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HomeMy WebLinkAbout20220929 10 A Nelson New build Variance Extension Application ����,o�; r � CITY OF SARATOGA SPRINGS �� ' ! ,: f j, ZONING BOARD OF APPEALS -, `' � �:�: ,:, • Ci�ty Ha,l,l, - 474 f��o�a,d�va,y _ /�`� � . _ !/ ;'�i,� " Sa.�a�-o�aS�i,v�.gy, N�w-Yo-�k�12s�� '"%,., �h T2(.: 518-587-3550 fa�v 518-580-q480 ;,F� 4 ` ,a, I NSTRUCTIONS APPEAL TO THE ZONING BOARD FORAN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS I. E����B���n: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. CoMP�ETE SuBM�ss�oNs:Applicants are encouraged to work with City staff to ensure a complete application.The ZBAwill only consider properly completed applications that contain I origin�l and I di�ital 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://www.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., drains, ponds, easements, etc.). ❑ Photographs showing the site and subject of your appeal, and its relationship to adjacent properties. 3. APPLICATION FEE (NON-REFUNDABLE�: Make checks payable to the "Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $500 ❑ Use variance $I,000 ❑ Area variance - Residential use/property $200 - Non-residential use/property$600 ❑ Extensions $I 50 Check City's website (wwwsaratoga-springs.org) for application meeting dates. Revised Ol/2019 ZON/NG BOARD APPEAL APPUCAT/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 Sarato�legal notices at least 5 days before the hearing. Applicants must pay The Sarato�for the legal ad and present proof of payment to the ZBA prior to the public hearing. If proof of payment is not presented prior to the hearing, the hearing will be cancelled. 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 & Interpretation I 00 feet This notice must be sent at least 7 days but not more than 20 da� 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 letter to the nearby property owners.Applicants may not include any other 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 Ol/2019 `�,\},{�� � � �FOR OFFICE USEI f C I TY OF SARATOGA S PRINGS .� i � � � •o �� �'� J Ci�ty Ha,l,l, - 474 f��o-Gt.O�nrti� (APPlication#) � i` � Sa.�a�-o�a S�ri,v�.g y, N e,w-Yo-�k�12 s�� s ��, �" T2(.: 518-587-3550 fa�v 518-580-q480 1q�`' (Date received) �'�iYFr� iQ . ar.. APPLICATION FOR: APPEAL TO THE ZONING BOARD FORAN INTERPRETATION, USE VARIANCE,AREAVARIANCE AND/ORVARIANCE EXTENSION APPLICANT(S)� OWNER(S �/fnotapp/icant� ATTORNEY�AGENT Kara Smith and James Del Favero Name 951 Van Hoesen Rd Jennifer Taylor Add ress 518-862-0509 Castleton on Hudson, NY 12033 518-488-7454 Phone / / / missyz@mindspring.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: m Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 10A Nelson Ave. Saratoga Springs, NY 179 2 13 I. Property Address/Location: Tax Parcel No.: - - (for examp/e: /65.52—4—37) 9/30/2019 Rural Residential 2. Date acquired by current owner: 3.Zoning District when purchased: Vacant Lant Rural Residential 4. Present use of property: 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? m Yes (when? _i,,,,p 'Jd 'Jf11Q Forwhat?T,rpa varianra � � No 7. Is property located within (check all that apply)?: ❑ Historic District ❑Architectural Review District ❑ 500'of a State Park,city boundary,or county/state highway? 8. Brief description of proposed action: We would like to build a two-story single family home,with attached two-car garage, on the site. The home would have four bedrooms and three baths. It would have approximately 1800 sq ft of living space, not including garage, and would be a tra itiona ome esign,wit ou e ec er ront porc es t at wou mes wit t e o0 o t e owntown aratoga prings area. 9. Is there a written violation for this parcel that is not the subject of this application? ❑Yes �No I 0. 