HomeMy WebLinkAbout20210985 138 Jefferson Area Variance Application **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** jFOROFFICE USEl
ocA, � CITY OF SARATOGA SPRINGS (Application#)
ZONING BOARD OF APPEALS
CITY HALL-474 BROADWAY
(Date received)
x
SARATOGA SPRINGS, NEW YORK 12866-2296
'�a�� 'w, TEL: 518-587-3550 X2533
i4t, �artio 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
Michael Rinella
Name
871 Warner Rd.
Address
Schenectady, NY 12309
518-588-0237
Phone
mikerinella@aol.com
Email
Primary Contact Person: E✓Applicant ZOwner 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
138 Jefferson St. 178.36-3-28
I. Property Address/Location: Tax Parcel No.: (for example: /65.52-4—37)
9.1.2019(estimate) residential
2. Date acquired by current owner: 3.Zoning District when purchased:
under renovation residential
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:
Adding a 12 foot rounded porch to the left of the existing porch.
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
See attached, 12 foot rounded porch at the end of existing porch 12 feet
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.
No
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:
A variance will allow for a 12 foot rounded porch to be added to an existing straight and rectangular porch (28'x 8'). The porch will
make a material improvement in the home's street scape optics. Many of the homes in the neighborhood have a similar style
porch.
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 variance is not substantial; the octagonal additional roof will intrude upon the 10 ft.setback
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 rounded porch will improve the homes street scape appearance
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:
138 Jefferson is an older home, over 75 years, I am simply trying to make 138 Jefferson St. more attractive for myself and the
neighborhood
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.
11-e.C/ / 24'-1& 10/2/2021
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 01/2021
0G4 sA� CITY OF SARATOGA SPRINGS
• ZONING BOARD OF APPEALS
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TeL: 518-587-3550 X2533
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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 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
138 Jefferson Porch Addition
Mike Rinella, 518-588-0237
9/13/21
28'4"
t ' i
Avi
12'— Existing Porch 18'
New octagonal Front Steps
porch addition 5, W
8 Columns
Addition of a "rounded" (heptagon)to the left of the existing porch.
617.20
Appendix B
Short Environmental Assessment Form
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
Michael Rinella(private owner)
Name of Action or Project:
Rounded porch addition to 138 Jefferson St. Saratoga Springs
Project Location(describe,and attach a location map):
138 Jefferson St. Saratoga, Springs
Brief Description of Proposed Action:
Adding a 12 foot rounded porch(octagonal)at the end of the existing porch(circa 1920)and much like the porches
on the adjacent properties. The porch will make a material improvement to 138 Jefferson St. street scape appearence.
Name of Applicant or Sponsor: Telephone: 518-588-0237
Michael Rinella E-Mail:
MikeRinella@aol.com
Address:
871 Warner Rd.
City/PO: State: Zip Code:
NY 12309
Schenectady
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 X
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 governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval:
X
3.a.Total acreage of the site of the proposed action? 150 sq.ft 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,adjoining and near the proposed action.
❑ Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial .Residential(suburban)
❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(specify):
❑Parkland
Page 1 of 4
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? X
b.Consistent with the adopted comprehensive plan?
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? X
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: X
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
X
b.Are public transportation service(s)available at or near the site of the proposed action? X
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X
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:
Residential porch additional, 150 sq.ft. X
10. Will the proposed action connect to an existing public/private water supply? NO YES
[If Yes,does the existing system have capacity to provide service? 0 NO 0 YES]
If No,describe method for providing potable water: X
11.Will the proposed action connect to existing wastewater utilities? NO YES
[If Yes,does the existing system have capacity to provide service? 0 NO 0 YES]
If No,describe method for providing wastewater treatment: X
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places?
X
b.Is the proposed action located in an archeological sensitive area?
X
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? X
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: X
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑ Shoreline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional
❑ Wetland Urban 0 Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? X
16.Is the project site located in the 100 year flood plain? NO YES
X
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes, X
a.Will storm water discharges flow to adjacent properties? XNO 0 YES
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: NO 0 YES
Page 2 of 4
18.Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size: X
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe: X
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?
X
If Yes,describe:
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: Michael� Ri/nnella Date: 10/2/2021
7�
Signature: LCL¢I/6-;24 14.
Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following
questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or
otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my
responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning X
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land? X
3. Will the proposed action impair the character or quality of the existing community? X
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area(CEA)? X
5. Will the proposed action result in an adverse change in the existing level of traffic or X
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate X
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
X
a.public/private water supplies?
b.public/private wastewater treatment utilities? X
8. Will the proposed action impair the character or quality of important historic,archaeological, X
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands,
waterbodies,groundwater,air quality,flora and fauna)? X
Page 3 of 4
No,or Moderate
small to large
impact impact
may may
occur occur
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage x
problems?
11. Will the proposed action create a hazard to environmental resources or human health? X
Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every
question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular
element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.
Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by
the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact
may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring,
duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and
cumulative impacts.
❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Name of Lead Agency Date
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer)
Page 4 of 4