HomeMy WebLinkAbout20180186 Dawson/Motoholdings Residence Revised app 5-23-19 g 57
_ z mAy 2 3 2019
PAKATA
G ROU I LLC By
PROJECT NARRATIVE
Project: 77 South Franklin Street and Adjoining Lots on Cobb Alley
Date: May 23, 2019
Project Description:
The project consists of construction of four new single-family homes on pre-existing non-conforming
building lots. The proposed homes are two story,three bedroom homes with attached two car garage.
This project has been approved by the Zoning Board of Appeals in April of 2018. The applicant is
requesting a modification of this approval to accommodate a change in proposed setbacks.The lots
affected are the three lots on Cobb Alley.
The previously proposed and approved front and rear setbacks were 0.50' and 7.50' respectively. After
discussion and support from Public Works Commissioner Scirocco the setbacks are now proposed to be
4.00' for both front and rear. This will enable safer access for servicing the alley for snow removal and
maintenance.
All other features and site data remain the same as the original proposal.
Respectfully submitted,
The Pakatar Group, LLC
By:
Arthur C,Pakatar, President
27 Cohoes Road Watervliet,New York 12189 1 518.874.1604 I Fax 212.731.03721 \1,1\-\\.ti-ienakatargyoup.corn
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CITY OF SARATOGA SPRINGS
A (Application#)
Holli - 474 6v-07,4\AJ-0-9
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1- 587518-587-3550 faixf: 518-580- 40 t, (Date received)
GRATE.0
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
Anthony Dawson/Moto Holdings, Inc.
Name
274 Greenfield Avenue
Address
Ballston Spa, NY 12020
518-256-0483
Phone
Tdawson@planitsalvage.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: 12 Owner D Lessee U Under option to lease or purchase
PROPERTY INFORMATION
Cobb Alley(aka77 South Franklin) 165 66 2 64
I, Property Address/Location: Street Tax Parcel No.:
(for example: 165.52-4-37)
UR-3
2. Date acquired by current owner: 3.Zoning District when purchased:
Recycling/Salvage Yard UR-3
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?_ )
12 No
7. Is property located within (check all that apply)?: 121 Historic District ID Architectural Review District
El SOOof a State Park, city boundary, or county/state highway?
8. Brief description of proposed action:
Replace existing recycling/salvage yard with new single family home on existing.
9. Is there a written violation for this parcel that is not the subject of this application? D Yes No
0. Has the work, use or occupancy to which this appeal relates already begun? Yes No
11. Identify the type of appeal you are requesting (check all that apply):
El INTERPRETATION (p. 2) El VARIANCE EXTENSION (p. 2) D USE VARIANCE(pp. 3-6) AREA VARIANCE (pp. 6-7)
Revised 1 2/20 1 5
_.
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.
O Interpretation $ 400
O Use variance $1,000
121 Area variance
-Residential use/property: $ 150
•
-Non-residential use/property: $ 500
O Extensions: $ ISO
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? EYes ONo
4. If the answer to #3 is "yes," what alternative relief do you request?1=1 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? LI 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 12/2015
ZONING BOARD'OF APPEALS APPLICATION FOR'', 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 1 2/20 1
, _
ZONING BOARD OF APPEALS APPIACATION FORM PAGE 4 *.
B. Has property been listed for sale with ElYes If"yes",for how long?
the Multiple Listing Service(MLS)? [ON o
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 Ohio
If yes, describe frequency and name of publications:
3) Has the property had a"For Sale"' sign posted on it? EYes 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 relatin: to this property 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 PAGES
at
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 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):
Section 2.1, Table 3
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements From To
Minimum Lot Size 6,600 SF 2500 SF
Minimum Lot Width 60 Ft 50 Ft
Prinicipal Bldg. Coverage 30% 50%
Min Front Yard Setback 10 Ft 0 Ft
Min Rear Yard Setback 25 Ft
Other:
Refer to Site Plan for specific variance requirements
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.
When seeking designs for each single lot it was not feasible under current zoning requirements to construct any building.
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 existing use pre-dates zoning laws; at the time the business was started the demographics of the neighborhood was different.
•I.P. I it lie \ 't gig so" I a` i'.111101,11111900
Revised 12/2015
ZONING BOARD OF APPEALS APPLICATIOAI FORM PAGE 7
S
3.
Whether the variance is substantial. The requested variance is not substantial for the following reasons:
The variance is not substantial. The current zoning precludes any structure from being constructed on these lots (area wise not
use). Recent projects have similar area features and have sr-oven to fit in the neighborhood without much notice.
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:
This variance will not have any adverse affects on the neighborhood- in fact it is quite the opposite. Providing housing as a
replacement for the recycling and salvage yard is a benefit to the environment and the aesthetics of the neighborhood.
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:
This difficulty was not self-created. The current use has been continuous since prior to zoning. When the business was last
purchased transactions continued uninterrupted. The business is profitable however the continued operation is becoming more
difficult given the logistics of the business and the makeup of 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? 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:
(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 I 2/2015
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
Moto Holdings, Inc 165 6 2 66
APPLICANT: TAX PARCEL NO.
77 South Franklin Street UR-3
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:
0 Extension of existing variance 0 Interpretation
Use Variance to permit the following:
El Area Variance seeking the following relief:
Dimensional Requirements From To
Other:
Note:
ID Advisory Opinion required from Saratoga County Planning Board
ZONING AND BUILDING INSPECTOR DATE
Revised 12/2015