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 a//thatapp/y� ❑ INTERPRETATION �P. 2� m VARIANCE EXTENSION �P. 2� ❑ USE VARIANCE �PP. 3-6� ❑AREAVARIANCE �PP. 6-7� Revised Ol/2019 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGEZ FEEs:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $ 500 ❑ Use variance $I,000 ❑Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 � Extensions: $ 150 INTERPRETATION—PLEASE ANSVNER�HE FOLLOWING(add additional information as necessary): I. Identify the section(s)of the Zoning Ordinance for which you are seeking an interpretation: We would like relief from the rural residential zoning designation since the plot does not meet the stipulations for that Section(s) category of zoning. However, the lot existed prior to the rezoning of 1961, making it pre-existing nonconforming. Therefore, 2. How do you request that this section be interpreted? 3. If interpretation is denied,do you wish to request alternative zoning relief? DYes mNo 4. If the answer to#3 is "yes,"what alternative relief do you request?❑ Use Variance ❑Area Variance E�TENSION OF A VARIANCE—PLEASE ANSWER�HE FOLLOWING(add additional information as necessary): September 17, I. Date original variance was granted: 2019 2. Type of variance granted? ❑ Use m Area 3. Date original variance expired: MarCll �7, 2�2� 5. Explain why the extension is necessary.Why wasn't the original timeframe sufficient? We do not intend to build on the land until our youngest son, currently a HS senior, completes his schooling in our current school district Understandabl�., he does not wish to leave the friends he has attended school with since kindergarten 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: The site is an empty lot and remains the same.There has also been no significant building in the immediate surrounding area. Revised Ol/2019 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE.3 USE VARIANCE—PLEASEANSWER�HE 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&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 I mprovement 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 Ol/2019 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE�{ 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? DYes ❑No If yes,describe frequency and name of publications: 3) Has the property had a"For Sale"sign posted on it? QYes ❑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 Ol/2019 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON 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 has not been self-created.An applicant(whether the property ownerorone 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 Ol/2019 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER�HE FOLLOWING(add additional information as necessary): Rural Residential zoning district The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements From To Min. average width 200 sq ft 75 sq ft Min. lot size 2 acres 11,300 Min. front yard setback 60 48 Min. rear yard setback 100 30 Min. side yard setback, left 30 20 Min. side yard setback, right is compliant with existing zoning 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. We have not sought other alternatives to the variance. Since we would like to construct a home on the property, and it is currently out o comp iance wit t e existing variance esignation,we ave no ot er recourse ut to app y or an area variance i we ope to achieve our goal of constructing a home on the property. This lot was established prior to the development of the RR zoning 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: Revised Ol/2019 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: This variance is not substantial since it is sited on a plot of land that is comparable in size to the homes to iYs immediate right and left. The home to its immediate left in particular, 10 Nelson Ave., is built on a plot this is only slightly larger than this plot of land. the creation of the RR zoning designation for this area. 4. Whetherthe