HomeMy WebLinkAbout20190171 Agius Subdivision Revisions 5-9-19 SNYDER, KILEY, TOOHEY, CORBETT& COX, LLP
HARRY D.SNYDER ATTORNEYS AT LAW LOREN N.BROWN*
MICHAEL J.TOOHEY PLEASE REPLY TO: 1994-2016
KATHLEEN A.CORBETT P.O. B O X 4367 *RETIRED JUSTICE
JAMES G.SNYDER SARA TOGA SPRINGS, N.Y. 12866 NEW YORK STATE
JAMES S.COX STREET ADDRESS:160 WEST AVENUE SUPREME COURT
TELEPHONE(518)584-1500 Sharie 1'.Walerstein
FACSIMILE(518)584-1503 Paralegal
May 8, 2019
VIA HAND DELIVERY
AND VIA EMAIL AT Susan.barden�cr�saratoga-springs.org
Ms. Susan Barden
Planning Department
City of Saratoga Springs
474 Broadway, City Hall
Saratoga Springs,New York 12866
Re: James C. Agius and.Patricia A.Agius
Amended Zoning Application
Tomahawk Subdivision (south of Arrowhead) Saratoga Springs,NY 12866
Dear Susan:
Enclosed please find three(3) copies and an electronic copy of the Amended Application for James and
Patricia Agius pertaining to their property located south of Arrowhead Road. These modifications to our
already filed Zoning Application came about as a result of the meeting thatyou, Pat Cogan, Jim Agius
and I had.
I would appreciate it if you would distribute these documents to the members of the Zoning Board and
place us on what I perceive will be the Agenda for a ZBA meeting on June 3, 2019.
Thank you for your assistance in this matter.
Very truly yours,
\\‘'\\
Michae •shey
MJT:tlp
Enclosures
cc: James C. & Patricia A. Agius (via email)
Jennifer Merriman (jenn ifer.merI-imansaratoga_spi-ings.oi-g)
Gtrc
,
AMENDED
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[FOR OFFICE USE1
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(Date received)
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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 C.AGIUS
Name PATRICIA A.AG I US MICHAEL J.TOOHEY,ESQ.
Address 712 ROUTE 9P SNYDER,KILEY,TOOHEY, CORBETT
&COX, LLP
SARATOGA SPRINGS, NY 12866 P.C.BOX 4367
SARATOGA SPRINGS,NY 12866
Phone (5 8)257-0301 / (518) 584-1500 584--1503
Email patlynchassociates o@nycap.mcom
mtoohey a@sktcclaw.com
An applicant must be the property owner, lessee, or one with an option to lease
p or purchase the property in question.
Applicant's interest in the premises: 1 Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
SOUTH OF ARROWHEAD ROAD 192 12 536
I. Property Address/Location: Tax Parcel No.: �92 �2 1
.. _ 3fi
(for example:165.52—4--37)
2. Date acquired by current owner: 7/29/04,7/27/01 3.ZoningDistrictSR-2
when purchased:
4. Present use of property: (3)SINGLE-FAMILY 5.Current Zoning District: 5R-2
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes(when? For
what? )
21 No
7. Is property located within(check all that apply)?: ❑ Historic District 0 Architectural Review District
0 500'of a State Park,city boundary,or county/state highway?
8. Brief description of proposed action:
PLEASE SEE ATTACHED NARRATIVE AND SUBDIVISION SURVEY
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes es L2f No
10. Has the work, use or occupancy to which this appeal relates alreadybegun?un?
g 0 Yes El No
I 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 .3-6)) `d AREA VARIANCE(pp.6-7)
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM
PAGE 2
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative ve and required for each request below.
