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HomeMy WebLinkAbout20211217 90 Catherine Subdivision Application �FOR OFFiCE USE} "F�IANDWRdTTEN AF�PLIC;A710f�S WIL.� NDT BF ACCEP�ED"'" �'�`�' � �, (Application#) ,�'�' ,, CITY OF SARATOGA SPRINGS � _fi1 r � ZONING B(]ARD OF APP�ALS �.'�a 'A �� �, CITY HALL-474 BROADWAY (oate rece+v�d) ���y1 SARATOGA SPRINGS, NE11V YORK 12866-2296 �t''e TEL: 518-587-3550 X2533 wwvr.sa ratoga-sp rir�gs.org "��.• ,'� (Project Title) APPLICATION FOR: ❑ INTERPRETATION, USE VARIANCE, �he��itPy Req�ired AREA VARIANCE ANDIOR VARIANCE EXTENSION staff Re��eW APPLICANT(5)�` OwNERL (Ifnotapplrcant) ATTORNEY�AGENT Denlse Donlon Name John J. Carusone Jr 154 Brompton Rd. 493 Broadway Address Garden City, NY 1153Q 5aratoga 5prings, NY �2866 Phone ��F_�a�_nF�{ p/ 518-5843240 � Denisedonlon27@gmail.com jcarusone�a caruson�law.com Ema�l Primary Cantact Person: �Applicant �Owner �Attorney/Agent *An applicant must be rhe property awner, lessee, or one with an option to lease or purchase the property in question. Applicant's in[erest in the premises: m Owner ❑ Lessee ❑ Under option to lease or �urchase P�OPEftTY 1NFORMATION 9fl Catherine 5t. 166 29 1 44 I. Praperry AddresslLocation: Tax Parcel f�o.: - - (far example: I65.52—4—�7) March 30, 2021 UR-2 2. Date acquired by current owner: 3. Zoning District when purchased: Twa-Family residence UR-2 4. Present �se of property: 5. Current Zoning District: 6. Has a previous ZBA appl'tcacion/appeal 6een filed for this property? ❑Yes (when? For what? ) � No 7. Is property located withln{check at1 that apply}?: ❑ Historic District �Architectural Review District ❑ 500' of a State Park, city boundary, or counry/state hlghway? 8. Brief descripdon of proposed action: 2-Lat subdivision requiring area variances as set forth herein. 9. Is there an active written uiolation for this parcel? ❑ Yes Q�No 10. Has the work, use or occupancy to which this appeal re�ates already begun? ❑Yes �No 11. Identify the type of appeal you are requesting�chedc all tfrat apply): ❑ INTERPRETATION (p. 2� �VARYANCE EXTENSION (p. �� ❑ USE VARIAN�E(p�. 3-6} � AREA VARIANCE (pp. 6-7� Revised�1 V�02 i ZONING BOARD OFAPPEACS APPUCAT/ON FORM PAGE 2 INTERPRETATION—P�EaSE ANSwER THE FOLLOw�NG(add additional inlarmation 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 ir�terpreted? 3. I{interpretation is denied,do you wish to request alternative zoning relief? CJYes ❑No 4. If tf�e answer to#3 is "yes," what afternative relief do you request?❑ Use Variance ❑ Area Variance EXTENSlON OF A VARIANCE—�tEASE ANSwEa TH�Fo��ow�N�(add additional information as necessary): I. Date original variance was granted: 2. Type of variance granted? ❑ Use ❑Area 3. C7ate 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 whlch the original variance was granted have not changed. Specifically demonstrate that there have been no significant changes on the site, in the neighbor'�ood, or within the circumstances upon which the original variance was granted: Revised 0112�1'I ZONING BOARD OF f�PPfALS APPLICA F701'J FORM PAGE.� I�SE VARIANCE—PLEASE ANSWERTHE FOLLOWING(add additional �nformation as necessary): A use variance is requested to permit the(ollowing: 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�aw requires an applicant to prove all four of the following "tests". 1. That the appllcant cannot realize a reasonable flnancial return on lnitial investment for any currentl rLpermit�ed use on the pr-operty. "Dollars&cents" proof must be submitted as evidence.The property in question cannot yield a reasonable return fpr the following reasons: A. 5ubmit the following financial evidence relating to this�rop�rry(attach additional evidence as needed): I) Qate of purchase: Purchase arrtount: $ 2) Indicate daees and costs of any improvements made to property after purchase: Date Improvement Cost 3}Annual maintenance expenses: $ 4)Annual[axes: $ 5)Anr�ual income generated from property:$ 6}City assessed value: $ Equalization rate: Estimated Market Value: $ 7)Ap�raised Value: $ Appraiser: Date: Appraisal Assumpiions: Revised�I!?pz 1 ZONING BOARD OF APPEALSAPPLICAT/OIV EC?liM P�yGF q B. Has property been listed for sale with ❑Yes If"yes", for how long? the Mulciple Listing Service(MLS)? [�No I} Original listing date(s): Originai listing price; $ If listing price was reduced, describe when ar�d to what extenr. 