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HomeMy WebLinkAbout20230087 85 Nelson Avenue Use Variance Correspondance CARUSONE & CARUSONE Attorneys at Law 491 Broadway—P.O. Box 478 Saratoga Springs,New York 12866 Tel. (518) 584-3240 Fax (518) 584-7451 icarusonencarusoneiaw.com March 27, 2023 Via Email 0n� Zoning Board of Appeals City of Saratoga Springs 474 Broadway Saratoga Springs,NY 12866 Re: Ted Waite I Application for Use Variance at 85 Nelson Avenue Dear Members of the Zoning Board: This will supplement our Application in the above-referenced matter which was filed on February 16, 2023. Attached please find a response to a foil request for adjoining premises known as 83 Nelson Avenue. The second attachment is the property description report for 83 Nelson Avenue from which it appears that it is taxed as a one-family residence with an apartment. The third attachment is a copy of the Deed from Herman to John L. Connolly from which it appears that Mr. Connolly purchased the premises on July 7, 2022, for the sum of $1,575,000.00. I will discuss the relevancy of these documents at tonight's meeting. In my transmittal letter of February 16, 2023, 1 requested that all of the material submitted in connection with the previous three-family Application be incorporated by reference in the current Application. I renew said request so that we will not need to resubmit all of the material previously presented. Thank you, R ectfully o rs, Jo J: C sone, Jr. JCC/dfm cc: Ted Waite via email only SARATOGA,COUNTY—STATE OF NEW YORK ' SARATOGA COUNTY CLERK *' ry CRAIG A.HAYNER 40 MCMASTER STREET, BALLSTON SPA,NY 12020 COUNTY CLERK'S RECORDING PAGE ***THIS PAGE IS PART OF THE DOCUMENT-DO NOT DETACH'*" Recording: Pages 10.00 Cover Sheet Fee 5.00 Recording Fee 20.00 Cultural Ed 14.25 Records Management - Coun 1.00 Records Management - Stat 4.75 INSTRUMENT #: 2022026769 Notice of Transfer of Sal 10.00 RP5217 Residential/Agricu 116.00 Receipt#: 2022212444857 RP5217 - County 9.00 Clerk: GW Names 1. 50 Rec gate: 08/16/2022 01:08:04 PM TP 584 5.00 Doc Grp. D Descrip: DEED sub Total : 196.50 Num Pgs: 3 Transfer Tax Partyl: HERMAN DAVID B AS TRUSTEE Transfer Tax 6300.00 Party2 : CONNOLLY JOHN L Mansion Tax 15750.00 Town: SARATOGA SPRINGS 179.21-2-20 Sub Total : 22050.00 Total : 22246. 50 NOTICE: THIS IS NOT A BILL ** ' * * * Transfer Tax k* Transfer Tax #: 404 Transfer Tax Transfer Tax 6300.00 Mansion Tax 15750.00 Total : 22050.00 This page constitutes the Clerk's endorsement, required by section 316-a (5) & 319 of the Real Property Law of the State of New York with a stamped signature underneath. e", Record and Return TO; "" 4r, Saratoga County Clerk 3IM SNYDER £SQ 160 WEST AVE SARATOGA SPRINGS NY 12866 2022026769 /re ^ CZ 7 08/1612022 01:08:04 PM `+-I 3 R&R: ppP�geS RECORDED Saratoga Coamty C€erkJ THIS INDENTURE, 41. ICY 6� made theday of July, Two Thousand TrXren -Two Y tY' BETWEEN, David B. Herman and Denise A. Herman Trustees of the David B. Herman Revocable Trust dated December 18, 2015 and Denise A. Herman and David B. Herman Trustees of the Denise A. Herman Revocable Trust dated December 18, 2015 residing at 83 Nelson Avenue, Saratoga Springs, New York 12866 parties of the first part, and John L. Connolly, residing at 11 Demorest Avenue, Atlanta, Georgia 30305 parties of the second part, WITNESSETH, that the parties of the first part, in consideration of ONE MILLION FIVE HUNDRED SEVENTY-FIVE THOUSAND and 00/100 ($1,575,000.00) DOLLARS, lawful money of the United States, and other good and valuable consideration paid by the parties of the second part, do hereby grant and release unto the parties of the second part, their heirs and assigns forever, ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the City of Saratoga Springs, County of Saratoga and State of New York, and more particularly bounded and described as follows: BEGINNING in the west bounds of Nelson Street, as laid down on a map of lands