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Home My WebLink About20220195 132 Fifth Area Variance Application FOR OFFICE USE II '�'�HANDWRITTEN APPLICATIONS WILL NOT BE ACC�PT�D** A OC� ��. -� �,p� CITY OF SARATOGA SF'RINGS (Application#) o`� � ZONING BOARD OF APPEAlS � _ � CITY MALL-474 BROADWAY (Date received) �' �'� � '�r� � � SARATOGA SPRINGS, NEW YORK 12866-2296 � {,�. , �... : .'r ' '��C. TE�:515-587-3550 X2533 •/�C��PQRA�Eq Rq,h � www.saratoga-springs.org (Projecf Title} APPLICATfON FQR: ❑ INTERPRETATION, USE VARIANCE, Che�k if PH Required AREA VARIANCE ANDIOR VARIANCE EXTENSION 5taff Re�iew APPLICANT(5)� OWNER(S} (Ifnotaeplicant� ATTORNEY/AGENT STEVEN&JENNIF'ER MEGLIO �� Name STEPHANIE FERi�ADINO 133 DEVON RDAD 63 PUTNAM STREET,SUITE 202 Address �SSEX FELLS, NJ a7021 SARATOGA SPRINGS, NY 12855 Phone � _ � 518-260-122Q � JENNMEGS3@YAHOO.COM STEF@FERR/aDINOFIRM.COM � Emai! Primary Contact Person: �Applicant �Owner �AtEorney/Agenf �An applicant must be the property owner, lessee,or one with an option to lease or purchase the properiy in question. Applicant's interest in the premises: 0 Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 132 FEFTH AVEN�JE 16fi 14 4 27 I. Property AddresslLocation: 7ax Parcel No.: - - {for example: 165.51—4—37) 913Q121 UR-9 2. Daxe acquired by current owner: 3.Zoning�istrict when purchased: RESIDENCE UR-1 4, Present use of properry: S. Current Zoning District: 6. Has a previous ZBA application/ap�eai been filed for this property? ❑Yes(when? For what? ) �d No 7. Is property lacated within(checic all that apply)?: ❑ Historic District ❑Architectural Review District ❑ 500'of a State Park,city boundary,or county/state highway? � AREA VARIANCES FOR CONSI'RUCTIQN QF SECOND STORY FOR EXISTIiVG 8. Brief cfescription of proposed action: RE51��NCE. 9. Is fhere an acti�e written viofation#or this parcel? ❑Yas P�No 9 Q. Has the work, use or occupancy to which this appeal relates already 6egun? ❑Yes e Na 91. Identify the type of appeal you are requesting(checkall thatapply): ❑ IEVTERPRETATIO�I��.2� ❑VARIANCE EXTENSION�p. z� ❑ Us�Va,R�,lvcE(pp. 3-6) II�AR�A VAlt�ANCE�PP. 6-7� Revised 0112621 ZONINGBOARP OFAPPEALSAPPLICATIONFORM PAGEZ INTERPRETAT[ON—P�EaSE a�ntSwERrNe Fo��ornnNG{add additional iniormation as necessary): I. Identifythe settion(s}of the Zoning Ordinance{or which you are see�Cing an interpretation: Section(s) 2. How do you request that tf�is section be interpreted? 3. If interpretation is denied,do you wish to request alternative zoning relief? �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 B.NSVVER THE FOL�awING(add additional infarmation as necessary): I. Date originaf variance was granted: 2. Type of varian�e granted? ❑ Use ❑Area 3. Date original variance expired: S. 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 varian�e was granted have not changed. SpeciGcally deinonstrate that there have been no signifiCant changes on the site, in the neighborhaod,or within the circumstances upon which the original variance was granted: Revised 0112021 ZONlNG BOARD OFAPPEALSAPPLlCATION FORM PAGE 3 U5E VARIANCE—P�E4SeANSWERTHE FOLLOrrv�rvG(add additional information as necessary}: A use variaRce is requested to permit the following: For the Zoning Board to grant a request for a use varianee,a�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�annot realize a reasonable financial return on initial investment for any currently permitted use on the property. � "Dollars&cents"proof must be su6mitted as evidence.The properry in qu�stion cannotyield 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 ta property after purthase: Date Improvement Cost 3)Annual maintenance eacpenses:$ 4}Annuaf taxes:$ 5)Annual income generated from property:$ 6)City assessed value: $ Equalization rata: Estimated Market Value:$ �Appraised Value:$ Appraiser: Date: Appraisaf Assumptions: Revised 6112021 ZpNING BOARl7 OFAPPEALSAPPLlC4TlON FORM PAGE�{ B. Has properry been listed for sale with ❑Yes If"yes",for how long? the Multiple Listing Servica(MLS)? [QNa I)Origina!listing date(s): Original listing price:$ If listing price was