HomeMy WebLinkAbout20210574 Bryan Area Variance Revised Application a 0G,4 CITY OF SARATOGA SPRINGS
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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 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/perm its_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 $500
❑ Use variance $1,000
❑ Area variance
- Residential use/property $200
- Non-residential use/property$600
❑ Extensions $150
Check City's website (www.saratoga-springs.org) for application meeting dates.
Revised 01/2019
ZONING BOARDAPPEAL 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 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
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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
Name richard bryan same
138-140 church street, saratoga spings, NY
Address 12866
Phone 518 779 4766 / / /
Email kiprich03@yahoo.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: 0 Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
1. Property Address/Location: 138 church st Tax Parcel No.: 165 50 _ 2 _ 48
(for example: 165.52-4-37)
2. Date acquired by current owner: 11/15/2018 3.Zoning District when purchased: UR3
4. Present use of property: Residential 5. Current Zoning District: UR3
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes (when? 02/2019 For what?CO for 138 church st- )
0 No main bldg
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:
There are two buildings on the property-2 parcels with documented addresses of 138 and 140. Bldg is being regarded as a"
garage"despite separate power, water and address. I would like to have it designated a separate living quarters since it has
been used as such by multiple previous owners for many years
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes 10 No
10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes 0 No
I 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) 12 AREA VARIANCE(pp. 6-7)
Revised 01/2019
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
❑ Interpretation $ 500
❑ Use variance $1,000
0 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? 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):
1. 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 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: 11/15/2018 Purchase amount: $
2) Indicate dates and costs of any improvements made to property after purchase:
Date Improvement Cost
T:,_ a a
a
gi
3)Annual maintenance expenses:$ A11,1,1 1111 p 4)Annual taxes:$ p
5)Annual income generated from property:$ none (negative revenue)
6)City assessed value: $ Equalization rate: Estimated Market Value:$
7)Appraised Value:$ p Appraiser: CID ate:
Appraisal Assumptions:6-m_ :,. ..._..1_1 L.._..., L.___ .____:LI -. i-_ ..__ :,. _ p
Revised 01/2019
ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 4
B. Has property been listed for sale with 10Yes If"yes",for how long? 1 year
the Multiple Listing Service(MLS)? [ONo
I)Original listing date(s):1/2020 Original listing price:$879,000
If listing price was reduced,describe when and to what extent:
Was decreased to$749,000 because potential buyers could not use it for their desires purpose, as deemed by the city
2) Has the property been advertised in the newspapers or other publications? IZIYes ❑No
If yes,describe frequency and name of publications:
Realtor.com, Zillow, ,coldwell bankers,Julie and Co, Times Union. This has been ongoing
3) Has the property had a"For Sale"sign posted on it? Dyes ❑No
If yes, list dates when sign was posted:
From 1/2020 to current
4) How many times has the property been shown and with what results?
Over 20 times
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:
1. unique because property has an established history of being used commercially (nail salon/art gallery/law office/teaming
solutions counselling services). It was with this knowledge of the history that the property was purchased to be used as part of a
medical office. City later said it could be used as a garage and for nothing else.
2. There are many other commercial and multi-family structures in close proximity. In fact it is the only property
being used as a single family with in-law unit. The space; 140 church, for which this application is being submitted is on property
as the main building ie 138 church which was purchased for commercial use
Revised 01/2019
ZONING BOARD OFAPPEALSAPPLICATION 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:
There are multiple properties that are similar in appearance being used as residential dwellings,the purpose for which I intend to
use the property.
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:
Property was puchased with the purpose of using it commercially since there is an extensive and storied history of it being
used throughout the years as such. It has subsequently been deemed by the city to not be approved for such use.
Significant monies were invested in the purchase and the ensuing work for the orginally desired use.
Revised 01/2019
ZONING BOARD OFAPPEALSAPPLICATION 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 From To
1. Maximum # of principal strcutures 1 2
0
4. Minimum lot width 120 70.51
5. Min distance and setback
front, side and total
Other:
main bldg 2200, second bldg 1260sgft. total cvge =3460sgft. lot cvge for both bldgs is 24% bldg cvge
CI
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 property was purchased with the intention of using it commercially (long history of commercial
use) but this was denied by the city. It is being deemed by the city to be a garage but it has its own
address (ie 140 church, principal bldg is 138), own Power and water. It has been used as a living
quarters as well as commercially by previous owners for many years.
It is presently unused, has led to negative revenue since it cant be used commercially and I do not
want to use it illegally as a residential unit; as had been done by previous owners Other options
considered for this property are infeasible. My desire to use it residentially does not change the
welfare or appearance of the neighborhood
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:
It is in line with all other properties in the area that includes many multi-family units, a tailor shop,
a greenhouse, a plumber among many other things. This proposal would change nothing about
the make up of the neighborhood. Request is pre-existing, non-conforming.
Revised 01/2019
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
The variance is not substantial. Property is a structure deemed to be a garage by the city.
It however has its own address, power and energy and has been used illegally by previous
owners both as a residential and commercial unit. I am attempting to legalize use as a residential
structure. Pre-existing, rlorl-corlforrrling.
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:
There will be no changes to the actual physical structure or footprint. Fverythng is already in
place, I am really attempting to legalize a structure with a longstandng history of illegal use by
prcvious owncrs, both rcsidcntially and commcrcially . Prc cxisting, non conforming
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:
Problem was not self created, this structure was being used illegally by multiple previous owners
and I am trying to make it a legal structure. It has radiant heat, ductless heat system all
put in by previous owners.
Revised 01/2019
ZONING BOARD OFAPPEALSAPPL/CAT/ON 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? 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.
2/5/2021
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 01/2019
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 01/2019