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Home My WebLink About20221035 110-114 Nelson Lot #1 ApplicationWitt Construction Inc. 534 Broadway Saratoga, NY 12866 City of Saratoga Springs ZBA 474 Broadway Unit 6 Saratoga Springs, NY 12866 Dear ZBA Planner: Re:110-114 Nelson Ave Saratoga Springs, NY 12866 Attached you will find a ZBA application for 110-114 Nelson Ave Lot #1. Also included with application is: • Application • Prior Building Dept interpretation request 12-8-1993 • Lot size table and setbacks regarding Lot #1 • Survey Map Showing Lot #1 • Pictures of Area and nearby homes • Short Environmental Assessment Form • Purposed house Plans " HANDWPITTEN APPLICATIONS WILL NOT BE ACCEPTED"* �a`Ltocr,l 's rr CITY OF SARATOGA SPRINGS J ZONING BOARD OF APPEALS � CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 y yc04pesaTto TEL: 518-587-3550 X2533 '9 www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* OWNER(S) ffnotapplicant) Name Witt Construction Inc. ANW Holdings LLC IFOR OFFICE USEI (Date received) (Project Title) Check if PH Required FI Staff Review ATTORNEY/AGENT Witt Construction Inc. Address 563 Broadway 563 Broadway 563 Broadway Saratoga, NY 12866 Saratoga, NY 12866 Saratoga, NY 12866 Phone 518-587-4113 / / 518-587-4113 / Email bengelmann@wittconstruction.com 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 Lot #1 1. Property Address/Location: 110-114 Nelson Ave Tax Parcel No.: 166 77 47 17 (for example., l6S.S2 — 4— 27) 2. Date acquired by current owner: 09-15-22 3. Zoning District when purchased: UR2 4. Present use of property: Parking Lot 5. Current Zoning District: UR2 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? 12/1993 For what? Interpretation Request ) 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? 8. Brief description of proposed action: Single Family Residence 9. Is there an active written violation for this parcel? ❑ Yes 19 No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes 0 No 11. Identify the type of appeal you are requesting (check all that apply): ❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) B AREA VARIANCE (pp. 6-7) Revised 01/2021 ZONING BOARD OPAPPEACSAPPUCA TIONFORM PAGE2 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: 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 ONO 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): 1. Date original variance was granted: 2. Type of variance granted? ❑ Use ❑ Area 3. Date original variance expired: S. 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 01/2021 ZONING BOARD OFAPPF4UAPAUc:-4 PION FORM USE VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): A use variance is requested to permit the following: PAGF3 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 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): 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 Revised 01/2021 ZON/NGBOARD oFAPP64tsAPPucA7IONFORM PAGr4 B. Has property been listed for sale with OYes If "yes", for how long? the Multiple Listing Service (MLS)? IoNo 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? OYes ❑No If yes, describe frequency and name of publications: 3) Has the property had a "For Sale" sign posted on it? C1Yes ❑ No If yes, list dates when sign was posted: 4) How many times has the property been shown and with what results? 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 ZON7NGBOARD 0FAPPEALfAPPL7C477cw FORN 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 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 01/2021 ZON/NG BOARD OFAPPE4LSAPPLIC4T/ON FORM PAGE6 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 Front ' Rear 1010None South Side 8' .50, North Side 12' None Combined Sides 20' None Accessory Building Rear 5' Accessory Building North Side 5' None Accessory AC Unit 5' None 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. It is economically unfeasible to add additional land and purchase land from neighbor to the north. We have added space to the third floor needed for this young family so they can have a home office as they work from home and need the first two floors for family living needs This reduces building coverage We have 18" overhangs on the home which helps exterior esthetics of the home to fit into the historic street scape. 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 proposed home fits in the historical Vernacular landscape. The homes proposed on Nelson Ave will fill the void of the existing parking lot and create a positive esthetic to the Nelson Ave architecture. Allowing this home will create a positive social aspect by having a useable front porch which is a desired lifestyle of homeowners in the neighborhood. The home to be constructed is for a young couple with children who work from home Revised 01/2021 ZONwGBOARO OFAPPE4LSAPPLjc:AT1ov FORM PAGE% 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The proposed variance is not substantial and is in keeping with the homes on the block and surrounding neighborhood. 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: This home will not have physical and environmental effect. We feel the design of this proposed home is similar size and shape,of homes in the neighborhood. The plan with front porch and pushed back garage match many of the homes in the neighborhood. The two car detached garage is designed to have storage above. S. 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 variance difficulty is self created. We designed this house with functionality of the family in mind Revised 01/2021 ZONING BOARD OFAPPFALSAPPL/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 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 thorize the members of the Zoning Board of Appeals and designated City staff to enter the property associated with this applic cion urposes of conducting any necessary site inspections relating to this appeal. Date: �� ✓ (app i to ) Date: (applicant signature) If applicant is not t cur I the own oft operty, the current owner must also sign. Owner Signature: _ Date: Owner Signature: Revised 01/2021 nroc,i CITY OF SARATOGA SPRINGS '., 5, ZONING BOARD OF APPEALS ::'�'�°�: ' 4 Cvty Ha4l - 474 6raadway SarcL(vga.Spa-i,v�.gy, New-Yark�22866 !cOgpcanTce \�.y TeL• 512 8-S87-3SSO XS33 wwwsatia}aga„;vgy.