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HomeMy WebLinkAbout20210788 42 Circular Area Variance Application 9 SD ATELIER ARCHITECTURE L.L.C. 51T UPO. WAY,2ND FLOOR SARATOtGA SPRINGS,N.Y.12886 PH.518 587 3385/FAX S18 306 6948 SDATELUER COM LETTER OF TRANSMITTAL To : City of Saratoga Springs Date: 8/9/2021 Re: 42 Circular Street Prints: Specifications: Samples: Change Order: Plans: x Copy of Letter: Shop Drawings: Other: X Quantity Date: Number Description 1 8-9-2021 Zoning Application Existing Survey Proposed Site Plan Proposed First Floor and Exterior Elevations Photos of surrounding context The enclosed is transmitted: For Approval: For Review and Comment: For Revisions/Resubmittal: For Your Use: x Approved as Submitted: For Quotation: As Requested: Approved as Noted: For Bids Due Remarks: We are submitting the zoning application for an area variance for a side-yard setback. If you have any questions, please let me know. Respectfully Submitted; Susan Davis SD Atelier—Architecture, L.L.C. \ oc...;I CITY OF SARATOGA SPRINGS so. I ' 'f� lZONING BOARD OF APPEALS �,• r ❖ i , t r Gvf-y Hall, - 474 13ro-a-d wa-y Saura4-o-90-S y, He,w-York/12866 4,,,0a3�� 'g1h Te ,: 518-587-3550 fw>u. 518-580-9480 'YPORINSTRUCTIONS 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/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 $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 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 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 ',.\ l' )(1 i S/. [FOR OFFICE USE1 7 CITY OF SARATOGA SPRINGS 4kA •- `'- (Application#) J Ci/1-9 Nat'l, - 474 13rotteL v-atj Sa-ra-40"ga Seri gy, Ne,w-Yark/12866 Tel,: S18-587-3550 fo4u. 518-580-9480 (Date received) APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* OWN ER(S) (/f not applicant) ATTORNEY/AGENT Julie Furey SD Atelier Architecture, LLC Name 883 Boston Post Rd. 511 Broadway, 2nd Floor Address Madison, CT 06443 Saratoga Springs, NY 12866 Phone (203)314-2664 / / (518) 587-3385 / juliem_furey©yahoo.com sue@sdatelier.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: m Owner 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 42 Circular Street 165 76 2 6.2 I. Property Address/Location: Tax Parcel No.: - - (for example: 165.52-4-37) 2020 UR-4 2. Date acquired by current owner: 3.Zoning District when purchased: U R-4 4. Present use of property: Sinale Family Residence 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes(when? For what? ) IZINo 7. Is property located within(check all that apply)?: VI Historic District 0 Architectural Review District 0 500'of a State Park,city boundary,or county/state highway? 8. Brief description of proposed action: Applicant proposes to remove exterior existing rear deck and build an addition in it's place.The existing entrance to the basement will remain and be re-built. The applicant is also proposing landscaping and gardens and new carriage style garage. (see attached) 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes IZ No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes E No 1 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 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 Ia Area variance -Residential use/property: $ 200 -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: N.A. 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? dyes ❑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): N.A. 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 OFAPPEALSAPPLICATION FORM PAGE.3 USE VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): A use variance is requested to permit the following: N.A. 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&cents"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 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 01/2019 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 01/2019 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): Side-yard Setback The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements From To Sideyard Setback 20' 11' 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. There are not available alternative options. There is not land that could be purchased. The situation is created because the existing house is historic and pre-dates the zoning ordinance. The existing house is currently 5 feet from the sideyard. (3.5 feet to the overhang) The alternatives reviewed included various alternative designs, however any design will automatically trigger a variance due to the existing location of the house. The lot has an unusual configuration and that also impacts the sideyard setback. 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 addition is in the rear yard and will not alter the neighborhood character. The addition will retain the historic character of the house and the proposed gardens will enhance the original character. The proposed modifications are not visible from the front and not alter the house significantly. Revised 01/2019 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: No, the variance is not substantial due to the fact that the original historic house is already over the side-yard setback. The proposed rear addition will not extend significantly beyond the location of the existing rear deck. (6 feet for the rear porch) Again, this is due to the unusual configuration of the lot and the original location of the historic house. The proposed carriage house garage will comply with zoning. All other setbacks and lot coverage percentages will be adhered too. 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: Due to the location of the proposed addition, this will not have adverse physical or environmental effects on the neighborhood. The proposed addition is designed appropriately for the historic home, is located in the rear so that it is not highly visible and will improve the rear aesthetically. The addition will be in the same location as the existing rear deck that will be removed. 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: Due to the original location of the historic home that is already 15 feet into the setback, this is a pre-existing condition and hardship. The historic home dates back to the mid 1800's and pre-dates the zoning ordinance. Due to the unusual and unique features of the house and property,this is not self-created. Any re-building will automatically require a side-yard variance. Revised 01/2019 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. 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 �mbw _a 0/ .a7s e , 9e® 5a pm • I �es 0 ti IT Cal Nap. II ay..agl z� amnp 1 xoer x,01 ®Iaw,,....&I a 17,7_ ear i + 1 r�rp ....rkb�,...r. 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