HomeMy WebLinkAbout20210772 2 Glen Drive Area Variance Public Comment **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** jFOROFFICE USEl
ocA, /1, CITY OF SARATOGA SPRINGS (Application#)
ZONING BOARD OF APPEALS
2 CITY HALL-474 BROADWAY
-'_ 2'�,� (Date received)
SARATOGA SPRINGS, NEW YORK 12866-2296
• '�a�� 'w, TEL: 518-587-3550 X2533
i4t, �artio a``' www.saratoga-springs.org
Title)
APPLICATION FOR:
INTERPRETATION, USE VARIANCE, Check if PH Required 1-1
AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review
APPLICANT(S)* OWNER(S) (if not applicant) ATTORNEY/AGENT
Jeff Nadeau
Name
2 Glen Dr.
Address Saratoga Springs, NY 12866
413-329-2133
Phone
jnadeaul@gmail.com
Email
Primary Contact Person: E✓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 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
2 Glen Drive, Saratoga Springs NY 165 13 2 69
I. Property Address/Location: 12866 Tax Parcel No.: -(for example: /65.52-4—37)
July 2009
2. Date acquired by current owner: 3.Zoning District when purchased:
Primary residence
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes(when? For what?
2 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:
Addition to house that expands living room, kitchen, 2 bedrooms upstairs. New construction of 3 season room and balcony off
back of the house.
9. Is there an active written violation for this parcel? 0 Yes No
10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes E No
11. Identify the type of appeal you are requesting(checkall that apply):
0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) 0 USE VARIANCE (pp. 3-6) 2 AREA VARIANCE(pp. 6-7)
Revised 01/2021
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE
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 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 01/2021
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE
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 01/2021
ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE{
B. Has property been listed for sale with EYes 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 ❑No
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 01/2021
ZONING BOARD OFAPPEALSAPPLICATION 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 01/2021
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE
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
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 house when purchased was non-conforming to current set back requirements of city code, so any addition is not feasible
without granting of a variance.
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 granting of the variance will not have any undesireable change in the neighborhood. The addition will be well within all
neighboring property lines. The addition will improve the overall appearance of the current house and will be a positive change for
the neighborhood.
Revised 01/2021
ZONING BOARD OFAPPEALS APPLICATION FORM PAGE
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
The variane will be 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 requested variance will not have an adverse physical or environmental effect of the neighborhood. The variance will help
improve the aesthetic appeal of the house and all aspects of the new construction will be conforming to code which will in now
vvay have any neyalive on ll ie neiyl iLoi l iuod ui dish ik.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:
The alleged difficulty was not self-created. The home when purchased was non-conforming to current city set back requirements,
thus making any addition not possible without the granting of a variance.
Revised 01/2021
ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGER
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 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.
41117/27/2021
Date:
l'e) (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 01/2021
0G4 sA� CITY OF SARATOGA SPRINGS
• ZONING BOARD OF APPEALS
„cto ) A
n
Ha-U, - 474 13ro-a-d-vva9
-44'11* .^r Sara-oga New-Yo-rki 1-2.866
TeL: 518-587-3550 X2533
°0'5'PoaA-v.n `c" ww :sarc4aga.-yp-ri,vtgyorg
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 1 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".
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
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 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 01/2021
2021 LAND USE BOARD FEE WORKSHEET
OPED Fees Type 2021 Fee
Application to Zoning Board of Appeals[1][2] TOTAL #VARIANCE
Use Variance $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+$200 eachadd'I variance
Interpretations $550+$50/app
Post-Work Application Fee Add 50%App fee+$50/app
Variance extensions 50%ofApp fee+$50/app
Application to Design Review Commission[1] TOTAL #STRUCTURE
Demolition I $385
Residential Structures
Principal $55
Accessory $55
Extension $35
Modification $55
Multi-Family,Comm,Mixed-Use Structures
Sketch $165
Principal $550
Extension $200
Modification $330
Multi-Family,Comm,Mixed-Use Accessory,Signs,Awnings
Principal $140
Extension $75
Modification $140
Post-Work Application Fee Add 50%App fee
Application to Planning Board[1] TOTAL #STRUCTURE
Special Use Permit[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+$130/1000 sf
Non-Residential-extension $300
Non-Residential-modification $650
Subdivision-incl.PUD: TOTAL #LOTS
Sketch Plan I $330
Preliminary Approval[2]
Residential:1-5 lots $660+$50/app
Residential:6-10 lots $990+$50/app
Residential:11-20 lots $1320+$50/app
Residential:21+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-Work Application Fee Add 50%App fee
Lot Line Adjustment $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] Fees are based on per structure,except where noted. $0.00 TOTAL DUE
[2] Legal ad required;includes City processing and publishing
For Administrative Use
Total Paid at Intake
Revised Fee
Balance Due
/ / Balance Paid Staff approval
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Short Environmental Assessment Form
Part 1 -Project Information
Instructions for Completing
Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as
thoroughly as possible based on current information.
Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the
lead agency;attach additional pages as necessary to supplement any item.
Part 1—Project and Sponsor Information
Name of Action or Project:
Project Location(describe,and attach a location map):
Brief Description of Proposed Action:
Name of Applicant or Sponsor: Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ ❑
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES
If Yes,list agency(s)name and permit or approval: ❑ ❑
3. a.Total acreage of the site of the proposed action? acres
b.Total acreage to be physically disturbed? acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? acres
4. Check all land uses that occur on,are adjoining or near the proposed action:
❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial 0 Residential(suburban)
❑Forest ❑ Agriculture Aquatic 0 Other(Specify):
❑Parkland
SEAF 2019
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? ❑ ❑ ❑
b. Consistent with the adopted comprehensive plan? ❑ ❑ ❑
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
❑ ❑
7. Is the site of the proposed action located in,or does it adjoin, a state listed Critical Environmental Area? NO YES
If Yes,identify: ❑ ❑
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑ ❑
b. Are public transportation services available at or near the site of the proposed action? ❑ ❑
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ ❑
action?
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
❑ ❑
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water:
❑ ❑
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:
❑ ❑
12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES
which is listed on the National or State Register of Historic Places,or that has been determined by the El El
of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ ❑
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency? ❑ ❑
b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ ❑
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
Page 2 of 3
14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply:
EShoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional
El Wetland ❑ Urban El Suburban
15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES
Federal government as threatened or endangered?
❑ ❑
16. Is the project site located in the 100-year flood plan? NO YES
❑ ❑
17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YES
If Yes, ❑ ❑
a. Will storm water discharges flow to adjacent properties? ❑ ❑
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑ ❑
If Yes,briefly describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES
or other liquids(e.g.,retention pond,waste lagoon,dam)?
If Yes,explain the purpose and size of the impoundment: ❑ ❑
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES
management facility?
If Yes,describe: ❑ ❑
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed) for hazardous waste?
If Yes,describe: ❑ ❑
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name: Date:
Signature: Title:
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