�yg INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN 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 i dikital version of the following: I� 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" E?* Completed SEQR Environmental Assessment Form - short or long form as required by action, http://www.dec. ny.gov/docs/permits-ej-9perations_pdf/Seafpartone.pdf 0,2re—ta-fled "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.). L�f - 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 City's website (wwwsaratoea-sprinps.org) for meeting dates. Revised 01 /2021 ZON/NG BOARD APPEAL APPL IcATLON /NSTRucT/ONS PUBLIC (-TEARING ADVERTISEMENT PAGE2 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 & Interpretation 100 feet This notice must be sent at least 7 days but not more than 20 dam before the date of the public hearing. City staff will email a copy of the "property owner notification letter" to the applicant. The applicant mustthen 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 0112021 2021 LAND USE BOARD FEE WORKSHEET OPED Fees Type 2021 Fee Application to Zoning Board fAppeals 11112) TOTAL WARIANCE Use Variance $1100+$50/app Area Variance -Residential $275/var+550/app+$125 eachadd'I variance Area Variance - Multi-Famlly, Comm, Mixed-Uw $660/var+$50/app+$200 eachatld'Ivariance Interpretallons $550+$50/app Post -Work Application Fee Add SO%App fee+$SO/app Varianceevtensions S0%afAppfee+$50/app Application to Design Review Commission (1) Demolition Residential Structures Principal Accessory Extenslon Modification Multi -Family, Comm, Mixed -Use Structures Sketch Principal Extension Modification Multi -Family, Comm, Mixed -Us AccasscM Signs, Awnings Principal Extension Modification Post -Work Application Fee Application to Planning Board [3) Special Use Permit [21 Special Use Permit - extension Special Use Permit - modification [21 Site Plan Review -incl. PUD: Sketch Plan Residential Residential -extension Residential -modification Non-rsidenlial Non -Residential - extension Non -Residential - modification Subdivision - Intl. PUD: Sketch Plan PreliminarVApproval (2) Residential: l-Slots Residential: 6-10lots Residential:11-20 lots Residential: 21+1ots Residential-exI,nsl.n Final Approval (21 Residential Non -Residential Final Approval Modification [2) Residential Non -Residential Final Approval Extension Residential Non -Residential Other: Past -Work Application Fee Lot Line Adjustment Letter of Credit - modification pr extension Letter of Credit -collection Recreation Fee Land DMurb— SEORA EIS Review (Draft & Finap Legal Noticing if PS requires Public Hearing TOTAL #STRUCTURE ��$385 $55 $SS $35 SS5 $165 $5S0 $200 $330 $140 $75 $140 Add 50%App fee TOTAL RSTRUCTURE �5990+550/app $330 5450+$50/app 5330 $330+$200/unit $200 $400 $660+S130/1000sf $300 5650 TOTAL PLOTS �$330 S660+$50/app $990+$50/app $1320+$50/app $16S0+S0/app 5330 152320+$1+S50/aPP $2000/Iet+$501S50/app �$0+$50/app $55550+$50/app $135 $330 TOTAL #LOT/ACRE Add SO%App lee $350 $440 uploi%ofLoC S2000/latorunit $660+$55/acre TBD $50/app [11 Fees are based on per structure, except where noted. (21Legal adrequired; include City processing and publishing $0.00 TOTAL DUE —_ ForAdministrotive use Total Paid at Intake Revised Fee Balance Due J_j_ Balance Paid StaHapproval • Building & Plumbing • Codes • Zoning July 18, 2002 Peter A. Lynch 48 Columbia Street Albany, NY 12207 Li#li of *arat ga aprings BUILDING DEPARTMENT CITY HALL Saratoga Springs, New York 12866 MICHAEL J, BIFFER 8uIldfng Inspector Telephone 518-587-3550 ROBERT W. HICKEY Assi. Bfdg, Inspectcr Fax 518-580-9480 STEPHEN A. HENDERER Assf. Bldg, d Construefion Inspector RE; 110-114 NELSON AVENUE To Whom It May Concern; With regards to the nonconforming use of this premises as a parking lot during the thoroughbred racing meet, we know that the Zoning Board of Appeals approved an interpretation request at the December 8, 1993 meeting of the board, the decision having been signed by the chairman and secretary on December 15, 1993. Also, according to the sworn affidavit of Thomas Robertson, dated July 15, 2002, this same parking lot use has continued in compliance with sections 240-9.1 and 240-9.2 of the City Zoning Ordinance — the use not having been enlarged, altered, or changed from the approved nonconforming use, and it has not constituted a nuisance. There is no information in the Building Department file for this premises contradicting these statements Based upon my review of available information, it is my opinion that use of the premises as a parking lot during the thoroughbred racing meet may lawfully continue, subject to limitations and conditions as set forth in article IX of the zoning ordinance. Yours truly, Michael J!BW4 k MJB/lb JW Nemmingway, Lot 1 Neer- Fischer Residence_ City Variance Application by Design (Ff) 3.00 Relief Requested (SF) 7.00 nNorthSide ERequired 33.71 750 N/A 0.50 15.68 0.00 ees 20.00 23.18 0.00 Accessory Building Rear 5.00 2.00 3.00 Accessory Building North Side 5.00 5.00 0.00 Accessory AC Unit 5.00 5.00 0.00 Lot Size (SF) 6600.EActual Required Coverage Relief Requested %) N (FT) Principal Building Coverage w/ 22 34.3% overhangs (SF) Accessory Building Coverage w/ 640.42 overhangs Including AC unit (SF) Combined Principal Building & 2910. 44.09% 40% 10.22% Accessory Building (including AC unit) w/ overhang (t® Principal Building Coverage 6.56 30.40% 0.40% w/o overhangs (SF) Accessory Building Coverage 578.71 8.76% 0.00 w/o overhangs including AC unit (SF) Combined Principal Building & 2585.27 39.17% 40% 0.00 Accessory Building (including AC unit) w/o overhang