0 Interpretation $ 500
0 Use variance $1,000
21 Area variance
-Residential use/property: $ 200
-Non-residential use/property: $ 600
o Extensions: $ 150
INTERPRETATION--PLEASE ANSWER THE FOLLOWING add
{ additional information as necessary):
1. Identify the section(s)of the Zoning Ordinance for whichou are seeking g 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
q zoning relief? ciYes EJN0
4. If the answer to#3 is "yes,"what alternative relief do you re uest?D Use Variance lance 0 Area Variance
EXTENSION OF A VARIANCE--PLEASE ANSWER THE FOLLOWINGadd additional l rnformatron as necessary):
I. Date original variance was granted: 2. Type of variance granted?
YP trance 0 Use 0 Area
3. Date original variance expired:
S. Explain why the extension is necessary.Why wasn't the original timeframe sufficient?
g
When requesting an extension of time for an existingvariance,the applicant must prove that the circumstances upon which the ori inaf
variance was granted have not changed. Specifically demonstrate that there have beeng
neighborhood,or within the circumstances upon which the original rtinaf va 'an ce was granted: significant changes on the site, in the
Revised 01/2019
ZONING BOARD OFAPPEALcAPPLICATION 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".
I. 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 01/2019
ZONING BOARD OF APPEALS A PPL ICA TION FORM
PAGE 4
B. Has property been listed for sale with
Yes If"yes",for how long?
the Multiple Listing Service (MLS)? If 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? DYes QNQ
If yes,describe frequency and name of publications:
3) Has the property had a"For Sale"sign posted on it? 0Yes
0 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 propertyis unique q and does not apply to a substantial portion of the neighborhood.
Difficulties shared with numerous other properties in the same neighborhood g hued ar district would not satisfy this requirement.This
previously identified financial hardship is unique for the following reasons:
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM
PAGE 5
3. That the variance, if granted, will not alter the essential character of the neighborhood.�hboi hood. +changes that will alter the character of a
neighborhood or district would be at odds with the purpose of the ZoningOrdinance.
character of the neighborhood for the following reasons: The requested variance will not alter the
4. That thealleged hardship has not been self-created.An applicantroe the er eth
h
w
� property owner or one acting on behalf of the property
owner)cannot claim"unnecessary hardship"if that hardship was created bytheapplicant,
knowing(or was in a position to know)the conditions for which the applicant a PP �or if the applicant acquired the property
is seeking relief.The hardship has not been self-created
for the following reasons:
Revised 01/2019
ZONING BOARD OF APPEA IS A PPLICATION FORM
PAGE 6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
TABLE 3 AREA AND BULK
The applicant requests relief from the following Zoning Ordinance article(s) SCHEDULE
Dimensional Requirements
From To
SEE EXHIBIT A FOR ALL RESPONSES TO AREA VARIANCE
REQUESTS AND REQUIREMENTS
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:
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.
SEE EXHIBIT A
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:
SEE EXHIBIT A
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM
PAGE 7
3. Whether the variance is substantial. The requested variance is
not substantial for the following reasons:
SEE EXHIBIT A
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 hborhood or district .
� for the following reasons.
SEE EXHIBIT A
5. Whether the alleged difficulty was self-created(although this does not necessarily ecessarily preclude the granting of an area variance).Explain
whether the alleged difficulty was or was not self-created:
SEE EXHIBIT A
Revised 01/2019
ONINc.BOAR°OFAPPE L5APFL!Q flO l FORM
PAGE 6
DISCLOSURE
Does any City officer,employee,or family member thereof have a financial interest(as defined byGeneral Municipal
this application? ,. � "yes",,�r nr opal La��.►�ecridn 809)in
pp No Yes If es ,astatement disclosing the name,residence and nature and extent of this interest must be filed
with this application.
APPLICANT CERTIFICATION
l/we,the property owner(s),or purchasers)/lessee(s)under contract,of the land inuestionhereby
the Zoning Board of Appeals. q , request an appearance before
By the signatures)attached hereto,lfwe certify that the information provided within this application and accompanying
documentation is,to the best of my/our knowledge,true and accurate.l/we further understand that intentionally
misleading information is grounds for immediate denial of this application. providing false or
Furthermore,lAve hereby authorize the members of the Zoning Board of Appeals and designated Ci staff to enter the
associated with this application far purposes of conductinghi property
any necessary site inspections relating to this appeal.
AP .
-�-- Date:
(applica tIrgnac
A r /► s1' f f L •
Date: 9/7
(applicant sig ature) f
If applicant is not the currently the owner of the property,the current owner must also sign.
