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Home My WebLink About20220784 303 Nelson Carriage House Office-second level Application **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** �FOR OFFICE USE1 ��'t-)f�:� �f :�_ , � �� C ITY O F SARATOGA S PRI N G S (Application#) � � ., ! ��: .� � �; ��tr� ��= ZONING BOARD OF APPEALS �� .� %;. :��_ '�` :;- � �-- ,� CITY HALL-474 BROADWAY (Date received) �" � � � SARATOGA SPRINGS, NEW YORK 12866-2296 � - ,��„` ��.i� . �� ::��_��'�� TE L: 518-587-3550 X2533 ��:�,rt,� ��'i www.saratoga-springs.org ��.� (Project Title) APPLICATION FOR: INTERPRETATION, USE VARIANCE, Check if PH Required AREA VARIANCE AND/OR VARIANCE EXTENSION staff Review AP P LI CANT(S)� OWN E R(S)(lf not applicant� ATTO RN EY/AG E NT JOSUE FLORES JENNY CLIFTON Name JNF CONSTRUCTION &DESIGN LLC DOMINIC FAZIOLI 62 MILTON AVE. BALLSTON SPA 303 NELSO�I�tAVE. Address NY 12020 SARATOGA SPRINGS NY 12866 Phone (518)598-4397 / (678)637-6886 / / jennyclifton@gmail.com Email josueCa�jnfconstructiondesiqn.com nick.fazioli@gmail.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: �Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION I. Property Address/Location: 303 Nelson Avenue Tax Parcel No.: 166 45 - 1 _ 11 (for example: /65.52—4—37) 2. Date acquired by current owner: 10/13/2020 3. Zoning District when purchased: UR-3 4. Present use of property:2nd. HOME 5. Current Zoning District: UR-3 6. Has a previous ZBA application/appeal been filed for this property? ❑Yes(when? For what? ) �No 7. Is property located within (checic all that apply)?: ❑ Historic District ❑Architectural Review District ❑ 500'of a State Parlc, city boundary, or county/state highway? 8. Brief description of proposed action: BUILD A OFFICE AT 2ND. LEVEL OF GARAGE 9. Is there an active written violation for this parcel? ❑Yes �No 10. Has the worlc, use or occupancy to which this appeal relates already begun? ❑Yes e No 11. Identify the type of appeal you are requesting(check a/l that apply): ❑ INTERPRETATION �p. 2� ❑VARIANCE EXTENSION �p. 2� �USE VARIANCE�pp. 3-6� ❑AREA VARIANCE�pp. 6-7� Revised O1/2021 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE Z 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): I. Date original variance was granted: 2. Type of variance granted? ❑ Use ❑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 O1/2021 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON 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 seelcing 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&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): I) Date of purchase: 10/13/2020 Purchase amount: $661,000.00 2) Indicate dates and costs of any improvements made to property after purchase: Date Improvement Cost 3)Annual maintenance expenses: $3,000.00 4)Annual taxes:$7,783.79 5)Annual income generated from property:$0.00 6) City assessed value: $ Equalization rate: Estimated Marlcet Value: $ 7)Appraised Value: $ Appraiser: Date: Appraisal Assumptions: Revised O1/2021 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 4 B. Has property been listed for sale with ❑Yes If"yes",for how long? the Multiple Listing Service(MLS)? [�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? pYes ❑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/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE S 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 Icnowing(or was in a position to Icnow)the conditions for which the applicant is seelcing relief.The hardship has not been self-created for the fol lowi ng reasons: Revised O1/2021 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): UR-3 ACCESSORY The applicant requests relief from the following Zoning Ordinance article(s)STRUCTURE Dimensional Requirements District Requirement Requested no change to footprint Other: Dimension of the accessory structure remains the same.The existing roof gets removed with a new steepe pitch roof with dormers 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. Initially we explore utilizing the existing attic space.the existing attic space did not allow enough code required head hight to occupy. this led to having significant;ly change the roof structure to cretae usable head height. Once we determined the extent of roof structure modified was needed the owner felt it made sense to"do it right"and allow ample office space,with bathroom, and