HomeMy WebLinkAbout20190419 Verdile Residence updated app 2-2-17 the LAr u Lon ll -81
Landscaperiectur SaratogaSpringsF 1 01 0
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Engineering, PC.
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LETTER OF TRANSMITTAL
TO:Saratoga Springs Planning Office DATE: 2/2/2017 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 revised variance plan—House
1 ZBA revised variance Application—House
1 3 Proposed Building Elevations and Floor Plan
1 Memo addressing ZBA comments
1 Map showing coverage percentages
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.
The LA GROUP
Landscape Architecture&Engineering P.C.
People.Purpose.Place.
40 Long Alley
Saratoga Springs
NY 12866
:518-587-8100
518-587-0180
www.thelagroup.com
MEMO
Date: 2/1/17
To: Susan Barden
From: Matthew Brobston
Re: 58 Fifth Avenue Additional Information Request
In response to comments and questions by the Zoning Board of Appeals on January 9th 2017 calculations have been
completed to assess the permeability of the proposed Lot 1. Lot 1 will have a permeability of 50% based on the survey of
the lot and the proposed lot line.
A question was asked about the principal building coverage for adjacent parcels.A map was created to show the
coverage percentages for these parcels. It also shows the coverage for the parcels to the north if the lots were only 100'
deep which is more consistent with the lots on the south side of Fifth Avenue.
We will discuss this information at the upcoming ZBA meeting for the subdivision variances.
G:\Prof-2016\2016133_Roohan_58_Fifth Avenue\2016133Admin\01 Correspondence\2.3Memos\ZBA responses.docx
[FOR OFFICE USE]
` CITY OF SARATOGA SPRINGS
(Application#)
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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
0 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 12i 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% 27.28%
Min.front setback 30' 21' (24' bldg
face)
Min. rear setback 30' 25'
Min. side setback 12' 8'
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 proposed variances will not create an undesirable change in the character of the neighborhood if he application is granted
because both the improvements to be constructed and the lots are in keeping with the character of the existing in-town
neighborhood and will maintain the historic pattern of the street as a whole. The variance would not affect existing street views
as front yard setbacks will be consistent with the existing homes.
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:
While the variances may be substantial from a simple mathematical perspective as compared against existing zoning
requirements,the variances are not substantial in relation to the existing lots and improvements located along Fifth Avenue where
nearly all of the lots in this neighborhood are preexisting nonconforming with regard to the UR-1 requirements for lots and single
family residences on lots.
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 proposed variance will not have an adverse physical or environmental impact on the neighborhood because the lot and
proposed improvements are consistent with the existing neighborhood and the existing infrastructure can support the addition of
one single family home within the neighborhood and city limits. Additionally, construction within the city limits in a preexisting
neighborhood will minimize urban sprawl and appropriately utilize existing municipal resources.
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
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Plotted By: MATT BROBSTON
Save Date:1/23/2017 11:46 AM
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