2} Has the property been advertised in the newspapers or other publications? ❑Yes ❑No If yes, describe frequency and name of publlcatior�s: 3) Has t�e property had a"For Sale"sign posted on it? ❑Yes ❑No !f yes, list dates when sign was posted: 4) How many times has the property 6een shown and with what results? 2. ThaC [f�� financial hardship relating to this property..is_unique and does not apply to a substantial portion o{ the neighborhood. Difficulties shared with numerous other praperties in the same neighborhood or districe would not satisfy th�s requirement. 7his previously identified financial hardship is unique for the following reasons: Revised 01120?I ZOlVlNG$OAftD OFAPPEACSAPPClCAT10N�ORM PAGE S 3. That the variance, if granted, will not aher the essential character of the neigh6orhood. Changes that will alter the character of a neigh6prhood or district would be at odds with the purpose of the Zoning Ordinance. The requested variance will not alter the character of rhe neighborhood for the following reasons: 4. That the alleged hardship has not been self-created.An appiicant(whether the property owner orone acting on behalf af the property owner)cannoc claim"unnecessary hardship" if that hards�ip was created by the ap�licant, or if the applicant acquired the property knowing(or was in a position to know)the conditions for which the appllcanr is seeking relief.The hardship has noz been self-created for the following reasons: Revised[}II:OZ1 ZONlNG BOARp pFAPP�A1.5 APPLIG4TlON FORM PAGF Fi AREAVARIANCE—PLEA5EAN5WERTNE FOLLOWIh3G(add adciitional information as necessary): The applicant requests relief from the followir�g Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested LOT 1 : MINIMLIM LOT SIZE 6,600 SQ.F�. 5,441 SQ.FT. fvIIN.AUERAGE LOT WIDTH 60 �T 51.75 SQ.FT. LOT COVERAGE (PRINCIPAL BUILDING) 3a% 32.5% FRON YARD SETBACK 10 FT. 1,5 FT. LOT 2 : €vfINIMUM LOT SIZ� 8,800 SQ.FT. 5,234 SQ.FT. MIN. AVERAGE LOT WIDTH 60 FT. 50 FT. Ocher: To grant an area variance,the�E3A must balance the benefits to tha applicant and the heale�,safecy,and welfare of the neighborhood and communiry, taking into consideration the foNowing: I. Whether[he benefit sought by the applicant can be achieved by other feasibEe means. Identify what alternatives to the variance have been explored (alternative desigr�s, attempts to purchase land, etc.)and why they are not feasible. There are no other feasible means by which the benefit sought by the applicant be achieved. The subject prop�rty is located on a r.nrnar Nn ari�iitinnal land eith�r to the rear nr n the n�rth side of the subject r�remises r,an hP acquired. Thp 4nt nwnPd hy the neighbor to the noRh is SOft. by 100ft. and any additional land wh'ich mighk be acquired from him would render his lot less conforming and would cause him#o lose his driveway.The r�eighbor to the rear, Todd and Linda Bishop receni4y subdivfded their property whic fronts on Maple Avenue and the ZBA granted an area uariance. T ey are unwill�ng to convey any o t eir an ta the applicant. 2. Whether granting the variance will produce an uradesirable change in the character of the neighborhood or a detriment[o nearby properties. Granting the varianee will not create a detriment to nearby propeJ-ties or an undes�trable change in the neighborhood character for the following reasons: There are numerous other parcefs in the immediade viclnity of the subject premises that do not meet the dimensional requirements Board should also take notice of the sampling of 47 properties submltted in cannection with the applicatio� of Todd Bishop for area variances.The Bisho ro ert butts the a licanis ro ert in the rear. Further, the a licant has constructed or remodeled 7 homes in ihe