variance will have adverse physical or environmental effects on neighborhood ordistrict. The requested variance will not have an adverse physical or environmental effect on the neighborhood or district for the following reasons: 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, it is instead simply the result of changing land-use designations.At the time the lot was established,the rural residential zone had not been created. Therefore, future problems regarding home construction, and it is classified as a pre-existing nonconforming building lot. Revised Ol/2019 ZON/NG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE B 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? m 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. o�g�tauy S�g�ed by Ka�a sm�m 09/26/2022 K a ra S m i t h °N ��-Ka�a Sm�th °°u. email=missyz@mindspnng.com,c=US Date:2019.06.18 1425:33-04'00' �dte: (applicant signature) James Del Favero �;d° __ �_� , _ �._ 09/26/2022 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 Ol/2019 ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING APPLICANT: TAX PARCEL NO.: - - PROPERTYADDRESS: 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: ❑ Extension of existing variance ❑ Interpretation ❑ Use Variance to permit the following: ❑Area Variance seeking the following relief: Dimensional Requirements From To Other: Note: ❑Advisory Opinion required from Saratoga County Planning Board ZONING AND BUILDING INSPECTOR DATE Revised Ol/2019 \ I �'��a a ' \ � � a � W � � � �9 \ � N a�p � � � N 9� �b o ° p ....` � O � 0 4� � � � PC3Q�4 � q qfl o� ��� � } � � n � U Q� e� � � W N � �o �sQ� — ' � � � � � 4 U � CO e 6 � � L fl T o a �°g � `� o Q i � � � 2'-4" 18'-0" � �� �� �Q [ , � � o a-�,- r � � ° � � �'-o„ $,_o„ 4 °�fl o 3 6'-62" q o w a a a o � � � 18'-0" �°�� �� a p 4 N6'-�" � �d�° �`� � o�--�`tis s� U p fl o I � _ 2'-4^ ❑ 0 ��� ��� J ARGARAGE � — � HIGH BEDROO # HIGH � — � WINDOWS � BEDROOM #1 — & WINDO S � _ ���o DOWN � e� � o � � o op� � BAC K � — L �°� o BE r^ ooa' �o V J _ �� BAT H R u P � c�osET MUD ROOM � � D P , 1 � � �-1 y BEDROOM#1 � � ❑ _ J BACK � W O �P BATH R �D MUD ROOM � O a ` � _ � � � BATH R K T�RE f� � �LI LINEN � o � ��NEN [ o � O p � � � 0 � PANTRY �_ _ 2�'4�� 24'0�� � O � D � � ��T� � � w oowiv DINING ROOM PANTRY , , , , H � �2�-28�� V J �A�� N � 1 � — � L VING ROO �oP ABOVE� �owN a� �'N gE ROOM #2 - DOWN FOYER � � ❑ O ❑ DINING ROOM STAIR 0 HALL BAT ROOM N � S ORAG � q 0 HALL o CLOSET - N �i � C T 4, �. � aR'4.�' '�v�pb — _ /° � 0 � �" DQ°a D�b. 0 � °a ° ee od ° °e M O � ,0�9 °�o e�° o�ae L E �' �` � d�Qa 9od � � / � a°Q Qoa° � � � a� °°°a�ep��/ ��p�a r � � °°a Q�°. d°° .� eO o qa oao o P a 0 ° n� 0 Q � aQ qo Oa � Q�Q 6 p �pss O � Q r �P p a � 4 4oa °ao, �,.i a d � � D a��Q Qon, aoC2 q��II a OP TO BELOW � L VI NG ROO � � a o o Q �� OPEN T ABOVE � �°�'4°°a a°°. ff°� � - MA ER BEDROOM � n9b dPa 0 � M - - - - FOYER (V � WALK-IN bN C LOS ET 15'-5" � 0 DATE: SEPT. 29, 2022 O ��N r �o REVISIONS: SCALE: AS SHOWN � 1F' d„ DESIGNED BY: SW DRAWN BY: 3 SITE PLAN 2 SECOND FLOOR PLAN 1 FIRST FLOOR PLAN SCALE: 1" = 10'-0" SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" NORTH W � � o �- � � N � _ � � ~ � � � � V � � � � � W N � � � � U � � � � � �_ 2 � � � V � o � � � � 3 � Q °° � � C/� W � � � � Q H � � � � � � � � � � W O C/� � � 4 � � A° ^�C � � ...\\ � .",�`.\ � � P' ~�. � � � � ����� ._._.:.__ � � W � 1 .11 I I !�J I I — 1_,la I L_�1_ 1. II I �' ' I ; ; I,, I � � � II L_ ,.l � � _II I ' - - - - - - ❑ ❑ �_--�i DATE: SEPT. 29, 2022 I 1�111 �J 111 �J Ill �J 111 �J 111 �J 111 �J Ill �J 111 I � 11 �J111 �JI11 �J111 �J111 �J111 �JI11 �J11111 I REVISION S: IJ�111 �J 111 �J Ill �J 111 �J 111 �J 111 �J Ill �J 111 I -- -- --_____-= II I I III I I III l.l_.!_i.i i � ! �� ..�,_ SCALE: AS SHOWN 11. 1i�i� DESIGNED BY: SW DRAWN BY: 2 SOUTH ELEVATION 1 WEST ELEVATION SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0"