owned by A.A. Kellogg, E.W. Cole and J.S. Smith of Saratoga Springs as surveyed and mapped by A. Gamsey, December, 1853, at the northeast corner of Patrick Morrissey's Lot, which point is 161 feet northerly of the north line of Crescent Street as laid down on said map, running thence westerly along the north bounds of said Morrissey's lot to the southeast corner of Lot No. 234 as laid down on said map; thence northerly along the east bounds of said Lot No. 234, fifty (50) more or less to the southwest corner of a lot conveyed by Sarah L. Carr and husband to Benjamin Ryall; thence easterly along the south bounds of said Ryall's lot to the west bounds of Nelson Street, and thence southerly along the west bounds of Nelson Street fifty- three (53) feet more or less to the place of beginning. Being the same premises conveyed to the parties of the first part by deed dated the 1 V day of December,2015, which Trust acquired title to the premises by a deed from David B. Herman and Denise A. Herman dated December 18,2015 and recorded in the Saratoga County Clerk's Office on the 28t'day of December, 2015 as Instrument Number 2015038552. Also being the same premises conveyed to the parties of the first part by deed dated the 18th day of December, 2015,which Trust acquired title to the premises by a deed from David B. Herman and Denise A. Herman dated December 18, 2015 and recorded in the Saratoga County Clerk's Office on the 201 day of December, 2015 as Instrument Number 2015038556. The premises herein granted unto the parties of the second part, their heirs and assigns forever. AND said party of the first part covenants as follows: FIRST, that the parties of the second part shall quietly enjoy the said premises; SECOND, that said party of the first part shall forever WARRANT the title to said premises; THIRD, That in compliance with Section 13 of the Lien Law, the grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first part has hereunto set her hand and sea[ the day and year first above written.. In Presence of J David B. Herman, Trustee of the David B. Herman Revocable Trust •Y V0 910W �w dk-rk4 Denise A. Herman, Trustee of the Denise A. Herman Revocable Trust tt 6V A 6 �Pftto STATE OF NEW YORK ) `_A S1 COUNTY OF ALBANY ) ss.: "ry On this 7th day of July in the year 2022 before me, the undersigned, a Notary Public it and for sat State, appeared David B. Herman, as Trustee of the David B. Herman Revocable Trust, personally Add known or proved to be on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person on behalf of which the individuals acted, executed the instrument. aotary Public moLU B.FREDER CKS Notary Public,state of New Yank STATE OF NEW YORK ) Qualified in Albany Co ualified in Albany County COUNTY OF ALBANY ss.: Commission Expires Apr.30,20(�1�5( On this 7th day of July in the year 2022 before me,the undersigned,a Notary Public in nd for said State, appeared Denise A. Herman, as Trustee of the Denise A. Herman Revocable Trust, personally known or proved to be on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person on behalf of which the individuals acted, executed the instrument. Notary Public H6LLI B.FRED€RICKS Notary Public,state of New York ` No.O1FR48I2812 Qualified to Albany County Commission Expires Apr.30,20{ 316/23,3:14 PM Printer Friendly Report-Image Mate Online Property Description Report For: 83 Nelson Ave, Municipality of City of Saratoga Springs, Inside Status: Active Roll Section: Taxable `!