most have. The adjacent house and garage directly to the south are within one foot of the
applicants'side lot line. Continuing to the south within the same UR-3 zone are numerous multi-family buildings, many of which
cover the majority of their sites with buildings and parking lots. Many of the homes and carriage houses in the neighborhood
which have been expanded similarly to the applicants' proposal have greatly improved the neighborhood. The applicants'rear
addition will continue this trend, particularly improving the character of Long Alley.
Revised 03/2018
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 variances are not substantial because the applicants' proposal will maintain bulk and area standards that are in harmony with
the neighborhood. While the amount of relief requested might be considered substantial in a modern subdivision,the bulk and
area standards proposed are actually more in harmony with the character and historical context of this neighborhood than strict
compliance with the zoning ordinance would be.
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 applicants'proposal will have no adverse physical or environmental effects on the neighborhood or district. The relief
requested is well within the limits established by other properties in the neighborhood.
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:
While the difficulty in conforming with the zoning ordinance was created by the applicant's needs,the relief sought is not
excessive for the reasons stated above. Additionally, the two side setback variances requested are solely related to the difficulty
associated with vehicle damage caused by falling black walnuts. This difficulty is not at all self-created.
Revised 03/2018
ZONING BOARD OF APPEALS APPLICATION FORM 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? IZI 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 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 03/2018
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: TAX 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 0 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 03/2018
Stellato Residence Addition Bulk and Area Summary
Revised 3/2/2019
AREA CALCULATIONS
Description Length (FT) Width (FT) Area (SF)
Lot Area 130 50 6,500.0
Ex. House Area
Front Section 16 22.5 360.0
Center Section 13 29.5 383.5
Rear Section 13.3 22.5 299.3
Front Porch 44.5 7 311.5
Subtotal 1,354.3
Deck/Slab 12 24 288.0
Total 1,642.3
Ex. Carriage House Area
Building Area 32 24 768.0
Covered Porch 16 8 128.0
Total 896.0
Addition Area
Stairwell/Mudroom 13 15.5 201.5
Master Suite/Garage 25.5 18.5 471.8
Garage Connector 5 18.5 92.5
Carriage House Stairway 4.5 23 103.5
Stairway Entrance 3.5 9.5 33.3
Carport 21 18 378.0
Total 1,280.5
Proposed Building Area
Ex. House 1,354.3
Ex. Carriage House 768.0
Addition 1,280.5
Proposed Deck/Slab 25 12 300.0
Total 3,702.8
Existing Impervious Area
Ex. House 1,642.3
Ex. Carriage House 896.0
Patio 12 20 240.0
Walkway 125 3 375.0
Driveway 35 21 735.0
Total Ex. Impervious Area 3,888.3
Existing Permeable Area 2,611.8
Existing Percent Permeable 40.2
Proposed Impervious Area Length (FT) Width (FT) Area (SF)
Proposed Building Area 3,702.8
Ex. Walkway Front to Side 51 3 153.0
Prop. Walkway Side to Rear 18 6 108.0
Prop. Walkway Rear 13 4 52.0
Prop. Trash/Recyclng Pad 8 7 56.0
Prop. Driveway Beyond Carport 8 18 144.0
Proposed Impervious Area 4,215.8
Proposed Permeable Area 2,284.3
Proposed Percent Permeable 35.1
BULK&AREA SUMMARY
Description Required Existing Proposed Variance Variance
Min. Lot Size/2-Units (SF) 8,000.0 6,500.0 * No Change
Min. Avg. Lot Width (FT) 80.0 50.0 * No Change
Max. Principal Building Coverage (%) 30.0 20.8 57.0 27.0 89.9%
Max. Accessory Building Coverage (%) 10.0 13.8 * N/A
Min. Front Setback (FT) 10.0 2.5 * No Change
Min. Rear Setback (FT) 25.0 0.0 * No Change
Min. Left Side Setback(FT) 4.0 1.5 * No Change
Min. Right Side Setback(FT) 4.0 15.5 3.0 1.0 25.0%
Min.Total Side Setback (FT) 12.0 17.0 4.5 7.5 62.5%
Min. Prin. Bldg. 1st Floor Area/2-sty(SF) 800.0 1,354.3 3,702.8
Max. Principal Building Height (FT) 60.0 36.7 No Change
Min. Distance From Accessory Bldg. to:
Principal Building (FT) 5.0 35.5 N/A
Front Line (FT) 10.0 98.0 N/A
Side Line (FT) 5.0 4.5 * N/A
Rear Line (FT) 5.0 0.0 * N/A
Minimum Percent Permeable (%) 25.0 40.2 35.1
*Indicates existing non-conformity
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