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HomeMy WebLinkAbout20211112 60-62 Greenfield Area Variance Application **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** jFOROFFICE USEl Tow, •54 CITY OF SARATOGA SPRINGS (Application#) ZONING BOARD OF APPEALS =� 2 CITY HALL-474 BROADWAY �-. x_��-'_„�,� (Date received) SARATOGA SPRINGS, NEW YORK 12866-2296 '�a�� 'w, TEL: 518-587-3550 X2533 i4t, �artio a` 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 Charles and Amy Pinckney Charles and Amy Pinckney Name 24 Vermont Street Address Saratoga Springs NY 12866 518-429-8707 Phone pinckney.charles@gmail.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 60 and 62 Greenfield Avenue 165 35 2 27& I. Property Address/Location: Tax Parcel No.: - - 28 (for example: /65.52-4—37) 6/30/2021 UR-3 2. Date acquired by current owner: 3.Zoning District when purchased: Single Family Dwelling UR-3 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: Item 1. Seeking area variance for an additional 15 inches of relief from the current pre-existing setback of 8'7”for a bay window on the Granite Street side of the home. Item 2. Seeking area variance for garage and future pool construction Item 3 Seeking area variance for finished office space and storage above garage 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&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): The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested Item 1: Front Yard Setback, Granite Street Bay Window-7'-2" 10ft setback 7'-2" provided (existina non-conformina setback is 8'-7") Item 2:Accessory Building Coverage-Garage in conjunction with 10% coverage 20% pool is 20% Item 3: Finished space in accessory structure(garage) not permitted 100% 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. Item 1:The proposed bay window is part of the functional design of the new stairway for the home renovation. The owners went through various iterations of floor plans and locations to place the stairs. This location is the most feasible location given that this area of the home provides substantially more functionality due to the floor depth (ceiling height) in the basement.Additionally, there is no additional land to purchase on the Granite Street side of the home. Item 2:The proposed 2-car garage will also provide necessary storage, a covered area and first floor half bath in close proximity to the pool. The additional storage will be for a snowblower, lawnmower, bikes,skis etc. The liunieuwneis have Mu small uliildien and die luukiny al Nuel designs welkin flee piupused 648 square feel,wills a final desiyii to be determined.The homeowners want to make sure the pool selection and size is appropriate for the given area and allows for the. children to safely utilize.the. pool at all tides Item 3:The homeowners would like to finish the space above the garage. This space may be used as an additional home office, as the primary residence does not contemplate two home office spaces. 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: Item 1:The proposed West Elevation (Granite St.)bay-window remains inside the existing exterior porch stair protrusion (see included image for reference). This porch. stair and basement access structure is being removed. Architecturally the new design provides mass and scaling to this elevation and aesthetically improves the presence of the home on this property. Item 2:The proposed garage will compliment the materials and design of the main home.Additionally the proposed garage will allow the homeowners to park their vehicles off of Greenfield and Granite Streets, reducing the number of vehicles on the street. The proposed pool will be fenced and landscaped accordingly. It will not be visible from the road once landscaping is completed, nor will any of the subject pool equipment. Item 3:The proposed finished space above the garage will function as an additional office and storage and never be rented out. Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: Item 1:The proposed bay window will add an additional 15 inches to a small portion of the home on the western side, but remain inside the existing porch stair that is being removed.Total additional relief requested is 15% (or 28% total relief from 10'required front yard setback). Item 2:Although in totality the garage and pool combined are requesting 100%relief,when combined with the primary structure, the total primary and accessory lot coverage is 41%(a 1%total coverage variance or 2.5%total relief). Item 3:The proposed finished space adds nothing additional to the garage, it only maximizes the functionality for additional working space and storage. It will be sheet-rocked, painted and have a finished floor. 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: None of the requested variances will have adverse physical or environmental effects on the neighborhood or district. Permeability will meet the district requirement. 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 difficultly was self created by the applicants desire to renovate the existing home and improve the overall functionality of the site. 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. Digitally signed by Charles D 11/8/2021 Charles D Pinckney Pinckney Date:2021.11.08 08:53:37-05'00' Date: (applicant signature) Amy E Pinckney Digitally signed by Amy E Pinckney 11/8/2021 Date:2021.11.08 08:53:53-05'00' 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