The URL can be used to link to this page

Home My WebLink About20210905 5 Jumel Area Variance Application **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** jFOROFFICE USEl c'?' TDG4 -51p, CITY OF SARATOGA SPRINGS (Application#) 4. .�41 �7 ZONING BOARD OF APPEALS CITY HALL-474 BROADWAY (Date received) mow;uf SARATOGA SPRINGS, NEW YORK 12866-2296 `''{.. TEL: 518-587-3550 X2533 �c�RPdRATE9 191 www.saratoga-springs.org (Project 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 Matthew Richwine Name 5 Jumel Place Address 518-396-6412 Phone / / / matt.richwine@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 5 Jumel PI 166 53 2 17 I. Property Address/Location: Tax Parcel No.: - - (for example: /65.52-4—37) Sep 20, 2019 UR3 2. Date acquired by current owner: 3.Zoning District when purchased: Residence UR3 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: Convert the existing auxiliary structure to a second principle structure 9. Is there an active written violation for this parcel? 0 Yes 0 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&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 01/2021 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): Section 2, Table 3 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested Permit a second principle structure 1 2 Side yard setback, each side 4 2 Side yard setback, total 12 2 Minimum average lot width 80 55 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 existing auxiliary structure was constructed long before the setback requirements were in place.The intent is to preserve the long-standing appearance of the auxiliary structure with no exterior modifications. 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 exterior appearance of the structure would be preserved and would fit the character of the street, the nieghborhood, and the city where there are numerous examples of garage/carriage house structures that are used in part as a primary structure. including: 13 Jumel PI, 99 Ludlow, 101 Ludlow, 92 Ludlow(these are within a 4-house radius; there are many other examples in a two block radius). Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The requested variance is not substantial because the exterior appearance and footprint of the structure will be unchanged. The coverage of the zoned lot is currently 17%for the primary structure and 7%for the auxiliary structure that is proposed to be a second primary structure.Therefore, the total coverage area of the structures is and will remain at 24%, which is under the 30% coverage maximum. There are ample setbacks on the front and back of the property. 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 exterior appearance of the structure will not change; it is desired to preserve the long-standing appearance of the structure. Therefore,there are no adverse physical or environmental effects anticipated to 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: The difficulty was not self-created. The structure has been in-place in its current form for many decades and prior to our acquiring the property. 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. 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 01/2021 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 a original and 1 angnmversiior 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 700 4 $275/var+$50/app+$125eachadd'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. $700.00 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 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: 5 Jumel Place Conversion of Auxiliary Structure to a Primary Structure Project Location(describe,and attach a location map): 5 Jumel PI,Saratoga Springs,NY 12866 Brief Description of Proposed Action: Conversion of the existing auxiliary structure to a primary structure so that the second floor over the garage can become a finished living space.There are no environmental resources that stand to be affected by the proposal. Name of Applicant or Sponsor: Telephone:p 518-396-6412 Matthew Richwine E-Mail: matt.richwine@gmail.com Address: 5 Jumel PI City/PO: State: Zip Code: Saratoga Springs NY 12866 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? 0.27 acres b.Total acreage to be physically disturbed? 0.0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.27 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: ❑Urban ❑ Rural(non-agriculture) 0 Industrial ❑ Commercial m 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? El ❑ 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 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 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)? ❑ n 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: Matthew Richwine Date:Sept 13,2021 Signature: Title:Applicant PRINT FORM Page 3 of 3 n/f Jill Ramos and n/f Roderick Sprattling 1 Alicia Holmes Inst. #1419/442 i • Inst. #2012024210 J o i— Z 1'IP. 58B'29'S5"E 1"IP. ,...4.o° — I>f`GATE 1 5/8°IR.o 1.1 11 lil 1 0, 1? NI a °) I Detail °.t;a- \ - U i Y ZSO J m I11,918 sq.ft or 0.274 ac. 1 TH I ..'y j OVERHANG E i ti Lo Lo 1 ,9 ti C'LP, O m 0 EAVES 1.9' •i GARAGE/ i a Map Legend d U G M CARRIAGE HOUSE Z.` O N h I N o marker found, labeled po e 0.2 EAVES -I h 0 utility pale ` ° NyI T — —-- overhead wires E,,111 ----- woad fence Ifi 0 Le) -v—xv—v——wire fence ll 91 DRIVEWAY > —vinyl fence Y a °CN II o L5 (y3'I�. EAVES(TYP.) m 0 U N 30'MPL 1 0 Deed Reference: c 3.w 1 Matthew Paul Richwine and Kristen Marie Richwine 51EPS rp I Inst. #2019027086 - CONC.PAD A/C UNIT 0 0 .: II as' W> C 2 STORY WOOD FRAME HOUSE ,I Map Reference: "Map of Property of Jumel Estates" dated 1881 by L.H. 21.5 k Cramer, C.E. and filed in the Saratoga County Clerk's SCREEN PORCH I +t Office as Map Z-202. d L MOON WELL a L <3 I SAN.CLEANOUT 0 N,%1 w (2)CAS METERS j Survey Note: N NDOW WELL N 0Q I 1 WIDOW WELL Fieldwork performed under winter conditions of ice and C °;"O I LAMP L (liM2)ELEC.METERS snow. U c% I POST\ PANOV 0 I _STONE STEPS PLANTER 57.00' I'IP. CONC.SIDEWALK N84'19'00"W Jumel Place Map of Lands of Matthew and Kristen Richwine NEW ,-,0s,OFM.rA O Situate at o_y °P� 5 Jumel Place 0 _lr :o Y City of Saratoga Springs, Saratoga County NY m Unauthorized alteration or addition to a survey \i9 fee2>J� 'DATE: map bearing a licensed Land Surveyor's Seal is W 9/ `7LANa 5 12 Lake Avenue Feb. 12, 2021 violation of Section 7209 subdivision 2 of VV �k'-r TAX MAP: the New York State Education Low. Saratoga Springs, Iii 166.53-2-17 Only opponent easements(if any)ore snows to D to ao Tel:128fi 581-5665 ll�®N V ��[t.an on this survey. Na abstract of title was L LAND SURVEYORS, P.C. available. Scale: 1" = 20' Fax:518-587-5772 .105 NUMBER: DATE REVISION S21-101.17 P:\OR\Richwine,5 Jumel Place S2I-101\521-101 Richwine.dwg