HomeMy WebLinkAbout20190419 Verdile Residence Application the LAr u Lon ll -81
Landscaperiectur Saratoga prin F 1 0180
andEngineering, PC.
YorkNew 12866 .tl la r up. o
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LETTER OF TRANSMITTAL
TO:Saratoga Springs Planning Office DATE: 12/5/2016 JOB NO.: 2016133
ATTENTION: Susan Bardon
RE: 58 5th Ave
WE ARE SENDING YOU • Attached 0 Under separate cover via overnight mail the following items
❑ Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications
❑ Copy of letter 0 Change order 0
COPIES DATE NO. DESCRIPTION
1 ZBA variance plan—House
1 ZBA Variance Application—House
1 Site Photographs package -neighborhood context
1 Part 1 Short EAF
1 Check for Area Variance Application—$150
1 Cd of PDF's for the submission
THESE ARE TRANSMITTED as checked below:
❑ For approval 0 Approved as submitted 0 Resubmit copies for approval
❑ For your records 0 Approved as noted 0 Submit copies for distribution
❑ As requested 0 Return for corrections 0 Return corrected prints
• For review and comments 0
❑ FOR BIDS DUE 20 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS:.
Cc. file
SIGNED:
Matthew Brobston
If enclosures are not as noted,kindly notify us at once.
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
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G�vhj Ho L J - 474 6 ro-a-oknta-y
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j v ` Sara ga' New-Yo-rk/12866
, .` Tel: 518—587-3550 j 518—580-9480
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INSTRUCTIONS
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICATION REQUIREMENTS
I. ELIGIBILITY: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. COMPLETE SUBMISSIONS:Applicants are encouraged to work with City staff to ensure a complete application.The
ZBA will only consider properly completed applications that contain I original and I digital version 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**
❑x 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". Fees are
cumulative and required for each request below.
❑ Interpretation $400
❑ Use variance $1,000
IXI Area variance
- Residential use/property $150
- Non-residential use/property$500
❑ Extensions $150
SUBMISSION DEADLINE: Check City's website (www.saratoga-springs.org) for application deadlines and meeting dates.
Revised 12/2015
ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE 2
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 Saratogian legal notices at least 5 days before the hearing.
Applicants must pay The Saratogian for the legal ad and present proof of payment to the ZBA prior to the public
hearing. If proof of payment is not presented prior to the hearing, the hearing will be cancelled.
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 100 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 12/2015
[FOR OFFICE USE]
` CITY OF SARATOGA SPRINGS
(Application#)
r_ C vfy • 'o-Ui - 474 f3
' 77So-Ta/S y N&nr Yo-rk/1-z 8 66
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Tth58-587-3550 518-580-9480
(Date received)
'PoRATED
APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT
519 Broadway, LLC. The Rosemary H. Benton Trust The LA Group, PC
Name
519 Broadway 58 Fifth Avenue 40 Long Alley
Address
Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 Saratoga Springs, NY 12866
587-4500 587-8100
Phone / / /
dcarr @thelagroup.com
Email
*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 0 Lessee IZ Under option to lease or purchase
PROPERTY INFORMATION
58 Fifth Ave. 166 13 2 45
1. Property Address/Location: Tax Parcel No.: - -
(for example: 165.52—4—37)
11/23/1994
2. Date acquired by current owner: 3.Zoning District when purchased:
Single Family UR-1
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes (when? 1016 For what?Area Variances
❑ 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:
Obtain area variances to subdivide one lot on Fifth avenue into two lots to allow for a single family residence to be constructed.
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes 0 No
10. Has the work, use or occupancy to which this appeal relates already begun? Yes VI No
I. Identify the type of appeal you are requesting (check all that apply):
0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) 0 USE VARIANCE (pp. 3-6) 0 AREA VARIANCE(pp. 6-7)
Revised 12/2015
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
❑ Interpretation $ 400
❑ Use variance $1,000
IZ Area variance
-Residential use/property: $ 150
-Non-residential use/property: $ 500
❑ Extensions: $ 150
INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
1. 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? EYes ❑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):
1. 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 12/2015
ZONING BOARD OF APPEALS APPLICATION FORM 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".
. That the applicant cannot realize a reasonable financial return on initial investment for any currently permitted use on the property.
"Dollars¢s" 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 assessed value: $ Equalization rate: Estimated Market Value: $
7)Appraised Value: $ Appraiser: Date:
Appraisal Assumptions:
Revised 12/2015
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4
B. Has property been listed for sale with ❑Yes If"yes",for how long?
the Multiple Listing Service(MLS)? C❑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? IYes ❑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 12/2015
ZONING BOARD OF APPEALS APPLICATION FORM PAGE S
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:
Revised 12/2015
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
Table 3 section 2
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements From To
Max. Principal Building Coverage 20% 39.5%
Min.front setback 30' 25'
Min. rear setback 30' 20'
Min. side setback 12' 8.25'
Min.total side setback 30' 20.25'
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:
. 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.
