HomeMy WebLinkAbout20190520 Maloney Residence Application rt fFOR OFFICE USE1
, CITY OF SARATOGA SPRINGS
— 474
(Application#)
Cb1-9 Hatt, 6r6rato
f Sa-rcutoga,StarZAA-g56 N eNv- ark,12 a 66
• At'?,,,deL
<.) Yth Si- —587—3550 faixia 518—520—q4S0
Cob (Date received)
'FORMED
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
Timothy Maloney
Name
SO Ludlow Street
Address
Saratoga Spnngs, NY 12866
518 583-8936
Phone
timmaloneygverizon.net
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: 12I Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
30 Ludlow Street 166.69 2 14
I.Property Address/Location: Tax Parcel No.:
(far example: 165.52—4—37)
October 20,1980 UR3
2. Date acquired by current owner: 3.Zoning District when purchased:
Single Family residence UR3
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
1
Yes(when?
09/23/2009 For what?addition/garage 2
GI 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:
Addition of a 6 X 12'4' covered deck( ' roo over an. •; sq •. or en ry to and-from our yard-from newly constructed
family room. The room was built as an addition to the principle structure from a variance granted on 09/23/2009.
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes IA No
10. Has the work,use or occupancy to which this appeal relates already begun? 0 Yes 2 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) WI 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.
O Interpretation $ 500
O Use variance $1,000
Area variance
-Residential use/property: $ 200
-Non-residential use/property: $ 600
0 Extensions: $ 150
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 EINo
4. If the answer to#3 is"yes,"what alternative relief do you request?0 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? 0 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 FORK 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 01/20 19
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4
B. Has property been listed for sale with EIYes If"yes", for how long?
the Multiple Listing Service(MLS)? LEINo
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? EYes ONo
If yes, describe frequency and name of publications:
3) Has the property nad a"For Sale"sign posted on it? Eyes El 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 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. 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 01/2019
ZONING BOARD OF APPEALS APPLICARON FORM PAGE 6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements From To
Total principle lot coverage 30%
Minimum setback from principle io accesory structure -775" 4, 10)
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.
As the entrance to the yard is exposed to the prevailing weather from the west a covered entryway would be the simplest and
most effective means to protect us from the elements while entering and exiting our yard from the principle structure.
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 principle structure is an architectural asset to the neighborhood. The proposed porch in the yard will complement the
principle structure and will not impact the surrounding area of the neighborhood in an adverse way.
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 requested is not substantial as the relief requested is 1.88%of the parcel area including roof overhang.
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 relief requested will not have a adverse effect on the surrounding area or neighborhood as the proposed porch is well inside
of the property boundry Also the proposed porch will carry over the primary architectural details of the principle structures'porch
which will blend well with and complemc-nt the principle structure
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 request for an area variance to erect a covered entry porch is self created. It has become clear over time that this proposed
structure should have been considered and applied for with the area variance that was granted on 09/23/2009 when the structure
containing the entryway was granted WA respectfully ask for the area relief tr)be able to build it now
Revised 0112019
ZONING BOARD OF APPEALS APPLIG4TION 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? 2 No J 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: ii(7,140
(appyant 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