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HomeMy WebLinkAbout20221030 6 Seward Street Application —HANDWRITTEN,APPLICATIONS�1V11_L NOT BE ACCEPTED— [FOR OFFICE USE] �c0c,4 120�gmo CITY OF SARATOGA SPRINGS (Application#) r ZONING BOARD OF APPEALS ' T fNJ v CITY HALL-474 BROADWAY — r (Date received) SARATOGA SPRINGS, NEW YORK 12866-2296 NOV 0 4 2022 TEL: 518-587-3550 X2533 /�OORpOPA7EO www.saratoga-springs.org # BY- (Project Title) APPLICATION FOR: ❑ INTERPRETATION, USE VARIANCE, Check if PH Required AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review APPLICANT(S)* OWNER(S)(/f not apphcant) ATTORNEY/AGENT Isaiah Vail Name 6 Seward St. Address Saratoga Springs, NY (845)235-7591 Phone zaevai@aol.com Email Primary Contact Person: Applicant Zowner 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 6 Seward street 165 50 1 12 1. Property Address/Location:Saratoga SorinaG NY 1 866 Tax Parcel No.: (for example: /65.52—4—37) 08/14/2009 UR-2 2. Date acquired by current owner: 3.Zoning District when purchased: Residential UR-2 4. Present use of property: 5.Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? la Yes(when? 201n For what? ) M 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: Addition to the front of existing home and a 2 car garage. 9. Is there an active written violation for this parcel? ❑Yes It No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes O 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) 13 AREA VARIANCE(pp.6-7) Revised 01/2021 %O/vl/JG BOARD OFAPPEALSAPPUCAT/O/'✓FO&4 PAGET 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? r]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 ANSWERTHE 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 ZDNING BOARD OFAPPEALSAPPL/G4TIoN FORM PAGE. S i��i lei 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 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&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:$ b)City assessed value: $ Equalization rate: Estimated Market Value:$ 7)Appraised Value:$ Appraiser: Date: Appraisal Assumptions: Revised 01/2021 ZomNG BOARD OFAPPEALsAPPL1c r1oty FORM PAGE 4 B. Has property been listed for sale with ❑Yes If"yes",for how long? the Multiple Listing Service(MLS)? [[]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 ❑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 01/2021 ZONING BOARD OFAPPEALSAPPLIcATION 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 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 O1/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): 3-A: Residential Districts The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Standards Dimensional Requirements District Requirement Requested Setback: Front 10, 62'9' Rear Setback 25' No Change Side: Setback North 8' No Change Side:Setback South 8' 8' Total Side 20' 10.1' 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. The first sets of designs and plans for our home do not meet the needs of our growing family, hlith a long and n rrow property there are not many options to benefit our house.Starting in 2019 we began looking for a new home in Saratoga.This inclu ed JQ the S17P hOMe We=Pri i.AXr,-jnr heynpri ni Ir fingincoal abilit*eQ The pwposer, new plans Will allmAg-IS the living Space, storage and feasible means to keep 6 Seward street out forever home 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: Our home is set on the back of our property with over 100 feet from the road.The proposed plans would still leave over 62 feet of property to the road.Almost every home on Seward Street has a garage and our neighbors at 13 Seward are in the process of building theirs.We would greatly appreciate the added benefits.We are surrounded by great neighbors that we respect and have helped us to build a great home environment or our children. ur plans are consistence with a current style or our home and the character of out neighborhoo .Ve believe if the variance is granted our home will continue to add the the c1l 101 CLAW U1 UU1 neighborhood. Revised 0112021 ZONING BOARD oFAPPEALSAPPUCAT/oN FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: We do not believe the variance is substantial. The maximum building coverage required is 40% The proposed plans would bring our home to 31.5%building coverage:We would still have plenty of front yard with green space for the kids. 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: If this variance is granted it will not have an adverse physical or environmental effect on the neighborhood.Our plans maintain substantial green space while preserving the character of our home. In discussion with our neighbors at 4 Seward street our garage will create balance between our properties and provide an aesthetically pleasing look for our street. 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: The home was built in 1929 on the back of a long narrow lot not conforming with todays setbacks In 2009 when we purchased 6 Seward street,we had no idea it would become our forever home.Now we have built a community of friends and neighbors and we have no intentions of leaving.We have created a home in a shape we cannot leave. From the parks to the schools we couldn't ask for a better home for our kids.We have created a wonderful place for our family and as we grow so does our need for space. Revised O1/2021 ZONING BOARD OFAPPEALSAPPLICATION 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. \ Digitally signed by Isaiah Vail Isaiah V/a') ''Date:2022.11.04 14:28:05 11/4/22 04'00' Date: (applicant sign ture) 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 01/2021