The proposal is to construct a home that fits within the context of the existing neighborhood. The builder looked at several
alternatives and the chosen design was the one that best responded to the requirements of today's home buyer while respecting
the character of the Fifth Avenue neighborhood. Also,there is no land available for purchase to the east of the building lot and to
the west of the lot because of the existing home. All land south of the existing parcel is owned by
New York State as part of the Oklahoma Track. There are no options to increase the size of the 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:
The requested variances would allow for construction of a single family home that is consistent in size with other homes in the
neighborhood.
Revised 12/2015
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
The variances requested would allow the construction of a home which is consistent in size and width with existing residential
homes on Fifth Avenue. Relief from the required lot coverage and setbacks are not substantial when compared to the existing
structures in the neighborhood.
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 granting of the variances would not have adverse physical or environmental impacts on the neighborhood as the construction
of a single family home is consistent with the neighborhood and the variances requested are similar to the conditions found on
neighboring properties.
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 variances sought are self created since the proposal consists of the construction of a new residence which is consistent
in size of homes within the neighborhood.
Revised 12/2015
ZONING BOARD OF APPEALS APPLICATION 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? IZI No 0 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 12/2015
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: TAX PARCEL NO.: - -
PROPERTY ADDRESS: ZONING DISTRICT:
This applicant has applied to use the identified property within the City of Saratoga Springs for the following:
This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s)
.As such,the following relief would be required to proceed:
❑ Extension of existing variance 0 Interpretation
❑ Use Variance to permit the following:
❑Area Variance seeking the following relief:
Dimensional Requirements From To
Other:
Note:
❑Advisory Opinion required from Saratoga County Planning Board
ZONING AND BUILDING INSPECTOR DATE
Revised 12/2015
617.20
Appendix B
Short Environmental Assessment Form
Instructions for Completing
Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part 1 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 1. 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:
Proposed area variances for 58 Fifth Avenue
Project Location(describe,and attach a location map):
58 Fifth Avenue,Saratoga Springs
Brief Description of Proposed Action:
The proposed action involves seeking the approval of area variances associated with the construction of a single family residence requiring
area variances
Name of Applicant or Sponsor: Telephone: 587-4500
519 Broadway, LLC E-Mail: troohan@roohanrealty.com
Address:
519 Broadway
City/PO: State: Zip Code:
Saratoga Springs New York 12866
1.Does the proposed 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 that n
0
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 from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval:
Z 0
3.a. Total acreage of the site of the proposed action? .17 acres
b. Total acreage to be physically disturbed? .17 acres
c. Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? .38 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
m Urban ❑Rural(non-agriculture) ❑Industrial El Commercial El Residential(suburban)
❑Forest EAgriculture El Aquatic Other(specify): Oklahoma Track
❑Parkland
Page 1 of 4 RESET
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? 0 Z
El
b. Consistent with the adopted comprehensive plan? 0 Z El
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? El
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify:
Z El
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
Z D
b.Are public transportation service(s)available at or near the site of the proposed action? Z
0
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? n n
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
Z D
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: El
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: 0 Z
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? R.1
El
b.Is the proposed action located in an archeological sensitive area?
Z El
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? Z
El
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? Z
El
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 found on the project site. Check all that apply:
El Shoreline El Forest ❑Agricultural/grasslands El Early mid-successional
El Wetland m 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? Z
0
16.Is the project site located in the 100 year flood plain? NOYES
R7 1-7-
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? E1 NO EYES 0 RII
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: ❑NO IZIYES
Stormwater will flow to existing system within Fifth Avenue.
Page 2 of 4 RESET
18. Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size:
Z El
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: ✓
0
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: ✓
El
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: J.Thomas Roohan Date: 1/14/2016
Signature:
Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following
questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or
otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my
responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations? 0 El
2. Will the proposed action result in a change in the use or intensity of use of land? 0 El
3. Will the proposed action impair the character or quality of the existing community? 0 El
4. Will the proposed action have an impact on the environmental characteristics that caused the
0 El
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
0 El
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
0 El
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing: 0
a.public/private water supplies?
b.public/private wastewater treatment utilities? 0 El
8. Will the proposed action impair the character or quality of important historic,archaeological,
0 El
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands,
0 El
waterbodies,groundwater,air quality, flora and fauna)?
Page 3 of 4 RESET
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