neighborhood as shown in the attached photos, all of which have greatly improved the neighborhood. Revised Q I IZ4Z 1 ZONING BOARD OFAPPFALSAPPL1CArlON FC?RM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the foitowing reasons: The relief requested as shown in Attachment"A" is not substantlal, particularly when compared to the numerous other nnncanForming lots in the neighborhood 4. Whether the variance will have adverse physical or environmental effects on neighborhood or district. The reGuested variance will not have an adverse p{�ysical or environmental effect on the neighborhood or distria for the following reasons: As previously indicated the creaiion of 2 substandard Lots will have no adverse physical or environmental effect on the neighborhood given the numerous other parcels many of whlch are less compliant than the res�lting 2 lots requested in thls application.The home which wiR be construcked on Lot 2 wiil require no sek bac9c varlances. 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 s�lf created in that the appllcant was aware of the zoning requlrements when �he purchased the property but belleved that she coutld help to improve the neighborhood by subdividing and constructing a new home on khe vacant parcel. Revised��I12n2! ZDIVlNG BOARD OFAPPEALS APPLICATIOIY FORM PAGE B QISCLOSURE Daes any City officer,employee,or family member thereaf have a financial interest(as defined by General Municipal Law SecUon 809)in this application? 0 No ❑Yes Ff"yes",a statement disdosing the name,residence and nature and extent of this interest must be filed with this ap,plication. APPLICANT CERTIFIGATION I/we,the property owner(s), or purchaser(s)/lessee{s}under contract, of the land ir�question, hereby request an appearance beiore the Zoning Board of Appeals. By the signature(s)attathed hereto, Ifwe cei-tify that the information provided within this application and actompanying documentation is, to the besk of my/our knowfedge, true and accurate. [/we further understand rhat intentiona9ly providing false or misleadrng information is grounds for immediate denial af this appfication. Furt�ermore, Ilwe hereby autharize the►riembers of the Zoning Board of Appeals and designated City staff to enter t�e property associated with this application for purpases of conducting any necessary site inspections relating to this appeal. ������ Date: 12/8/2021 (applicant signature) Date: (applitant signature) If applicant is not the currently the owner of the property,the current owner must also sign. OwnQr Sigr�ature: Dat€�: Owner Signature: Date: Revised 0112021 „���, i CITY OF S�TOGA SPRTNGS ��'• �i, ”- .E-i i r"�, ZONING BOARD OF APPEA�S - J �a A G�ty Ha�(,(, - 474 r3�-aa�vv-a-y �r� %�..t. ' So-Ya�-a'ga�S�s-w+-gv, Ne,v,r York�12 s�b , Ti.� • � TeL: 57-s-587-�550 X2533 �: wtivwsarc�¢�ga�-s�-i.v�.gs.org INSTRUCTIONS �PPEAL TO THE ZONING BOARD FOR AN INTERPRETATIQN, USE VAWANCE,AREA VARlANCE ANDf ORVARlANCE EXT�N510N APPLICATION REQUI�EMENTS 1. E�IG16��ITY:To apply for relief from the Ciry's Zaning C)rdinance, an applicant must be the property owner(s) or lessee, or have an optiort ta lease or purchase the property in question. The Zoning Board of Appeals (ZBA) shall not accept any application for appeal that in�ludes a parcel which has a written violation from the Zoning and Building Inspector that is nat the subject af the application. 2. CoMP�ETE SUBM�55�oN5: Applicants are encouraged to worl<with City staff to ensure a eomplete application. The ZBA will only consider properly tomplet�d applications that contain 1 ori�inal_ar�d ! digit�l version of the following: ❑ Completed application pages I and $, the pages reiating to the request�d relief(p. 2 far interpretation or extension, pp. 3-5 for use variance, pp. 6-7 for area variance), and any additional supporting materials/ documentation. ��HANDWRITT�N APPLICATIONS WILL NOT BE ACCEPTED** � Completed SEQR Environmental Assessment Forrn �-short or long form as required by action. http:l/www.dec.ny.gov/docs/permits_ej_operations_pdf/seafpartone.pdf ❑ Detailed "to scale" drawings of the proposed project—f�lded and no larger than 24"x 3b". Identify all existing and proposed structures, lot boundaries and dimensions, and the relationship of structure5 ta the lot dimensions. Also, include any natural or manmade features that might affect your property (e.g., drains, ponds, easements, etc.). ❑ �hotographs showing the site and subject of your appeal, and its relatianship [o adjacent properties. 