HomeMy WebLinkAbout20220010 143 W. Circular Area Variance Application **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** �FOROFFICEUSE�
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` ' ZONING BOARD OF APPEALS
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APPLICATION FOR: ❑
INTERPRETATION, USE VARIANCE, Check if PH Required
AREA VARIANCE AND/ORVARIANCE EXTENSION staff Review
APPLICANT(S)� OWNER(� �/fnotapp/iCant� ATTORNEY�AGENT
Habitat for Humanity Willard F, Chamberlin, JR
Name
1373 Rte 9, Moreau, NY 12828 143 West Circular Street
Address
Saratoga Springs, NY 12866
518-793-7484
Phone / / /
executived i rector@g mai I.com
Email
Primary Contact Person: �✓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: ❑ Owner ❑ Lessee m Under option to lease or purchase
PROPERTY INFORMATION
143 West Circular Street 165 74 1 37
I. Property Address/Location: Tax Parcel No.: - -
(for examp/e: /65.52-4-37)
2. Date acquired by current owner: 3.Zoning District when purchased:
Single Family UR-2
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
❑Yes(when? For what? )
� No
7. Is property located within(check all that apply)?: ❑ Historic District ❑Architectural Review District
❑ 500'of a State Park,city boundary,or county/state highway?
Area variance to allow for a two lot subdivision where the minimum average
8. Brief description of proposed action:
width of each lot will be 50 ft while the zoning requires 60 ft.The existing house will remain on Lot#1 and a new single family
dwellinq is proposed on Lot#2.The existinq dwellinq on Lot#1 will be 19.7 ft from the rear yard while 25 ft is required and the
accessory building area will be equal to 13.98%of the lot area when a maximum of 10%is required.
9. Is there an active written violation for this parcel? ❑Yes �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(checka//thatapp/y):
❑ INTERPRETATION �P. 2� ❑VARIANCE EXTENSION �P. 2� ❑ USE VARIANCE �PP. 3-6� �AREAVARIANCE�PP. 6-7�
Revised Ol/2021
ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE6
AREA VARIANCE—P�EASE ANSWER�HE FOLLOWING(add additional information as necessary):
Section 2.3 Table 3 (UR-2)
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements District Requirement Requested
Mimimum Average Width(lot#1) 60' min 50'
Minimum Average Width(lot#2) 60'min 50'
Accessory Building Coverage(lot#1) 10%max 13.98%
Rear Yard Setback(lot#1) 25 ft min 19.7 ft
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 ha�e
been explored (alternative designs,attempts to purchase land,etc.)and why they are not feasible.
Due to the size and dimensions of the existing parcel as well as the location of the existing house it is not feasible to subdivide this
property without acquiring area variances for lot width. The proposed subdivision confiquration will result in the minimum
necessary variances for each lot.
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:
No undesirable change or detriment to the neighboring properties will occur. The proposed use is zoning compliant and consistent
with the surroundinq neiqhborhood.
Revised Ol/2021
ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
The requested lot width variances will be a 16.7% (10 ft)reduction from the required lot widths while the rear yard setback to the
principal building on lot#1 will be on the order of a 21.2 %(5.3 ft)reduction from the required 25 ft minimum and the accessory
ui ing coverage on o wi e an increase o . o over e o maximum require . e ouse an accessory s ruc ure on
Lot#1 are existing and will not be modified as part of this application.
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 house on lot#1 will remain and lot#2,which is mostly an existing lawn area,will be developed as a single family dwelling
which is consistent with the existing neighborhood.The proposed structure on Lot#2 will be zoning compliant and the proposed
eve opmen wi no resu in any p ysica or environmen a impac s on e neig or oo .
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:
Since the applicant is requesting the proposed subdivision the difficulty can be classified as self-created. The location and size of
the existing dwelling and accessory structure on the proposed Lot#1 are what is driving the setback and building area variance
reques s or o .
Revised Ol/2021
ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGEB
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 �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 Ol/2021
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CITY OF SARATOGA S PRINGS
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I NSTRUCTI ONS
APPEAL TO THE ZONING BOARD FORAN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE E�CTENSION
APPLICATION REQUIREMENTS
1. E����B���n: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. CoMP�ETE SuBM�ss�oNs: Applicants are encouraged to worl<with City staff to ensure a complete application.
The ZBA will only consider properly completed applications that contain 1 or°iginal and 1 digitalversion 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 (wwwsaratoga-springs.org) for meeting dates.
Revised Ol/2021
ZON/NG BOARD APPEAL APPUCAT/ON/NSTRUCT/ONS PAGEZ
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 I 00 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 Ol/2021
2021 LAND USE BOARD FEE WORKSHEET
OPED Fees Type 2021 Fee
ApplicationtoZoningBoardofAppeals[1][2] TOTAL #VARIANCE
UseVariance $1100+$50/app
AreaVariance-Residential 575 3 $Z75/var+$50/app+$125eachadd'Ivariance
Area Variance-Multi-Family,Comm,Mixed-Use $660/var+$50/app+$200eachadd'I variance
Interpretations $550+$50/app
Post-WorkApplication Fee Add 50%App fee+$50/app
Variance extensions 50%ofApp fee+$50/app
Application to Design Review Commission[1] TOTAL #STRUCTURE
Demolition $385
Residential Structures
Principal $55
Accessory $55
Extension $35
Modification $55
Multi-Family,Comm,Mixed-UseStructures
Sketch $165
Principal $550
Exten si o n $200
Modification $330
Multi-Family,Comm,Mixed-Use Accessory,Signs,Awnings
Principal $140
Extension $75
Modification $140
Post-WorkApplication Fee Add 50%App fee
ApplicationtoPlanningBoard[1] TOTAL #STRUCTURE
Special UsePermit[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+$130/1000sf
Non-Residential-extension $300
Non-Residential-modification $650
Subdivision-incI.PUD: TOTAL #LOTS
Sketch Plan $330
PreliminaryApproval[2]
Residential:1-S lots 710 2 $660+$50/app
Residential:6-10 lots $990+$50/app
Residential:11-201ots $1320+$50/app
Residential:2l+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-WorkApplication Fee Add 50%App fee
Lot Li ne Adj ustment $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] Feesarebasedonperstructure,exceptwherenoted. $1�285.00 TOTALDUE
[2] Legal ad required;includesCityprocessingand publishing
ForAdminisirative Use
Total Paid at Intake
Revised Fee
Balance Due
��_Balance Paid Staffapproval