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Home My WebLink About20220083 17 Clark Area Variance Application **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** " � r i,r; .�� i ��f, CITY OF SARATOGA SPRINGS (Application#) � �� ' ZONING BOARD OF APPEALS .,y_ ' � ..- !. - i CITY HALL-474 BROADWAY (Date received) �� SARATOGA SPRINGS, NEW YORK 12866-2296 ��'� 4 TEL: 518-587-3550 X2533 - www.saratoga-springs.org • (Project Title) APPLICATION FOR: � INTERPRETATION, USE VARIANCE, Check if PH Required AREA VARIANCE AND/OR VARIANCE EXTENSION stat�Review APPLICANT(S)� OwNER[5] (Ifnota�plicantJ ATTORNEY/AGENT Brian Palmateer(B.P. Enterprises) Bill Tobin Name 391 Rugg Road 17 Clark Street Address Schuylerville, NY Saratoga Springs, NY Phone 518-810-9202 917972291�� r bpenterprises61 @yahoo.com btobin@op-specialties.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: 0 Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 17 Clark Street 165 84 1 17 I. Property Address/Location: _ Tax Parcel No.: - - (for example.• 165.51—4—37) 12/22/2017 UR3 2. Date acquired by current owner: 3. Zoning District when purchased: Single Family UR3 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? } 0 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? 8. Brief description of proposed action: Add a half bath in an aceessory building hausinr�the owner's artist studifl for her use. 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 e No 11. Identify the type of appeal you are requesting(check all that apply): ❑ INTERPRETATION �P. 2� ❑VARIANCE EXTENSION�P. 2� ❑ USE VARIANCE �PP. 3-6� II�AREA VARIANCE �PP. 6-7� Revised O1/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 2 INTERPRETATION—PLEASE ANSWERTHE 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 relieR �Yes ❑No 4. If the answer to#3 is"yes,"what alternative relief do you request?❑ Use Variance ❑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? ❑ Use ❑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 O1/2021 ZONING BDARD OFAPPEAL SAPPLICATION FORM PAGE.� USE VARIANCE—PLFASE 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 hardshi 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�urrentlypeR-mitted use on the property. "Dollars&cents"proof must be submitted as evidence.The properry 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 I mprovement 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 Ol/2021 ZONING BOARD OFAPPEA[SAPPLICATION FORM PAGE'f B. Has property been listed for sale with Ol(es If"yes",for how long? the Multiple Listing Service(MLS)? [�No 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 �inanr3al hardship relating to tE�is prppertv 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 O1/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE S 3. That the variance, if granted, will not alter the essential charaCter of'the neighborhavd. 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 nat 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 I<now)the conditions for which the applicant is seeking relief.The hardship has not been self-created for the following reasons: Revised Ol/2021 ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE�S AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): 240-Appendix A The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested Definitions-Accessory Building(Residential) Expansion of use to include a half bath in a UR-3 district. �ther- 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,tal<ing 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;doesn't really apply. IYs within the existing building. 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: It will have no effect on the neighborhood. IYs within the existing accessory structure. Revised Ol/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: It's not substantial. It doesn't change the use or number of users of the accessory structure. 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 variance should have no adverse effects. It uses the existing house sewer and water with an underground connection. 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 desire is self-created but it makes the space more easily usable as the owner's painting studio(water source). Revised O1/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 8 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 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 I<nowledge,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 ��G�r; � C I TY OF SARATOGA S PRINGS ��'- " _� r �'i ZONING BOARD OF APPEALS . � ,a', A �: r -� ; � � Gvl"y HaU, - 474 f3ro�a.dwa-y ��,,�� -- Scu-a�l-o-ga S pri.v�.gy, N e,v�r Yo-rk�12 s�� i �-. " Te,L: 528-587-3550 Xz533 ',.,,,7:,��c: www:scu-a�ja�—y}�ri,�..gy.m-g INSTRUCTIONS APPEAL TO THE ZONING BOARD FORAN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS 1. E�IGIBI��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�ssloNs: Applicants are encouraged to work with City staff to ensure a complete application. The ZBA will only consider properly completed applications that contain 1 originai a�d 1 digitt�l�ersion 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.sarata a�s r�n s.oi- ) for meeting dates. Revised O1/2021 ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE Z 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: �pe of variance Distance for ro e owner notification Use variance 250 feet Area variance & Interpretation I 00 feet This notice must be sent at ieast 7 days 6ut not more than 24 d_a��s 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 O1/2021 2021 LAND USE BOARD FEE WORKSHEET OPED Fees Type 20Z1 Fee ApplicationtoZoningBoardofAppeals[1][2] TOTAL NVARIANCE UseVariance $1100+$50/app Area Variance-Residential $275/var+$50/app+$125 each add'I variance Area Variance-Multi-Family,Comm,Mixed-Use $660/var+$50/app+$200eachadd'Ivariance $550+$50/app Interpretations Add 50�App fee+$50/app Post-Work Application Fee 50%ofAppfee+$50/app Variance extensions Application to Design Review Commission[1] TOTAL #STRUCTURE Demolition $3S5 Residential Structures Principal $55 Accessory $55 Extension $35 Modification $55 Multi-Family,Comm,Mixed-UseStructures Sketch $165 Principal $550 Extension $200 Modification $330 Multi-Family,Comm,Mixed-UseAccessory,Signs,Awnings Principal $140 Extension $75 Modification $140 Post-WorkApplication Fee Add 50%App fee ApplicationtoPlanningBoard[1] TOTAL ItSTRUCTURE 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 $�U� Residential-modification $4p4 Nomresidential S�bp+$130/1000sf Non-Residential-extension 53C16 Non-Residential-modification $��R Subdivision-incI.PUD: TOTAL NLOTS Sketch Plan 533fl Preliminary Approval[2] Residential:1-S lots SG69+$59�app Residential:6-101ots 5990+$Shc�PR Residential:ll-201ots $1320+$50/app Residential:21+lots $1650+50/app Residential-extension 5330 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 f1�OT/ACr�E Post-WorkApplication Fee Add SO%App fee Lot LineAdjustment $350 Letter of Credit-modification or extension $44� Letter of Credit-collection upto 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 6ased on per structure,except where noted. $0.00 TOTAL DUE [2] Legaladrequired;includesCityprocessingandpublishing ForAdminl3[rutive Use TotalPaid atlntake Revised Fee Balance Due J 1_BalancePaid StafFapprua�al