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HomeMy WebLinkAbout20190554 Grossman Residence Application Lott osrai IFoR OFFICE USE e CITY OF SARATOGA SPRINGS /. (Application#) - 474 6reradtAtaj . • 4-7 So--ro-*0,130, NeAAr 12 TeL 51-8-58 7-3550 "coy. 51- -580-q4-80 (Date received) 4'p0Rv° APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN fi INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE NSION 57 JUN 04 20191111 APPLICANT(S)* OWNER(S) (If not applicant) 0 RNETIAGE NT Rory O'Connor Thomas R. Grossman BY Name Thomas E. Grossman 199 Milton Avenue 527 Madison Ave, Thomas Frost, Froscis Address Ste. 1 New York, NY 110022 41 Long Alley Ballston Spa, NY 12020 New York, NY 10022 Saratoga Springs, NY 12868 815 857 6400 212 419 3941 518 584 7514 Phone RORY@SARATOGAREALPROPERTY.00 TGROSSMAN@UAADVISORS.CO TOM©FHARCH.COM 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: 0 Owner 0 Lessee ill Under option to lease or purchase PROPERTY INFORMATION 169 Union Avenue I. Property Address/Location: Saratoga Springs, NY 12866 Tax Parcel No.: 166 69 3 12 (for example: 165.52-4-37) 2. Date acquired by current owner: 918/2904 3. Zoning District when purchased: UR-4 4. Present use of property: Single Family Residence 5. Current Zoning District: UR-4 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? For what? IZ No 7. Is property located within (check all that apply)?: Historic District 0 Architectural Review District iZ 500of a State Park,city boundary,or county/state highway? 8. Brief description of proposed action: Removal of detached 2-car garage. Replacement with a detached 2-story, 2-car garage with an attached carport. 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes 12i No 10. Has the work, use or occupancy to which this appeal relates already begun? El Yes No II. Identify the type of appeal you are requesting (check all that apply): INTERPRETATION (p. 2) El VARIANCE EXTENSION (p. 2) CI USE VARIANCE(pp. 3-6) 1:?11 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 $L000 o Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 O 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? MYes EN° 4. If the answer to #3 is "yes"what alternative relief do you request?El 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 riot 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 APPE4L5 APPLICATION 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 urinipcessay. 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&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: 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 01/2019 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4 .I B. Has property been listed for sale with des If"yes", for how long? the Multiple Listing Service(MLS)? flNo 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 had a"For Sale-sign posted on it? Eyes U 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 thisprcue 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 APPE4L5 APPLIC477ON FORM 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 en 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 APPLICATION FORM PAGE 6 AREA VARIANCE-PLEASE ANSWER THE FOLLOWING(add additional information as necessary): -he applicant requests relief from the following Zoning Ordinance article(s) Art. II-Table 1Art. II-Table 2 Dimensional Requirements From To Accessory Building Min Front Yard Dim., East, Ludlow Street 25'-0 11 -6'' Mtn. Front Yard Dim., North, Morton Place 25 -0 Min. Rear Yard Dim., vest 5'-0 2°-8" Other: By installing a bathroom and finishing the 2nd floor office/exercise space, this accessory structure becomes other than a private garage or other specifically permitted use, and requires an Area Variance. 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. Because of the three front yard set-back requirements on the property, there is little choice but to locate the 2-car garage in the location proposed. Any-To-dation on the prmperty would create a non-con orming situa ion, ere are no aval a.e spaces wit in t e existing residence for the uses proposed for the 2nd floor of the garage. Also, in this UR-4 zone, the permitted uses in an • • • ”iog • - • • • 1 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: Actually, the change to the property and neighborhood is minimal. The proposed building is only about 6' higher from grade to roof eave than the exis ing garage, an. a enmse a.out e same foo prin size, as .een move. u er rom e a ey on e no and from the property line on the west. The addition of the carport will not have a significant effect on the massing of the garage structure. In addition, a new, we ui structureIin this1öäflon wi •e a compara.e improvemen o e neig *or 00. an. near.y properties. 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: Given the amount of the set-back relief being sought, the variance would seem substantial. However, because of the three front T. • ,, • • • • • • - • ••- eye • us . 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: In reality,the"neighborhood"here is not Union Avenue. This application relates to the neighborhood of Morton Place.There is an I - a a. .0- •11' a • • T' @IC* • V , • • the alley property line. This proposed building will fit in well with this mix,and actually be an upgrade to 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: Because the existing garage is being completely removed, this proposal receives no benefit from its non-conforming pre-existing GIs . Is • • 0. .9- I S By " - 10 SIP is self-created. Revised 01/2019 ZONING BOARD OF APPEALS AP°LICATION 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 fl 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 applicatem for purposes of conducting any necessary site inspections relating to this appeal. ir AP Date: 6/3/141 kapplicant 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 01/20:9 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project sponsor) t APPLICANT/SPONSOR 2. PROJECT NAME itto-Pikk TAZO ei( (17-64/50.144+4 Ittee61 craw.. 3. PROJECT LOCATION: +kistilei' co Oir 4FP-4,4 /1/410)M # Municipality County 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 164 a tiot-#)-T coadmEiR, 1,0 L-opLtrizi 5. PROPOSED ACTION IS New 0 Expansion El Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: F-544idatilkL kl/A6 g 15141- cb OiP paik) &icalt 7. AMOUNT OF LAND AFFECTED: Initially: =. • ZS (acres) Ultimately: (acres) 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS Yes g) No If No,describe briefly r21541)( ittig-Ar VkaLie4 CC, 9. WHAT IS PRESENT LAND JSE IN VICINITY OF PROJECT? 14 Residential El Industrial 0 Commercial 0 Agriculture 0 Park/Forest/Open Space El Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING r NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? El Yes RI No If Yes,list agency(s)name and permit/approvals: 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? El Yes No If Yes,list agency(s)name and permit/approvals. 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? D Yes El No ------ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: TlUUJZ. 1 Date: 16r Signature. Revised 0 /051201 I PART II-IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD INS NYCRR, PART 617.47 If yes,coordinate the review process and use the FULL EAF. D Yes DNo B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617_6? If No,a negative declaration may be superseded by another involved agency. Yes DNc C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten,if legible) Cl.Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal,potential for erosion,drainage or flooding problems? Explain briefly: C2.Aesthetic,agricultural,archaeological,historic or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3.Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4.A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: C5.Growth,subsequent development, or related activities likely to be induced by the proposed action?Explain briefly: C6.Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7.Other impacts(including changes in use of either quantity or type of energy? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? • Yes 0 No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? O Yes 0 No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial_large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b)probability of occurring (c)duration; (d) irreversibility; (e) geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination of significance must evaluate the potential impact of the p"oposed action on the environmental characteristics of the CEA. 0 Check this box if you have identified one or more potentially large or significant adverse impacts that MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. 0 Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination_ Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Revised 0 1105120 I