- Swis: 411501 Tax Map ID #: 179.21-2-20 Property Class: 215 - 1 Fam Res w/Apt Site: RES 1 Wit'' f In Ag. District: No "e Site Property Class: 215 - 1 Fam Res w/Apt * :• Zoning Code: UR2 Neighborhood Code: 15120 Total Acreage/Size: 0.40 School District: Saratoga Springs Land Assessment: 2022 - $137,500 Total Assessment: 2022 - $361,200 Full Market Value: 2022 - $656,727 Equalization Rate: ---- Property Desc: Revocable Trust 2015/38552 C-2 P-3 F- 3 Deed Book., 2015 Deed Page: 38556 Grid East: 686027 Grid North: 1544490 Area Living Area: 2,871 sq. ft. First Story Area: 1,005 sq. ft. Second Story Area: 1,866 sq. ft. Half Story Area: 0 sq. ft. Additional Story Area: 0 sq. ft. 3/4 Story Area: 0 sq. ft. Finished Basement: 0 sq. ft. Number of Stories: 2 Finished Rec Room 0 sq. ft. Finished Area Over 0 sq. ft. Garage Structure Building Style: Old style Bathrooms (Full - Half): 5 - 0 Bedrooms: 6 Kitchens: 1 Fireplaces: 0 Basement Type: Full Porch Type: Porch-open/deck Porch Area: 106.00 Basement Garage Cap: 0 Attached Garage Cap: 1,008.00 sq. ft. Overall Condition: Normal Overall Grade: Average Year Built: 1918 Eff Year Built: 2000 Owners David B Herman Denise A Herman 83 Nelson Ave 85 Nelson Ave Saratoga Springs NY 12866 Saratoga Springs NY 12866 Sales No Sales Information Available https://saratoga.sd gnys.com/report.aspx?file=4115/vol local1T000017/411501179021000202000000000001,J PG&swiscode=411501&pri ntkey=1790210... 112 3/6123,3:14 PM Printer Friendly Report-Image Mate Online Utilities Sewer Type: Comm/public Water Supply: Comm/public Utilities: Gas &elec Heat Type: Hot air Fuel Type: Natural Gas Central Air: Yes Improvements Structure Size Grade Condition Year Gar-2.0 att 42 x 24 Good Good 2013 Porch-open/deck 105.00 sq ft Average Normal 1998 Porch-coverd 120.00 sq ft Average Normal 1918 Porch-open/deck 42.00 sq ft Average Normal 2013 Porch-up opn 5 x 12 Average Normal 2013 Special Districts for 2022 Description Units Percent Type Value SE010-County 0 0% 0 sewer dist #1 Exemptions Year Description Amount Exempt % Start Yr End Yr V Flag H Code Own 0/6 2022 BAS STAR $21,870 0 2014 0 Taxes Year Description Amount 2023 County $3,838,43 2022 County $3,747.59 * Taxes reflect exemptions, but may not include recent changes in assessment. https://saratoga.sdgnys.com/report.aspx?file=4115/vollocal1fi0000l 714 1 1 50 1 1 7902 1 00020200000000000 1.JPG&swiscode=411501&printkey=1790210... 2/2 ,tOt;:t S, City of Saratoga Springs ANTHONY J.IZZO r CITY ATTORNEY'S OFFICE CITY ATTORNEY CITY HALL 1 474 Broadway—Suite 21 ROBIN McF>I EXECUTIVE ASSISTANT Saratoga Springs, New York 12866 R,rE❑ jg h Telephone 518-587-3554, ext.2414 March 3,2023 via ELECTRONIC MAIL ONLY iarusone&carusonelan,.cOrii jreda _,carusonelaw.com John J. Carusone,Jr., Esq. Carusone&Carusone 491 Broadway--P.O. Box 478 Saratoga Springs,NY 12866 RE: FOIL Request- 83 Nelson Avenue Dear Mr. Carusone: In accordance with the provisions of New York State Public Officers Law §87, enclosed please find documents from the Saratoga Springs Building Department that are responsive to your request for Certificates of Occupancy, Certificates of Compliance and Building Permits. The property was constructed in 1918 and the City had no requirements for building permits or the issuance of Certificates of Occupancy at that time. There is also a pending matter for this property before the Zoning Board of Appeals. The application is enclosed for your information. The Code Enforcement Office as advised us that there are not documents responsive to your request for any violations. This completes our fulfillment of your request in accordance with the statutory requirements of the Public Officers Law. Should you feel that you have been unlawfully denied access to records, you may appeal such denial in writing within thirty(30)calendar days. You may direct your appeal to this office. Thank you. Robin McFee FOIL Officer Enc. CERTIFICATE OF COMPLIANCE CITY OF SARATOGA SPRINGS, NEW YORK �RWC7RG4U � Certificate of Compliance No. 20130520 Date Issued: 07/24/2013 Application No. 20130029 Building Permit No. 20130079 Owner DAVID HERMAN Address 83 NELSON AVENUE Tax Map I.D. Number 179.21-2-20 This is to certify that the ADDIALT NO INCREASE IN UNITS named above is in compliance with applicable codes, ordinances and approvals and is ready far occupancy as a: NEW THREE CAR GARAGE ADDITION WITH LIVING SPACE ABOVE Assistant Building Inspector r�l �� - - -- - -----._.._.._.._.._.._.._.. - - -- -------.................................................. r ' G., PLUMBING PERMIT �LUMBING - PERMANENT Permit Number: 20130155 i " i I i i Permission is hereby granted to the below owner or contractor for construction in accordance to application i 20130029 together with plans and specifications hereto filed and approved and in compliance with the provisions of the Codes of City of Saratoga Springs,New York. t r Permit Issue Date: 03/26/2013 Permit Expiration Date: 03/26/2015 LOCATION PERMIT CLASSIFICATION Sect/Block/Lot: 179.21-2-20 Permit Type: P PLUMBING Street: 83 NELSON AVENUE Work Type: 1701 PLUMBING-PERMANENT Zoning District:UR-2 i OWNER CONTRACTOR DAVID B.HERMAN LANCE PLUMBING 85 NELSON AVENUE 363 COUNTY ROAD 68 SARATOGA SPRINGS,NY 12866 SARATOGA SPRINGS,NY 12866 ' 518-584-1233 518-365-5649 i i APPLICANT LANCE PLUMBING 363 COUNTY ROAD 68 SARATOGA SPRINGS,NY 12866. 518-365-5649 Application Date:03/20/2013 Permit Issued By:MC Permit Fee: 70.00 Comments/Conditions: ATTACHED TO BUILDING PERMIT 4 20130079 AssistantlCilding Inspector i i I .............-._..-.............-------------..........................................................................................._.._.._.._.._.._.._.._.--.--------.-.--.--.._..---._.._..-.._.. - - - - 0Gj V1.A 'SAS �~ f CERTIFICATE OF COMPLIANCE R, CITY OF SARATOGA SPRINGS, NEW YORK Certificate of Compliance No. 20130521 Date Issued: 07/24/2013 Application No. 20120770 Building Permit No. 18547 & Permit Ext. No. 20120757 Owner DAVID HERMAN Address 83 NELSON AVENUE � Tax Map I.D. Number 179.21-2-20 This is to certify that the PERMIT EXTENSION-RESIDENTMLnamed above is in compliance with applicable codes, ordinances and approvals and is ready for occupancy as a: 16'X 21.5'SECOND FLOOR ADDITION Assistant Building Inspector L.f! ----------------------------------- --------------------------------------------------------------------_-- ................ ................. ....................... BUILDING PERMIT TO CONSTRUCT PERMIT EXTENSION-RESIDENTIAL Permit Number: 20120757 Date:November 16,2012 Permission is hereby granted to the below owner or contractor for construction in accordance to application 20120770 together with plans and specifications hereto filed and approved and in compliance with the provisions of the Codes of City of Saratoga Springs,New York. Permit Issue Date: 11/16/2012 Permit Expiration Date: 05/16/2013 i LOCATION PERMIT CLASSIFICATION Sect/Block/Lot: 179.21-2-20 Permit Type: B BUILDING Street: 83 NELSON AVENUE Work Type: B006 PERMIT EXTENSION-RESIDENTIAL Zoning District:UR2 OWNER CONTRACTOR DAVID B. HERMAN DAVID B.HERMAN 85 NELSON AVE 85 NELSON AVE SARATOGA SPRINGS,NY 12866 SARATOGA SPRINGS,NY 12866 518-584-1233 518-584-1233 APPLICANT DAVID B.HERMAN 85 NELSON AVE SARATOGA SPRINGS,NY 12866 518-584-1233 Total Value of Work:$12,000 Total Square Feet:344 SF Number of Dwelling Units: I Number of Bedrooms: 3 Application Date: 11/16/2012 Permit Issued By:MC Permit Fee: 50.00 Scope ofWork: 16'X 21.5' SECOND FLOOR ADDITION Comments/Conditions: ATTACHED TO BUILDING PERMIT 9 18547 ISSUED ON 6-2-1999 ATTACHED TO PLUMBING PERMIT 8 18578 ISSUED ON 6-9-1999 Assistant&ui I ding Inspector ...................................... ............................................................................................................................... ........... ........... 'HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED— [FOR OFFICE USE] CITY OF SARATOGA SPRINGS (Application#) - f ZONING BOARD OF APPEALS CITY HALL-474 BROADWAY (Date received) SARATOGA SPRINGS, NEW YORK 12866-2296 TEL: 518-587-3550 X2533 www.saratoga-springs.org (Project Title) APPLICATION FOR: ❑ INTERPRETATION, USE VARIANCE, Check if PH Required AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review APPLICANTS}* OWNER(5)flf not applicant) ATTORNEY/AGENT Name John L. Connolly SD Atelier Architecture, LLC 3060 Peachtree Road, Suite 1545 511 Broadway, 2nd Floor Address Atlanta,GA 30305 $aratoaa Sorinas. NY 12866 _ Phone (404)307-6926 (518) 587-3385 Email JLConnolly9092@a gmail.com sue@sdatelier.com Primary Contact Person: Applicant []Owner 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: 0 Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 179. 