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HomeMy WebLinkAbout20220506 131 Middle Avenue Area Variance Application **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** [FOR OFFICEUSE1 ,"""1 � r CITY OF SARATOGA SPRINGS (Application#) a ' ZONING BOARD OF APPEALS ar: J E CITY HALL-474 BROADWAY (Date received) SARATOGA SPRINGS, NEW YORK 12866-2296 TEL: 518-587-3550 X2533 •/kc©RPORATEO www.saratoga-springs.org (Project Title) APPLICATION FOR: ❑ INTERPRETATION, USE VARIANCE, Check if PH Required AREA VARIANCE AND/ORVARIANCE EXTENSION Staff Review APPLICANT(S)* OWNER(S) �/fnotapp/icant) ATTORNEY/AGENT Michael and Kimberly Southern Mike Tuck Name Address 124 York Ave 468 Broadway Saratoga Springs NY, 12866 Saratoga Springs NY 12866 Phone 857-231-3706 / / 518.580.8818 / Email mksouth@verizon.net mtuck@balzertuck.com Primary Contact Person: EApplicant 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: m Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 131 Middle Ave 166 46 3 5.2 1. Property Address/Location: Tax Parcel No.: - - (for example: /65.52—4—37) 2. Date acquired by current owner: 2015 3.Zoning District when purchased: U R-2 Vacant Lot UR-2 4. Present use of property: 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? m Yes(when? Dec 2016 For what?Minimum Lot Size ) 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: Requesting an extension to the Area Variance obtained in December 2020 9. Is there an active written violation for this parcel? ❑Yes E6 No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes LZ 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) ❑AREA VARIANCE(pp. 6-7) Revised 01/2021 ZON/NGBOARD oFAPPEALSAPPL/CAT/ONFORM PAGE2 INTERPRETATION—PLEASE ANSWER THE 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 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 ANSWER THE FOLLOWING(add additional information as necessary): 12/14/2020 1. Date original variance was granted: 2. Type of variance granted? ❑ Use m Area 3. Date original variance expired: 6/14/2022 5. Explain why the extension is necessary.Why wasn't the original timeframe sufficient? The need for the extension is the rise in construction and material costs due to the Covid Pandemic. 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: Tke site Lich is an undlQvelopgd loth remaM d in thed same condition as when the original variance was submitted, no c anges ave een made on site or in e neig or oo . Revised 01/2021 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM FAGE.3 USE VARIANCE—PLEASE ANSWERTHE 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". 1. That the applicant cannot realize a reasonable financial return on initial investment for any currently permitted use on the property. "Dollars&cents" 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): 1) 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 01/2021 ZON/NGBOARD oFAPPEALSAPPL/CAT/oNFORM PAGE{ B. Has property been listed for sale with ❑Yes If"yes",for how long? the Multiple Listing Service(MLS)? [FjNo 1) 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 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 O1/2021 ZON/NGBOARD oFAPPEALSAPPL/CAT/oNFORM PAGES 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(whetherthe 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(orwas in a position to know)the conditions forwhich the applicant is seeking relief.The hardship has not been self-created for the following reasons: Revised O1/2021 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested 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: 1. 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. 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: Revised 01/2021 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM FAGE7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: 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: 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: Revised 01/2021 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGER 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 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. 5616al� 5/17/22 Date: (applicant signature) 5/17/22 Date: pplicant 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 01/2021 �,fOG4 CITY OF SARATOGA SPRINGS t? ZONING BOARD OF APPEALS C,� y HaJ-t - 474 r3ro-adnrvay Sarat-ogaSpri," -, Ne-w-Yo-rk.128&& Te1,: 518-587-3550 X2533 �°ORPoaA��n `��� wwvv:ya,rc�l-oga.-y�ri,v�gyorg INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS 1. 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" ❑ 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.saratoga-springs.org) for meeting dates. Revised 01/2021 ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE2 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: 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 01/2021 2021 LAND USE BOARD FEE WORKSHEET OPED Fees Type 2021 Fee Application to Zoning Board ofAppeals[1][2] TOTAL #VARIANCE Use Variance $1100+$50/app Area Variance-Residential $275/var+$50/app+$125 eachadd'I variance Area Variance-Multi-Family,Comm,Mixed-Use $660/var+$50/app+$200 each add'I variance Interpretations $550+$50/app Post-Work Application Fee Add 50%App fee+$50/app Variance extensions 50%ofApp fee+$50/app Application to Design Review Commission[1] TOTAL #STRUCTURE Demolition $385 Residential Structures Principal $55 Accessory $55 Extension $35 Modification $55 Multi-Family,Comm,Mixed-Use Structures Sketch $165 Principal $550 Extension $200 Modification $330 Multi-Family,Comm,Mixed-Use Accessory,Signs,Awnings Principal $140 Extension $75 Modification $140 Post-Work Application Fee Add 50%App fee Application to Planning Board[1] TOTAL #STRUCTURE