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HomeMy WebLinkAbout20190504 Drambour Residence Application ENGINEERING AMERICA CO . 76 WASHINGTON ST . SARATOGA SPRINGS , NY 1 2 8 6 6 5 1 8 / 5 8 7 - 1 3 4 0 5 1 8 / 5 8 0 - 9 7 8 3 ( FAX ) TRANSMITTAL SHEET TO: FROM: Zoning Board of Appeals Tonya Yasenchak COMPANY: DATE: City of Saratoga Springs MAY 21,2019 FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: 1 ZBA Application&$200 application fee PHONE NUMBER: SENDER'S REFERENCE NUMBER: RE: YOUR REFERENCE NUMBER: Drambour Addition&Site Improvements #42 Newton Ave. ❑ URGENT IZ[FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑AS REQUESTED Dear Zoning Board of Appeals, Engineering America Co. respectfully submits the attached ZBA application for review of area variances as related to proposed site improvements at the Drambour residence at#42 Newton Ave. in Saratoga Springs, NY. This application is the result of a recent violation notice. We respectfully request to be placed on the June 17th (or earlier) agenda for review so as to satisfy the violation requirements and improve the site conditions for better zoning compliance. We thank you for your time and consideration. Please contact my office with any questions or if additional information is required. Thank you for your time and cooperation. Tonya Yasenchak,PE Enc. OGS [FOR OFFICE USE1 CITY OF SARATOGA SPRINGS f L:4, 4 , „.„ f, u 74 6r (Application#) Ciitj*� �''h'r L,?�L�J+•�` ,.e SamoaSpr,r�,gy� N eAw-York/12.866 • ©ce, Te.L: S1-S-587-3550 ftw. SIS-580-8480 '4coppo 9�� (Date received) RATED APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANTS) OWNER(S) (If not applicant) ATTORNEY/AGENT Elizabeth Drambour Agent: Engineering America Co. Name 42 Newton Ave 76 Washington St. Address Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 518/222-1206 518/587-1340 Phone merlesmagic@aol.com tonyay@nycap.rr.corn 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: IZ Owner 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 42 Newton Ave. 165 57 1 69 I. Property Address/Location:_ Tax Parcel No.: - - (for example: 165.52—4—37) 10/13/2006 UR-2 2. Date acquired by current owner: 3. Zoning District when purchased: Single Family Residence UR-2 4. Present use of property: 5. Current Zoning District: 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: Consolidation of project site elements for Zoning compliance to include: Relocation of two(2)smaller sheds/accessory structures for zoning compliance, addition to create attachment of existing barn structure to existing structure for compliance with "temporary accessory dwelling"zoning, removal of portions of deck and stoops for zoning compliance. 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes No 10. Has the work, use or occupancy to which this appeal relates already begun? Yes 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(pp. 3-6) IZI 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 and required for each request below. ❑ Interpretation $ 500 ❑ Use variance $1,000 27 Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 ❑ Extensions: $ 150 INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): . 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 ONo 4. If the answer to#3 is "yes,"what alternative relief do you request?❑ Use Variance 0 Area Variance EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): I. Date original variance was granted: 2. Type of variance granted? ❑ Use 0 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 01/2019 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): Table 3:Area&Bulk The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements From To Principal Building: Min. Side Yard (North) 8.0' 3.0' (5.0'variance=63% variance) Principal Building: Min. Side Yard (South) 8.0' 5.0' (3.0'variance=37.5%variance) Principal Building: Total Side Yard Setback 20.0' 8.0' (12.0'variance=60%variance) 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. The property as it exists is non-compliant(the barn apartment being prior to the current owner)and has now been issued violations. Several things are being changed, modified and/or removed to improve the current compliance issues. a)The two (2)existing sheds will be relocated so as to meet the zoning requirements for side&rear yard setbacks as well as distance from the principal building. This removes the need for variances required for the current shed locations. b)Attaching the existing barn structure to the existing house will resolve the pre-existing/non-conforming in-law apartment, locating it with access from within the principal structure.There is no way to attach the 2 structures without the req.variances. c)Ref rloval u f portion's of tine actual huu5e or barn to r r rout 5e auk riptidiluu would r eco uir e[emu,. . ►►. . . .. . which are impractical and costly. d) Several modifications are proposed as part of this project which will remove non-compliant decks&stoops resulting--in a more compliant situation but still requiring side setback variances. e) No additional land is available for purchase to maximize the existing setbacks. f) The Owner houses her disabled sister and autistic niece. The property was purchased because of the barn apartment. Removal of the barn living area with construction of new living area above the existing house is costly&not practical. 