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HomeMy WebLinkAbout20211145 11 Bowman Area Variance Application Vision Planning Consultants LLC November 14,2021 • City of Saratoga Zoning Board of Appeals 474 Broadway Saratoga Springs,NY 12866 Re: 11 Bowman Street—Proposed in ground swimming pool Please find attached an application for an area variance for a proposed 12 ft.x 26 ft. in ground swimming poo/.A building permit application was applied for in September by Concord Pools to replace a 15 ft.above ground swimming pool and 16 ft.x 6 ft.deck with a 12 ft.x 26 ft.in ground swimming pool.Shortly after the preliminary building department review it was determined that the installation of the new pool would exceed the maximum 10%lot coverage for accessory structures. As a result of these findings,the owners Mr.&Mrs.George Roman have decided to seek a minimal area variance to increase the coverage slightly and allow for this improvement to their property. As part of this request they are proposing to remove the existing 15 ft.diameter above ground swimming pool and 16 ft.x 16 ft.attached deck.This parcel is somewhat isolated even though it is very close to the Saratoga Race track.Reason being is,the parcel to the left has a very large open space which is on the same side of our proposed location of the in ground swimming pool which obviously will be enclosed by the existing 6 ft. high stockade fence. In addition to this the property directly across the street remains vacant land which is used for parking during the track season.The parcel to the right and rear,are not in close proximity for our proposal and once again are shielded by the 6 ft. high stockade fence. This is a brief overview of our proposal and l look forward to further discussing our proposal during our meeting. If there is any,additional information necessary to request this variance please do not hesitate to contact me. Sincerely, 1 f Ted Delude Building Codes Division Certified—NYS#0007857 PO Box 442 • 518 857- 4486 Newtonville, NY 12128 Visionplanningconsultants@gmail.com **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** {FOR OFFICE uSEl `,cosc.l ` CITY OF SARATOGA SPRINGS (Application#) n ZONING BOARD OF APPEALS A r " CITY HALL-474 BROADWAY (Date received) `-. `/ 4- SARATOGA SPRINGS.,NEW YORK 12866-2296 . "y . TEL: 518-587-3550 X2533 =°/11JRA-EO .'c www.saratoga-springs.org (Project Title) APPLICATION FOR: INTERPRETATION, USE VARIANCE, Check if PH Required AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review APPLICANT(S)* OWNER(S)(If not applicant) ATTORNEY/AGENT Amy&George Roman Amy&George Roman Name Vision Planning Consultants 11 Bowman St 11 Bowman St PO Box 442 Address Saratoga Springs NY Saratoga Springs Newtonville NY 518 J698-4264 518 Phone / 698-4264 518 / 857-4486 gr8spa2win@yahoo.com gr8spa2win@yahoo.com visionplanningconsultants@gmail.com Email Primary Contact Person: ❑Applicant FlOwner [JAttorney/Agent *An 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: ®Owner 0 Lessee O Under option to lease or purchase PROPERTY INFORMATION 11 Bowman Street 179 29 3 21.21 I. Property Address/Location: Tax Parcel No.: - -_ (for example: 1655,2—4—37) 2006 UR-2 2. Date acquired by current owner: 3. Zoning District when purchased: One Family home UR-2 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? ) VI 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: We are seeking to replace an above ground swimming pool and deck with a in ground swimming pool and increase the percentage of lot coverage. 9_ Is there an active written violation for this parcel? ❑Yes 1 No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes ®No 11. Identify the type of appeal you are requesting(check all that apply): D INTERPRETATION(p. 2) CI VARIANCE EXTENSION(p. 2) 0 USE VARIANCE(pp. 3-6) 12 AREA VARIANCE(pp.6-7) Revised 01/2021 ZONING BOARD OFAPFEALSAPPLICA7ION FORM PAGR 2 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? JYes ONo 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? El Use El 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 OF APPEALSAPPVG4TIONFORM PAGE 3 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 accessed value: $ Equalization rate: Estimated Market Value:$ 7)Appraised Value:$ Appraiser: Date: Appraisal Assumptions: Revised 0112021 ZONING BOARD OFAPPEALS APPUCATION FORM PAGE 4 B. Has property been listed for sale with rlYes If"yes",for how long? the Multiple Listing Service(MLS)? f[JNo 1)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? GYes 0 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 OFAPPEALS APPLICATION 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: y t Revised 0112021 ZONING BOARD OFAPPEALS APPLFCATIONFORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): Table 3 area&bulk schedule The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested The maximum lot coverage for accessory structures is 10% 10% 10.023% We exceed the maximum by 193 square feet or.023% Other: We are currently exceeding the maximurri amount of lot coverage by 313 square feet or by.14%, Based on the existing above ground cool&deck therefore.our proposal to remove this will reduce this overage by 120 sauare feet. 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: 1. 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. We . e ••k" . • '!stall a il-1 e. iz-d i . o • •.. th-n .i is •ro.• ed -nd .. -. - he •••I eve u. Il • the needs of the owner.The area as mentioned already has a 15 ft diameter above ground swimming pool with a 16 ft x 16 ft attached deck which will be removed for the installation of the new pool. So,our proposal will reduce the area coverage then the current accessory structures occupy. 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: 1- ••• s- . 0-1- •' .! - - • -• 1• 1' i".•1 • I- .•• • . 1. .