Owner Signature:
Dare:
Owner Signature:
Date:
Revised 01/2019
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: TALC PARCEL No.:
PROPERTY ADDRESS: ZONING DISTRICT:
This applicant has applied to use the identified property within the City of Saratoga Springs following:rin s for the
P g
This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance art`
cle(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 01/2019
NARRATIVE
(Revised May 8,2019)
Applicants: James C. Agius & Patricia A. Agius (f/k/a Patricia A. L nchLynch)
Purpose for Application: Area Variances leading to subdivision of Property
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Tax Parcels: 192.12-1-36 and 192.12-1-53
Narrative:
An Application pertaining to this Real Property was submitted to the Zoning Board on
February 25, 2019. Prior to that Application being submitted, the Applicant submitted a
pp
Freedom of Information request to the City Attorney seeking anydata that the had under its
City
control pertaining to the use and development of the two (2) taxparcels which are the subject of
. J
this Application. After a reasonable search by the City it was reported that nothing was found.
�'
The day of the April 8, 2019 Zoning Board meeting, when this matter was to be heard, a
call was received from the City that a file, pertaining to thesep arcels, had been found and as a
result, the presentation to the Board was adjourned. Thereafter, a meetingwith Susan Barden
and Patrick Cogan took place to go over the newly found data and as a result, the following is
submitted as the Revised Project Narrative.
The history of the ownership of the two (2) tax parcels is relevant:
Tax Parcel 192.12-1-53, which is historic Lots 9 and 10 were
urchased byPatricia A.
p
Lynch on July 27, 2001. There is a single-family structure on this Tax Parcel. Thisp arcel was
conveyed by Ms. Lynch to herself and her husband, James Agius, on July 20, 2018.
Tax Parcel 192.12-1-36 which is historic Lot 11 and is now as designated mailingaddress
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7 and 9 Arrowhead Road, was conveyed to James C. Agius and Patricia A. Lynch as Joint
Tenants with right of survivorship on July 29, 2004 by a John P. McKeon and Susan Meyer. At
that point there were two previously occupied residential structures on thero ert . From the
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City file, we determined that Mr. McKeon in 1989/90 had sought approval from the zoning
. � g pp b
Board to subdivide the property into two single family residential arcels. Thisrequest, at that
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point, required a Use Variance and an Area Variance and both requests for Variances were
denied, in part because there was not adequate square footage to support two single family
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homes. The City of Saratoga Springs has recognized and acquiesced in the fact that there were
and are two residences on this parcel as the City of Saratoga Springs Assessors records classify
this tax parcel as Real Property Classification Code "280"which represents "Multiple
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Residences on Single Lot",
At some point, significantly before the ownership of 7 and 9 Arrowhead Road bythe
Applicants, a permitted garage on this parcel had been converted into aara ge with a residence
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located above, The two structures were being resided in since at least 2001when Patricia Agius
purchased 11 Tomahawk which is adjacent to this property. Based on anecdotal conversations
with neighbors in this area we have been able to determine that the occupany of these two
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structures has existed since, at least 1999.
This Applicant seeks to create three (3) legal single-family lots with single family
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residences located on each parcel. One of the primary differences between this Application and
the failed McKeon 1989/90 application, that was denied, is that the three single family lots that
we ultimately wish to create all are on 20,0000 square feet of land which is the requirement for a
single-family home in this SR-2 Zoning District.
HISTORY
The parcels in question are located on the north shore of Saratoga Lake in the general vicinity
Y
of where the Kayaderosseras Creek enters the west side of Saratoga Lake. The relativeIY odd
configuration of the lots first appeared on a Map in the Saratoga County Clerk's office by the Hudson
Valley Railway Company as "Map showing Land and Subdivision of Portion of the Land, Saratoga
Lake,New York" dated January 22, 1923 and filed in the office of the Clerk of Saratoga Countyon
Saratoga
February 16, 1926 in Map Case CC-83.
I am attaching a copy of the 1923 Map and what is a cleaner copy of the relevantp ortions of
the 1923 Map, both of which came from the County Clerk's file, a copyof the City Zoning Map
showing these Iots and finally a copy of the present Tax Map. All of these maps show the same
configuration of Lots 9, 10 and 11 which are the old lot designation numbers for theas arcels they
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appeared on the 1923 Map and is the land that this Application deals with.