potential for guest to stay when visiting 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: No detriment to the character of the neighborhood. The garage is being renovated with no change in its footprint. The roof is being removed and replaced with a steeper pitch and shed dormers for head height.The ornamental garage door pergola will remain,the bi-fold doors doors in the gable will be modernized but maintain the same character of the existing structure. We believ the character is in keeping with the existing styling Revised O1/2021 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: Is not substantial as the request is to put a home office above the garage with the ability to be used as an occasional guest room 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: we are in keeping with the style of the existing structure. exposed rafter tails, maintaining the garage door pergola. re sind to match existing. No significant design style changes. We are mearly providing usable head height above the garage 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: Post covid work obligations require me to work remotely.This will provide a quit office space out of the house Revised O1/2021 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON 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 Icnowledge,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: g�16/22 ( plic nt ignature) Date: (applicant signature) If applicant is not the currently the owner of the property,the current owner must also sign. Owner Signatu e� Date: 8/16/22 . Owner Signature: Date: g/16/22 Revised O1/2021 �,.f- Y C I TY OF SARATOGA S PRINGS ��;,ti�.l�cr:� .��- •��J y .��: � �, � ZONING BOARD OF APPEALS � � i #�. �` "�:p- .A� '~ ��- �i :;� :,-- ,� C''�vh-J Ha�(,(� - 4 7�f- r3� . , pY� ��`� � Sa-�a�zr�a�S�i,�.9y, N e�nr-Ya�k��z s�� _ ,:�' �:��. .�-- :�. �� :�� i f/I�L r., � ,�G�i Te.(� S1-8—S 8 7—3 SSD X 2 S3 3 .�,r��}�.a��.� �°' v�sW'W:S�a�-o�a'—S'1�'�wLgS'•o-r9 I NSTRUCTIONS APPEAL TO THE ZONING BOARD FORAN I NTERPRETATION, 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 1 original and 1 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://v��nrwv.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., d rai ns, ponds, easements, etc.). ❑ Photographs showing the site and subject of your appeal, and its relationship to adjacent properties. 3. APPLICATION FEE (NON-REFUNDABLE�: Make checics payable to the ��Commissioner of Finance". REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT. Check City's website (v�✓ww.sarato�a-sprin�s.or�) for meeting dates. Revised O1/2021 ZON/NG BOARD APPEAL APPL/CA T/ON/NSTRUCT/ONS PAGE Z 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 & I nterpretation I 00 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 lettertothe nearby property owners.Applicants may not include anyother 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 O1/2021 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 each add'I variance AreaVariance-Multi-Family,Comm,Mixed-Use $660/var+$50/app+$200eachadd'Ivariance Interpretations $550+$50/app Post-Worl<Application Fee Add 50%App fee+$50/app Variance extensions 50%ofAppfee+$50/app Application to Design Review Commission[1] TOTAL #STRUCTURE Demolition $385 Residential Structures Principal $55 Ac c esso ry $5 5 Extension $35 Modification $55 Multi-Family,Comm,Mixed-UseStructures Sketch $165 Principal $550 Extension $200 Modification $330 Multi-Family,Comm,Mixed-UseAccessory,Signs,Awnings Principal $140 Extension $75 Modification $140 Post-WorkApplication Fee Add 50%App fee Application to Planning Board[1] TOTAL #STRUCTURE Special Use Permit[2] $990+$50/app Special Use Permit-extension $330 Special Use Permit-modification[2] $450+$50/app Site Plan Review-incl.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 $650 Subdivision-incl.PUD: TOTAL #LOTS SI<etch Plan $330 PreliminaryApproval[2] Residential:1-5 lots $660+$50/app Residential:6-10 lots $990+$50/app Residential:11-20 lots $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 SO%App fee Lot LineAdjustment $350 Letter of Credit-modification or extension $440 Letter of Credit-collection upto 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. � TOTAL DUE [2] Legal ad required;includesCity processingand publishing ForAdministrative Use Total Paid at Intake Revised Fee Balance Due ��_Balance Paid Staffapproval