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: Granting the variances should not produce an undesirable change in the character of the neighborhood: a)The existing Southern side setback to the wood porch is pre-existing/non-conforming at 1.2'. The project includes removal of this porch with the new setback to the house at 5.0'.This makes the South setback better. b)Areas of porches will be removed to allow for the overall principal building coverage (including decks&attached barn)to be under the 30%max.coverage. c)The sheds will be relocated to be zoning compliant; improving the neighborhood conditions d)The ort set ack to the barn is pre-existing/non-conforming at 3.0'. -This situation does not change the visual character of the existing site or neighborhood. e)The house and barn are currently"attached"with a fence. The addition of a new entry area connecting the house&barn resijlt in one principal building with better aesthetic character as viewed from the road. 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: The variance appear substantial. However, in actuality they may not be viewed as substantial due to the pre-existing 1 non-conforming site conditions and building placements: a) The new South side setback requested is 5.0'(3'difference at 37.5%variance). This is not substantial as the pre-existing condition before the porch is removed is at 1.2'(6.8'or 85%variance). The proposed project increases the setback by 3.8'. b) The new North side setback requested is 3.0' (5'difference at 63%variance). This may appear substantial, however,the condition is pre-existing I non-conforming with the barn located at 3.0'. Attaching the barn to the house does not chane this setback from what has existed for over 20 years. This may appear substantial, however,the house and barn structures already exist at 1.2' and 3'from the South& North property lines. The variance requested improves the situation to 5'along the South property line. Also, the house and barn being attached via a fence already visually present as a single structure. The proposed project does not substantially change the appearance from the street. 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 variances requested should not have any adverse physical or environmental effects on the neighborhood or district: a) Various portions of constructed areas already on the site are proposed to be removed as part of this project so that the principal building,when attached to the barn,will result in overall coverage less than the 30%maximum. b) The lot area permeability after site improvements will be 52.7%which is well over the 25% min. permeability allowed. c) No largc trees will-be removcd as part of this pFoject. d) The 8'wide addition will not substantially shade the neighbor to the North. e) The new roof line of the addition will drain East 1 West and not towards any adjacent neighbor. • 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 alleged difficulties from which the variances arise are not self created: a) The property when purchased 2006 had already been developed as a single family residence with apartment; The apartment being noted on the tax role; taxes reflect"multi-family." This situation was not self-created. b) The residence and the barn structure were already pre-existing 1 non-conforming in their location when purchased in 2006. Therefore the existing sctback issucs were not self-created. c) The Owner is now proposing to attach the barn to the residence to be compliant with zoning. Technically,the variances requested result from that self-created situation. However,the existing setbacks are non-conforming and not self-created. d) The proposed project will improve many non-compliant elements on this site. The improvements result in compliance and less variances being requested. Revised 01/2019 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 ©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: 37/c2/4 (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 01/2019 ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING Elizabeth Drambour 165 57 1 69 APPLICANT: TAX PARCEL NO.: - - 42 Newton Ave. UR-2 PROPERTY ADDRESS: ZONING DISTRICT: This applicant has applied to use the identified property within the City of Saratoga Springs for the following: Construct an addition to connect an existing barn (with in-law apartment)to the existing single family residential principal structure. 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