Presently there exists three (3) single family residence on the two (2) taxp arcels. One on Tax
Parcel 192.12-1-53 and two (2) on Tax Parcel 192.12-1-36. The 1923 Railroad Map shows the
existence of three (3) residential structures on parcels that are depicted as Lots 9,10 and 11. As a
result the ultimate outcome for this Project, if the subdivision is granted bythe Planning Boaid, is to
have 3 residence on lots that are conforming to the size requirement of the Zoning Code and are
consistent with the historic utilization of the property. With this legal utilization of the land all that is
required from the Zoning Board are the Area Variances that are outlined in this A I
pp
The next unique aspect of this is that virtually none of the single family lots in this
neighborhood are on a public road. The driveway system that is within the neighborhood exists on
the 1923 Map and Zoning Map, but they do not exist on the Tax Map. these driveways, which
� By Y �
are privately owned and maintained, neighbors have entered and exited these Iota since 1923 and
they continue to use this method of ingress and egress to this date. As a result, forur ose of this
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Application, the side of the lots that is closest to Arrowhead Road (the nearestp ubl is road) I have
designated as the front and the side that faces Saratoga Lake is designated as the rear and the
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property lines that are generally on the north and the south, because of the configuration and
placement of the lots, I have designated as the sides.
EX •IBIT A
AREA VARIANCE DIMENSIONAL REQUIREMENTS
PROPOSED SUBDIVIDED LOT 1
Dimensional Requirements From
To
Side Yard 12 feet
6.75 feet±
Rear Yard 30 feet
12.2 feet±
PROPOSED SUBDIVIDED LOT 2
Dimensional Requirements From
To
Minimum Average Width 100 feet
98 feet±
Front Yard 30 feet
20.2 feet±
Rear Yard 30 feet
15.8 feet±
PROPOSED SUBDIVIDED LOT 3
Dimensional Requirements From
To
Minimum Average Width 100 feet
67 feet±
Side Yard * 12 feet
0 feet±
Total Side Yard 30 feet
13.5 feet±
Patio * IO feet
O feet±
*There are three(3) sheds on the two(2) parcels which are considered "Residential Accessory Structures"
and are permitted on the Lots. A I l sheds shall be moved so that they will comply with the"setback"
requirements.
*On Lot 3 there is an encroachment of the concrete pad and the retaining wall onto the neighbors
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property. Those encroachments shall be removed.
*The concrete pad on Lot 3 is a patio and has a 10-foot setback requirement,i rement the house
� itself is 12 feet off
of the property line.
1. Whether the benefit sought by the Applicants can be achieved d by other feasible
means. Identify what alternative to the variance have been ex loredp (alternative
designs, attempts to purchase land etc) and why they are not feasible.
A. In configuring the three (3) Lots that the Applicant is ultimately y seeking,
we have configured the Lots so that they are all in compliance with the
p
Minimum Lot size of 20,000 square feet as each lot will have access to
municipal sewer lines. The requirement for the setback variance are
caused by the pre-existing location of the residence and the subdivision
which will eliminate the zoning violation of having two (2) principal
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buildings on Tax Parcel No. 192.12-1-36.
With regard to alternate solutions, the residentialarcel s that are adjacent
e
p � nt
to the parcels within this Application are already occupied residential
ped b y y
structures and they do not meet the Minimum Average Width standard in
the SR-2 Zone and as a result, the acquisition of additional land might
relieve some of the extent of the setback variances we are seeking but it
would cause the neighboring properties to be more non-compliant.
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
li
not create a detriment to nearby properties or an undesirable change to the
neighborhood character for the following reasons:
A. The tight residential nature of this neighborhood already existed when the
Railroad created the 1923 subdivision map. More than two (2) dozen
structures are depicted in that filed map. With this application, no new
residential structures shall be created and their position on the subdivided
lots will be verified and permitted under the modern zoning code.
3. Whether the variance is substantial. The requested variance is not of substantial for
the following reasons:
A. When you have structures and improvements that werelaced on oddly
ly
configured historic lots, prior to the requirements of modern zoning, you
have
a significant requirement for area variances, some of which are
mathematically substantial. This is the case here but of the nine
(9)
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