reduced,des�ribe when and to what extent: 2}Has the property been advertised in the newspapers or oCher publications? DYes ❑No If yes,descri6e frequancy and name of publications: 3}Has the property had a"For Sale"sign posted on it? QYas ❑No If yes, list dates when sign was posted: 4)How rnany times has the property baen 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. �ifficulti�s shared with numerous other properties in the same neighborhood or�fistricC would not satisfy this requirement.This previously identified financial hardship is unique for the following reasons: Revised 01/202i ZONING BOARD OFAPPEALSAPPLCATIpl+!FORM P.a�E 5 3. That the variance, if granted, wilf not alter the essential character of the neighborhood. Changes that will a[ter the character of a neigh6or�ood or district would be at adds with the purpose of tf�e Zoning Ordinance.The requested variance will not alter tha character of tf�e neighbarhooc!for the following reasons: 4. That the alleged hartlship has not been self-created.An applicant(whether the praperty owner or one atting on 6ehalf af 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 reasoRs: Revised Ol/2621 ZONINGBOARD OFAPPfALSAPPLlC4T10N FQRM P,ac�6 AREA VARIANCE—P��,SE ANSWER�HE FOLLOWItvG(add additional information as necessary): The applicant requests relief from the fo�fowing Zoning Ordinance arCic�e(s} SEE ATTACHED Dimensional Requirements District Requirement Requested SEE ATTACHED CHART Other: ' To grant an area varianee,the ZBA must balance the benefits to the applicant and the health,safety,and welfare of the neigh6orhood and community,taking into tonsideration the follawing: !. Whether the benefit soughC 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. S�E ATTACHE�NARRATIVE 2. Whether granting the variance will praduce an undesira6le change in the character of the neighborhood or a detriment to nearby properties. Granting the variance wil] not create a detriment to nearby properties or an undesirable change in the neighborhood character for the following reasons: SEE ATTACHED NARRATIVE Revised 0112021 ZON/NG BOARD OFAPPEALSAPPLlG4TIDN FORM , PAGE 7 3. Whether the variance is suhstantial. The requested variance is not substantial for the follawing reasons: 5EE ATTACHED NARRATIVE 4. Whether the variance will have adverse�hysical or environmental eifects on neig�horhood or district. The requested variance will not have an adverse physical ar environmental effect on the neighbor�ood or district for the fallowing reasons: SEE ATTACHED NARRATIVE 5. Whether the alleged difficulty was se[f-created(aEthough this does not necessarily preClude the granting of an area variance).Explain wheYher the alieged dif�culty was or was not self-created: SEE ATTACHED NARR,4TIVE Revised 01/2021 ZONING8p.4RDpFAPP_FALSAPPLICATlOIVFORM PAGES 'I DiSCLOSURE Does any City officer,employee,or family member thereaf have a financial interest(as defined by General Municipal Law 5ection$09)in Chis appf ication? 0 No �Yes If"yes",a statement disclosing the name,residence and nature and extent of this interest must be filed wifih this application. � APPLlCANT CERTIFICATION I/we,the properiy owner(s),or purchaser(s}�lessee{s}under eontract,of the land in q�estion, hereby request an appearance before the Zoning Board of Appeals. By the signature{s)attached hereto, I/we certify that the information provided within this appli�ation and acCompanying documentation is,to the best of mylour knowledge,true and accurate. I/we further understand that intentionally providing false or misleading i�formation is grounds for immediate denia]of this application. FurChermore, I/we hereby authorize the members of the Zoning Board of Appeals and designated City staff to enter the property associated with this applicatio�for purposes of conducting any necessary site inspe�tions relating to this appeal. • I Date: � pp ic nt signature) ?�/VIt,.� r �C"5`I� V , Date: ` � �'� {applicant signature) dvr�✓ ,y`f�a ff applicant is not the currently the owner of the property,the current owner must also sign. Owner$ignature: Date: Owner Signature: Date: Revised 0112U21