HomeMy WebLinkAbout20220830 14 Mac Arthur rear deck Application >> IGG.i CITY OF SARATOGA SPRINGS
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INSTRUCTIONS
APPEAL TO THE ZONING BOARD FORAN
INTERPRETATION, 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://www.dec.ny.gov/docs/permits_ej_pperations_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".
REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT.
Check CiWs website(w\Arw.saratoga-springs.ar )for meeting dates.
Revised 01/2021
HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" (FOR OFFICE USEI
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sff CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
CITY HALL-474 BROADWAY AUG( 1rd)
SARATOGA SPRINGS, NEW YORK 12866-2296
>?� TEL:518-587-3550 X2533
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APPLICATION FOR: ❑
INTERPRETATION,USE VARIANCE, Check if PH Required
AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review
APPLICANT(S)* OWNER)(/fnotapplicant/ ATTORNEY/AGENT
Rob's contracting Robert Kear
Name
18 Frederick Lane Ballston Spa 14 MacAurthur Drive
Address
Saratoga NY 12020
Phone
518-275-7731 914-263-16;y '
dduck508@aol.com KarenKear@gmail.com
Email
Primary Contact Person: Applicant ❑✓Owner [:]Attomey/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: 0 Owner ❑Lessee ❑Under option to lease or purchase
PROPERTY INFORMATION
14 MacAuther Drive
1.Property Address/Location: Saratoga ny 12866 Tax Parcel No.: _.�_-7/25/22 -
(for example.165.52—4—37)
2. Date acquired by current owner: 3.Zoning District when purchased:
personal use
4. Present use of property: S.Current Zoning District: u x l
6. Has a previous ZBA application/appeal been filed for this property?
❑Yes(when? For what? )
0 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?
-4-to build a deck on the back side of our home for our enjoyment#
8. Brief description of proposed action:
9. Is there an active written violation for this parcel? ❑Yes 16 No
10. 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):
❑ INTERPRETATION(p.2) 12 VARIANCE EXTENSION(p.2) ❑USE VARIANCE(pp.3-6) ❑AREA VARIANCE(pp.6-7)
Revised 01/2021
ZONING BOARD OFAPPEALSAPPIJGAT/ON FORM PAGE 2
INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
1. Identify the section(s)of the Zoning Ordinance for which you are seeking an interpretation:
eft side of home we need T and the rear of home we need 3'
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? Wes ❑No
4. If the answer to#3 is"yes,"what alternative relief do you request?0 Use Variance O Area Variance
EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
1. 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 0112021
ZONING BOARD OFAPPEALSAPPUCAT/ON FORM PAGE 3
USE VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
A use variance is requested to permit the following
to build a 16x28'deck on the back side of our home
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".
1. 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):
1)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 01/2021
ZoAtwGBOARDOFAPPEALSAPPUCAT/ON FORM PAGE4
B. Has property been listed for sale with Oyes If"yes",for how long?
the Multiple Listing Service(MLS)? Ili No
1)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? (]Yes ONo
If yes,describe frequency and name of publications:
3)Has the property had a"For Sale"sign posted on it? OYes E]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 01/2021
ZONING BOARD OFAPPEALSAPPUCA77oN 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:
the deck will not be seen from the front of the home
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:
N/A
Revised 01/2021
ZON/NGBoAw oFAPPEAL4APPUc477ONFORM 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 District Requirement Requested
we are only asking for Ton each of the two sides please
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.
the deck will be build to specs supplied from curtis lumber and inspected by your city it will be safe
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:
it will be built properly and it will look very nice and these people have class
Revised 01/2021
ZONING BOARD OFAPPEALSAPPUCATIDN FORM PAGE?
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
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 will not be damageing any part of nature to build the deck
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:
N/A
Revised 0112021
ZONING BOARD OFAPPEALSAPPLICATIONFORM PAGES
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? 0 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 O1/2021