21 2 20 1. Property Address/Location: 83 Nelson Avenue Tax Parcel No.: - (far example: 16S.S2—4—37) 2022 2. Date acquired by current owner: 3. Zoning District when purchased: U R-2 4. Present use of property: Two Family Residence S. Current Zoning District: 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? 8. Brief description of proposed action: 9. Is there an active written violation for this parcel? ❑Yes 95 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) ❑VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE(pp. 3-6) ❑AREA VARIANCE (pp.5-7) Revised 01I(121 ZONING BOARD OF APPEALS APPL cAT1oN FORM PAGE 2 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? dyes ❑No 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? 0 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: Rewsed 0 112021 ZONING SoARP of APPEALS APPI IG4 voN FARM 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 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 Improvement Cost 3)Annual maintenance expenses:$ 4)Annual taxes:$ S)Annual income generated from property:$ 6)City assessed value: $ Equalization rate: Estimated Market Value: $ 7)Appraised Value:$ Appraiser: Date: Appraisal Assumptions: Revised 0112021 ZONING BARD OF APPEALS APPL IU Tio v FORM PAGE 4 B. Has property been listed for sale with []Yes If"yes",for how long? the Multiple Listing Service(MLS)? UNo 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? 0Yes ❑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 0112o21 ZONING BoARo oFAPPEAts APPUcAT1oN FORM RAGE 5 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 0112021 ZONING BoARo of APPEAUAPPLlc4 r1oN FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): setback requirements The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements district Requirement Requested Front Yard Setback 10'-0" 7-6"-variance of 2'-6" Total Sideyard Setback 20'-0" 16-variance of 4'-0" 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. There were alternatives that we explored for the design, but this proposed design will have the least impact to the neighborhood and minimize the extent of zoning variances. There is no land to purchase adjacent to the property. 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 front yard variance request will maintain the existing distance the porch has to the property line. Thus, it will not produce an undesirable change to the neighborhood The total side-yard setback is impacted by the existing house which is only 1'away from the north property line. The proposed porch is located on the other(south)side where there is more space. It will meet the minimum side-yard setback since it is 15'-4" at it's closest point, but not comply to the 20'-0"requirement. Revised 0112021 ZQNlNG SoARo oFAPPEALsAPPLIcATloty FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The variance is not substantial as it retains the original front porch location and will not extend any further. The total side-yard setback is due to the existing conditions of the original location of the house on the lot. It is a minor expansion to the existing porch. 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: No,the proposed porch will not have any adverse impact to the neighborhood. It will improve the overall aesthetics of the house and maintain the streetscape. 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 alleged difficulty s self-created because of the client's desire to have an increased porch, however largely due to the existing condition of the house and it's location on the lot.