3. APPLICATION FEE (NON-REFUiVDABLE): Mal<e checks payable to the ��Commissioner of Finance". RLI�ER "I'C7 '1'H� (:URRI;N'1' TEE WORKSH�.L'1� INC;LUD1�17 IN "i'I-IIS DOCLJ�'VI�:N']'. Check City's website (wwwsaratoQa-springs.org} for meeting dates. Revised OI12021 ZONlNG BC?ARCTAPPEAi APPL/CATlON INSrRUCTlONS PAGF 1 PUBLIC HEARING ADVERTISEMENT The Zoning Board of Appeals is required to hold a public hearing on each submitted application witl�in ninety(90) days frorn 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 ha�e the public hearing announcement printed in the legal noEice sectian of a local publication at least 5 days before the hearing. PROPERTY OWNER NOTIFICATION Applicancs are required to mai! 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 & In[erpretation 100 feet This notiee must be sent at least 7 days but not mare t�an 20 days before the date af the public hearing. City staff will email a copy af t�e"property owner notification letter"to th�applicant.The applicant must then send the notification letter ta the nearby property awners.Applitants rr�ay not include any ather rr�aterials in t'his mailing. The mailing must be certified by the U.S, PosC Offce. Prior ta the public hearing, applicants must present the Post Office "certificates of mailing" to the ZBA. [�"certificates of mailing" are not presented prior to the hearing, the hearing will be cancelled. Revised O112a21 2421 LAN�USE BOARD FEE WO#iKSHEET pGEd Fees Type 2D21Fee Apphca[ion lo Zoning 6pard ofP.ppeals(l��2] TOTAL pVARlAN[E UseVariance 51100+$50/app �lrea Varian�e-Residential 5275(var+$SO/app+$125eachadd'Ivariance Area Variance-Multi-farnily,Comm,Miwed-Use $660/var+$50/app+$200eachadd'Ivariance InFerpre[atlong 5550+$50/app Post-WorkApplication Fee Add 50%App�ee+$50/a�p Varlanceextens�ons 50%ofApp(ee+$50/app ApplicationtoDesignReviewCommission[l� TOTAL p57RUCTURE pem4litian $385 Residenlial Stractures Principal $55 Ac[eSsory $55 Extension �3`� Modification 555 Multi�Family,Comm,MVxed-f1s�Steuqure5 Sketch 5165 PYintlpol �550 Extension SZ�� Mod�licaLon $330 Multi-Family,Comm,MVaed-UseAccessory,Shgns,Awnings Priniipal ��40 Extee�von ��5 Modi(icalion 5140 Post-Work Applicauon Fee Add 5�%App fee Ap�plicaLonto�Plannin�Board[1� TOTAL iISTRUCTLIRE Speual Use Perm�t�2� $g96+S5fl/app Speaal Use Permit-extension $330 Special Llse Permit-modificalion�2] $45Q+550/app Slte Plan Review-ind.P�U�-, Skelch Plan $33a Residenlfal $330+S2fl0/�nit Residential-extension 52�0 Residential-modiGcation 5466 Non-resldent-ial $66Q+$13D/1DOOsl Non-ftesidential-extension 53p0 Non�ResidentVal-modi(iratian $E56 Subdivisian-incl.PU�: 7OTAL #LQYS Skei�h Plan $330 Preliminary Appraval�2] Resideni��al:1�5 lots $660+$SD/app Residemial:6-10lots 5490+550/app Residenlial:ll-201ot5 $1320+$Sa/app Residenual�21+lots $165�+50/app ReSiden[iai-pxtension 53ja Final Approval�2� Resdentia! $132t1+$i75/lot+$SOfapp Non-Reslden[ial $2000/lot+$50/app Rnal Approval Mod�Ficanon[2� ResVdenual 5330 t$50/app Non-Residentlal 5550+550/app finalApprovalEKtension Reside�ual $135 Non-Residentlal $33Q Othec T07AL pLOT/ACRE Post-Work Applica�ion Fee Add 503^e App fee Lot LineAd�uslment 5350 le[[er af Gedit-modification or extenskon 544� Letter of Credit-colle�tion upto 1%ofLoC Re�reation Fee $2000/lotoruni[ Land�fsturbance $550+555 facre SEQRA EIS Remew(praft&Final) 7B� Legal Nociting IF FB requires Pu611c Hearing S50/app �1] Feesarebasedonperstrueture,eHteptwherenated. $0.0� TOTALpUE �2) Legaladreqwred;�mdudesGtvi�ra�essingandpuhEishing FarAdminis[rative Use Total Paid at Intake rtev�sed Fee Balance 6ue ��_Balance Paid S[af(appro�a!