- . .1• t Il II L• tel • the proposed location of the pool will be in the same location of the existing above ground pool and deck which has no impact to any property owner. The entire area is surrounded by a 6 ft high fence and the neighboring property to the left side has no building within about 100 feet or more.Also,the neighbor to the right side is screened by the existing detached garage and neighbor to the rear is not in close proximity and is screened by the fence. Revised 01/2021 • ZONING BOARD OFAPPEALS APPL/CA770N FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: In our opinion this is not a substantial request due to us reducing the lot coverage of the current conditions and will provide no visual obstruction due to the in ground pool is at ground level and not visible by any surrounding properties.Also,we do comply with all the required setbacks. 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: As mentioned this installation of the in ground pool will not have a negative impact on any neighbor due to it being enclosed by a 5 foot high fence and there is no neighbor in close proximity to this. It will also not impact the environment as it will replace the existing above ground pool and deck which is a common improvement to a residential parcel. 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: Technically I assume any improvement to a property could be considered a self-created hardship however, in this case there is an existing detached garage along with an above ground pool and a deck which are very common accessory structures.The parcel is not very large to begin with however,the placement of the in ground pool is to the far rear and left corner of the property. If we were approved to replace the existing above ground pool and deck with the in ground swimming pool we actually would be reducing the percentage of lot coverage. • Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION FORM PAGE S 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 ❑Yes if"yes",a statement disclosing the name,residence and nature and extent of this interest must be filed with this application. APPLICANT CERTIFICATION l/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. p . .� Date: r P I7 / (applicant signature) `�-— -- - Date: 1i /7 z i (applicant signat e) If applicant is not the currently the owner of the property,the current owner must also sign. Owner Signature: Date: Owner Signature: Date: • S Revised 0 1}2021 Short Environmental Assessment Form Part I -- Project Information Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses. become pail of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I 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 I. 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: Project Location(d tribe,and attach a location map): 11 0 5 - Brief Description of Proposed Action: ]V c' 4A--a J,�. C'1 A !R-% ",2Gasi9 saW l It d ) pool_ Najmee of Applicant or Sponsor: Telephone: c� ` iCrj PLIANIU1--) Oc4t&)14kk E-Mail. Addres IC.- I! ` ) , _�_ /441 eo. 41 a City!PO: ME -tart State Zip Code: 1. Does the r , f 2f2g p oposed 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 thatI 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 ftom any other governmental Agency? NO YES If Yes, list agency(s)name and permit or approval: ti L.t el 3.a.Total acreage of the site of the proposed action? b. Total acreage to be physically disturbed? � Ll c.Total acreage(project site and any contiguous properties)owned art: es~ or controlled by the applicant or project sponsor? 2q 2_acres . 4. Check all land uses that occur on,adjoining and near the proposed action_ []Urban 0 Rural(non-agriculture) ❑Industrial []Commercial pesidential(suburban) DForest ❑Agriculture 0 Aquatic ❑Other(specify): QParkiand Page 1 of 3 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? !1 l � I 6. Is the proposed action consistent with the predominant character of the existing built or natural 1 I NO IYES landscape? rc 7. Is the site of the proposed action located in.or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes. identifye)c 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES I b.Are public transportation service(s)available at or near the site of the proposed action? iI i - i_ i e. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? I rxI 9.Does the proposed action meet or exceed the state energy code requirements? NO YES lithe 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: ?<[ El I I. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: #4. 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b. Is the proposed action located in an archeological sensitive area? 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? 1 t 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: 14. Identify the typical habitat types that occur on,or are likely to'be fottnd on the project site. Check all that apply: ❑Shoreline a Forest 0 Agriculturallgrasslands DEarly mid-successional 0 Wetland 0 Urban 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? 16. Is the project site located in the 100 year flood plain? NO YES y � f 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? Q NO 1YES b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? 3f Yes.briefly describe: "iN° FlYES Page 2 of 3 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES v,ater or other 1aquids(e.g. retention pond, waste lagoon,Hair:)? If Yes,explain purpose and size: 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: 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 AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor ne: L( i Date: / /t IZA/ Signature: ) , ,� _ jr { {Int . f Cityof Saratoga Springs ; F . r , yi 1 s 7 4 \ ..... "" -)--- li ''‘ '- 1 , ,,•;:,-, u; :Ai ', iito, , . • .N. .. • \ % .,.. v ‘, ..,- � -,,,#:44;', i �'4' i,4, yr ,t"'', 8 , •:, :,...;01, —4f-' ' ' ';4.. . ;. ,' Google • Imagery©2024 Maxar Technologies,New York GIS,Map data 020' I i &W114AI __ ii e.- EXiT1tGh ,Nf - _ 4 we• ` -- . F __,__< N.,___ 71 br _ _-�,Y - - p�L Li 2 3z - - � � - . scl 4Gfeilr , Larid _ _ o- .11 - �., - - 4 ! 0 7 _ i _ , - . _ .2 I ". 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