- Revised Cl IMI ZoN/NG BoAw of APPfAtsAPPLtcATIoN 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? JZ 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 /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 01/2021 0({ . , CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS C 49 14aLL - 474 1 &aAway !�. Sc+-t-r�$mja..S�i,+tigy, Nvvr Yow-fc. 12 s 66 Ta. 518-58 7-3550 x21533 wwinr,uzrcvlvga-sTari,ngyarg INSTRUCTIONS APPEAL TO THE ZONING 'BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION RE UIREMENTS 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 dijzital 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". REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT. Check City's website (www.saratoxa-sprinps.or for meeting dates. Revised O P-102 t ZONwG BOARD APPEAL APPLtcATIoN INSTRucnoNs PAGE 7 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 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 forpropeM 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 days 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 0112021 2021 LAND USE BOARD FEE WORKSHEET OPEU Fees Type 2021 Fee Application toZoning8oardofAppeals[i[121 TOTAL #VARIANCE Use Variance - $11C0+Ssu/app Area Variance-Residential $2 75/var+550Japp+5125 each add'l variance Area Variance-Multi-family,Comm,Mixed-Use S66Wvar+$50/app+5 200 each addl variance Interpretations $550+$50/app Post-Work Applicat ion Fee Add 50%App fee+$S0/app Variance extensions - 50%ofAppfee+$50/app Application to Design Review Commission111 t'OlAL #STRUCTURE Demolition 15385 Residr!MW 51ructures Principal $55 Accessory $55 Extension $35 Modification $55 Multi-Family,Comm,Mixed-Use Structures Sketch $165 Principal $550 Extension S200 Modification $330 Multi-Family,Comm,Mixed-Use Accessory,Signs,Awnings Principal $140 Extension 575 Modification $140 Post-WorkAppl,cation Fee Add 50%App fee Appiication to Planning Board III TOTAL 4STR41CTURE Special Use Permit 121 - S990+554/app Special Use Permit-extension $330 Special Use Permit-modification[2[ 5450�$50/app Site Plan Review-incl.PUD: Sketch Plan $A 30 Residential $330+5200/unit Residential-extension 5200 Residential-modification $400 Non-residential $660+$130/1000 sf Non-Residential-extension $300 Non-Residential-modification $650 Subdivision-Intl.PUD: TOTAL #LOTS Sketch Plan S330 Preliminary Approval(2) Residential:1-5 lots $660+$56/app Residential:6-10 lots $990+550/app Residential;11-20lots 51320+$50/app Residential:21+lots $1650.50Iapp Residential-extension $330 Final Approval 121 Residential S 1320+5175/lot+550/app Non-Residential $2000/lot+S50/app Final Approval Modification 129 Residential $330+$SO/app Non-Residential $550+$S0/app Final Approval Extension Residential 5135 Nan-Residential 5330 Other: TOTAL #LOT/ACRE Post Work Application Fee Add 50Y App lee Lot Line Adjustment $350 Letter of Credit-modification or extension 5440 Letter of Credit-collection up to I%ofLoC Recreation Fee $2000/lot orumt Land D'+stu+bance $660+555/acre SECLRA EIS Review(Draft&Final) TBD Legal Noticing if PB requires Public Hearing $501aPp 171 Fees are based on per structure,except where noted. $D 00 TOTAL DUE 121 tegaladrequired;includes City processing and publishing For Adminisrrotfve Use Total Paid at Intake _ Revised Fee Balance Due _[_J_Balance Paid 5taffapproval r ' 6 � Q� Emma q OEM 1 oaSAM � — J PWCiffi11 ItE I I i� I EXISTNG A204TECI LY2AL 5 ITE PLAN ----__ AS—EX LARRY 6 LILLIAN CONNOLLY EXISTING ARCWTECIURAL SITE PLAN ? I NE 0.e-aa�r ;z O 643-11 wow t .+(Yr FPOPM POap. u • PvaF*3rrr,ta:�i ARC4TECTURAL STE PLAN tl;z9-zz As-1 LARRY&ULLIAN CONNOLLY ARCHITECTURAL 54TE PLAN a � �+ a ^•`�••� �" W N tl wb N �OFSi4N Hl •Os bs a••C•saan•i,.ai�on w �l ta4V�: 1 � nh1tHILI0. NOY 79,M, ••u"'K. coHNOUYRfsIQeNce PROPOSED PORCH- 3D VIEWS y_j CONNOLLY RESIDENCE 83 NELSON AVE,SARATOGA SPRINGS *t f r �S t• • �\ "1L. ,, w 85 NELSON AVE. 83 NELSON AVE. r ti wlyr pp 81 NELSON AVE. ia .•, e 81 NELSON + :•' TO SOUTH 85 _ f +sr NELSON + :i' TO NORTH