Special Use Permit[2] $990+$50/app Special UsePermit-extension $330 Special UsePermit-modification[2] ,450+$50/app Site Plan Review-Intl.PUD: Sketch Plan $330 Residential $330+$200/unit Residential-extension $200 Residential-modification $400 Non-residential $660+$130/1000sf Non-Residential-extension $300 Non-Residential-modification 1 $650 Subdivision-incl.PUD: TOTAL #LOTS Sketch Plan $330 Preliminary Approval[2] Residential:1-5 lots $660+$50/app Residential:6-10 lots $990+$50/app Residential:11-20lots $1320+$50/app Residential:21+lots $1650+50/app Residential-extension $330 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 #LOT/ACRE Post-Work Application Fee Add 50%App fee Lot Line Adjustment $350 Letter of Credit-modification or extension $440 Letter of Credit-collection up to 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 based on per structure,except where noted. $0.00 TOTAL DUE [2] Legal ad required;Ind udes City processing and publishing For Administrative Use Total Paid at Intake Revised Fee Balance Due ��_Balance Paid Staffapproval T SA CITY CITY OF SARATOGA SPRINGS Keith Kaplan, Chair Brad Gallagher, Vice Chair $,�f ZONING BOARD OF APPEALS Terrance Gallogly c Cheryl Grey Matthew Gutch j CITY HALL-474 BROADWAY Christopher Mills SARATOGA SPRINGS,NEW YORK 12866 Gage Simpson 1 PH)518-587-3550 Fx)518-580-9480 Kathleen O'Connor,alternate �c�RpORATED 19�� VWW.SARATOGA-SPRINGS.ORG #20200713 /N THE MATTER OF THEAPPEAL OF MIKE& Kim SOUTHERN 124 YORK AVENUE SARATOGA SPRINGS NY 12866 from the determination of the Building Inspector involving the premises at 131 Middle Ave in the City of Saratoga Springs, New York being tax parcel number 166.46-3-5.2 on the Assessment Map of said City. The applicant having applied for an area variance under the Zoning Ordinance of said City to permit the construction of a new single-family residence, patio, and a two-car garage in a UR-3 District and public notice having been duly given of a hearing on said application held on the 9th day of November and the 14th day of December 2020. In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, I move that the following area variances for the following amount of relief: TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PROPOSED RELIEF REQUESTED REQUIREMENT MINIMUM SETBACK FOR PATIO 10, 4.9' 5.1' (51%) MAXIMUM COVERAGE FOR ACCESSORY 100/0 12% 2% (20%) STRUCTURES MINIMUM FRONT YARD SETBACK 8.2' (MODIFIED 5.3' 2.9' OR 35.4% AVERAGE) As per the submitted plans or lesser dimensions, be approved for the following reasons: I. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. With respect to the proposed patio, according to the applicant, the narrow width of the property necessitates the patio be aligned with the west side of the proposed principal structure, in order to allow the patio to be of adequate size and function. With respect to the proposed garage, according to the applicant, the garage has been designed to be as small as possible to accommodate two cars and, as a result, it is not feasible to build an interior staircase to reach the storage area above the garage. Therefore, the applicant intends to build an exterior staircase for the garage, which in turn will result in the garage exceeding the allowed coverage area for an accessory structure. 2. The applicant has demonstrated that granting these variances will not create an undesirable change in neighborhood character or detriment to nearby properties. With respect to the proposed patio, it will align with the west side of the proposed principal structure and, as such, it will not impose on the adjacent property any more significantly than the proposed principal structure. In addition, the applicants intend to place shrubbery or some other form of vegetation between the patio and the adjacent property, which will allow for additional privacy. With respect to the proposed garage, it will be located at the rear of the property behind the larger proposed principal structure and, as such, it will be almost "imperceptible" from the street. In addition, the exterior staircase to the garage will be located toward the interior to the lot and, therefore, will not impose on the adjacent property. The permitted front setback has been reduced to 8.2' using the average of the adjacent parcels as permitted by the Zoning Ordinance. This modified setback is consistent with neighboring properties. 3. The Board notes the requested variances of 51%, 35.4%, and 20% are substantial. However, the Board notes that the relief requested is mitigated by its nature and its overall minimum impact on the neighboring properties, as discussed above. Substantiality of the front setback is mitigated by the consistency with neighboring properties. 4. These variances will not have a significant adverse physical or environmental effect on the neighborhood or district. Permeability requirements will meet district requirements. 5. The alleged difficulty is considered self-created insofar as the applicant desires to construct the patio and the garage. However,this is not necessarily fatal to the application. Adopted by the following vote: AYES: 7(K. Kaplan, B. Gallagher, C. Grey,T. Gallogly, M. Gutch, C. Mills, G. Simpson) NAYES: 0 Dated: December 14, 2020 This variance shall expire 18 months following the filing date of such decision unless the necessary building permit has been issued and actual construction begun as per 240-8.5.1. I hereby certify the above to be a full,true and correct copy of a resolution duly adopted by the Zoning Board of Appeals of the City of Saratoga Springs on the date above mentioned, seven members of the Board being present. SIGNATURE: _ 12/16/2020 CHAIR DATE RECEIVED BY ACCOUNTS DEPT.