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Home My WebLink About20190221 Obstarczyk Residence Application ENGINEERING AMERICA CO . 76 WASHINGTON ST . SARATOGA SPRINGS , NY 1 2 8 6 6 5 1 8 / 5 8 7 - 1 3 4 0 5 1 8 / 5 8 0 - 9 7 8 3 ( FAX ) TRANSMITTAL SHEET TO: FROM: Zoning Board of Appeals Tonya Yasenchak COMPANY: DATE: City of Saratoga Springs MARCH 9,2019 FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: 1 ZBA Application&$200 application fee PHONE NUMBER: SENDER'S REFERENCE NUMBER: RE: YOUR REFERENCE NUMBER: Obstarczyk—Garage 147 Spring St. ❑ URGENT IZ[FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑AS REQUESTED Dear Zoning Board of Appeals, Engineering America Co. respectfully submits the attached ZBA application for review of an area variance amendment as related to the newly constructed garage located at 6" closer to the West adjacent property line than originally approved in 2017. We respectfully request to be placed on the April 8'agenda for review. We thank you for your time and consideration. Please contact my office with any questions or if additional information is required. Thank you for your time and cooperation. Tonya Yasenchak,PE Enc. NTT [FOR OFFICE USE/ 0 G4 c'a �� CITY OF SARATOGA SPRINGS 10, ° 51t. A � Na U - 474 a.oV V i/`d (Application#) t y`e r 6 ro- `� 1 "1 r, Sa.ra4-o-go,Sprr'u^9s, Nemr Yo-rki 128 66 /4,c ,��,' TeL: 518-SS 7-3550 � 9 � S�-S-SSD-q480 o (Date received) pORATE0 APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* OWNERS)(If not applicant) ATTORNEY/AGENT Chris Obstarczyk (same) Agent: Engineering America Co. Name 147 Spring St. 76 Washington St. Address Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 (917)558-3935 (518) 587 - 1348 Phone / / / cobstarczyk@yahoo.com tonyay@nycap.rr.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 147 Spring St. 166 61 3 33 I. Property Address/Location: Tax Parcel No.: - - (for example: 165.52—4—37) April 2016 UR-3 2. Date acquired by current owner: 3.Zoning District when purchased: Single Family Residence UR-3 4. Present use of property: 5.Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? IZ Yes(when? 812016 For what?Detached Garage ) IZ No location 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: Contractor constructed detached garage 6"in non-conformance with the approved zoning variance. Seeking amendment to zoning variance for garage as constructed. 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 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) IZ 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 Z Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 ❑ Extensions: $ 150 INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): . 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? JYes ONo 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): . 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 APPEALS APPLICATION FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): Sec.3:Table 2- Area& Bulk The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements From To Accessory Building:Min.Side Yard Setback(at North West Corner) 5.0' 2.5' (2.5'variance=50%variance) 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. When building the new detached garage,the contractor measured from the fence line,assuming the fence was the property line. In fact,the fence is approximately 6"on the adjacent property to the West. This assumption and further construction resulted in the garage roof overhang being located at 2'6"(+1-)from the property line instead of the 3'setback approved by the ZBA in February 2017. Alternatives to remedy this 6"non-compliance is limited: a)Physically lift the structure,modify the foundation and relocate the structure 6"further to the East. This option is not only virtually physically impassible, it would be very costly and is not financially feasible. b) Remove the garage and rebuild it in the new location. This option is not financially feasible. c)Modify the roof overhangs from 12"to 6". The garage design and 12"roof overhangs were approved by the City DRC. Reducing the roof overhangs by 6"would not be consistent with the approved design,architectural character of the garage or surrounding homes. Further DRC review and approval would be required for this minor revision. 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: Granting the variance,which varies only 6"from the original approval will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties: a) The original garage structure(which was removed)was located with roof overhangs over the property line and at 0.7'from the adjacent West property. The current 6"difference from the 3.0'approved roof overhang results in a 2.5'setback which is an improvement from the 0.7'which existed for decades prior. b) The contractor built the detached garage without removing the neighbors fence.Moving the structure would cause more of an impact on the neighbor. c) The North East(Rear left)roof overhang in discussion cannot be viewed from the street L• .. ` /••I'. - • TT` ' ,•. 1•. r r • r r .Y' r •.■ •t I • TT" • r `/ •' •" V T • proximity to property lines. Revised 01/2019 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 variance is not substantial. The previously approved variance allowed for a 3.0'setback(40%variance). The garage and roof overhang as constructed is at 2.5'(50%variance). This is not substantial in perspective that the original garage roof was located at 0.7'from the property line. The accessory structure on the adjacent property directly North of the project site is at 0.7' setback from property line to roof overhang. In comparison, a 2.5'setback is not substantial. 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 additional 6"variance requested for the roof overhang location will not have an adverse physical or environmental effect on the neighborhood or district: a) The garage was constructed with very little impact on the Western neighbor, keeping the fence intact during construction. No further construction is anticipated as part of this variance. b) The garage roof drains on to the project property and does not drain on to the neighbors property. Modifying the roof overhang location by 6"does not effect the drainage pattern. c) The current drainage is better than the previous garage roof which was located at 0.7'from the property line. 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 as the Contractor made an error in assuming that the fence line was on the property line when it was actually 6"on the neighbors property. The surveyor had retired and was not available to visit the site to verify during construction. The non-compliance was noticed after the Building Dept. requested a survey after construction was finished. Although the error was created by the Contractor,the situation is still better than what existed for decades prior at 0.7'and encroachment over the property line. Revised 01/2019 ZONING BOARD OF APPEALSAPPLICQT/ON FORM PAGE 8 JDISCLOSURE Does any City officer,employee,or family member thereof have a financial interest(as defined • • this application? by General Municipal Law Section 809)in Pp 2 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 inuestion the Zoning Board of Appeals, q ,hereby request an appearance before By the signature(s)attached hereto,I/we certify that the information provided within this application and documentation is,to the best of my/our knowledge,true and accurate.l vve further PP accompanying 1 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 associated„�rvf 's application for purposes of conductinganyPP g City staff to enter the property .�� P necessary site inspections relating to this appeal. 3/c /Date:, �+..1 (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 01/2019