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Home My WebLink About20230299 24 Joseph Area Variance Application"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS �s CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 c� TEL: 518-587-3550 X2533 �RPno. rrc1. www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANTS) OWNER(S) (/fnotapplicant) ATTORNEY/AGENT Thomas Stevens Thomas Stevens Lisa Breen, Builder Name [FOR OFFICE USE] Aaioaa9 (Application #) �I yg 2� rytii ( to r ceived (Project Title) Address 24 Joseph Street Saratoga Springs, NY 12866 Phone 732.910.2142 / Email tstevens0109@gmail.com same Check if PH Required 1-1 Staff Review RA Rrn1e/n PH Stillwater, NY 12170 / 518.232.2437 / Lisa@lisabreen.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 24 Joseph Street 165.82-1-71.1 I . Property Address/Location: Tax Parcel No.: - (for example. /65.52 — 4 — 37) 2. Date acquired by current owner: April, 2021 3. Zoning District when purchased: 4. Present use of property: Single Family Residence S. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? ❑ Yes (when? For what? n/a ITMO MWIA M 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: Application is hereby made for an area variance, new home exceeds 30% maximum lot coverage allowance. Lot coverage of new home is 31.06%, 1.06% over the allowed coverage area. 9. Is there an active written violation for this parcel? ❑ Yes QM0 10. Has the work, use or occupancy to which this appeal relates already begun? XWles nNo 11. Identify the type of appeal you are requesting (check a// that apply): ❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) LMEA VARIANCE (pp. 6-7) Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATIoN FORM 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? n/a 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: n/a 2. Type of variance granted? ❑ Use ❑ Area 3. Date original variance expired: n/a PAGEZ 5. Explain why the extension is necessary. Why wasn't the original timeframe sufficient? n/a 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: Ma Revised 01/2021 ZONING BOARD OFAPPEALSAPPL/CATION FORM USE VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): A use variance is requested to permit the following: n/a PAGE. 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): 1) Date of purchase: n/a Purchase amount: 2) Indicate dates and costs of any improvements made to property after purchase: Date Improvement n/a 3) Annual maintenance expenses: $ n/a 5) Annual income generated from property: $ n/a 6) City assessed value: $ 7) Appraised Value: n/a 4) Annual taxes: $ Cost Equalization rate: Estimated Market Value: $ n/a Appraiser: Date: Appraisal Assumptions: n/a Revised 01/2021 ZONING BOARD OFAPPEALSAPPLIcAT/ON FORM PAGE i B. Has property been listed for sale with 0Yes If "yes", for how long? n/a the Multiple Listing Service (MLS)? UNo 1) Original listing date(s): n/a Original listing price: $ If listing price was reduced, describe when and to what extent: n/a 2) Has the property been advertised in the newspapers or other publications? OYes ❑No If yes, describe frequency and name of publications: n/a 3) Has the property had a "For Sale" sign posted on it? ClYes O No If yes, list dates when sign was posted: n/a 4) How many times has the property been shown and with what results? n/a 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: n/a Revised 01/2021 ZONING BOARD OFAPPEAIsAPPL/CATION 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: n/a 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 ZONING BOARD OFAPPE4LSAPPLIc4TIO1vFORM 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 Lot coverage Other: 30% maximum lot coverage District Requirement 30% Requested 31.06% 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. House already constructed and complete. maximum lot coverage exceeding 30% discovered during final survey. Maximum lot coverage exceeding by roof overhang and gutter installation. 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: No impact to surrounding residential homes. soffit overhangs on engineered roof trusses were mistakenly made standard 12" depth and not revised to 10" depth as designed by architect This mistake was not caught until final survey, making it not feasible to correct the overage violation Revised 01/2021 ZONING BOARD oFAPPEALSAPPLIc4 r1oN FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: marginal overage of lot coverage of 1.06% 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: soffit eaves extend approximately 2" into the coverage area, does not visually impact neighboring properties 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: Truss manufacturer mis-read drawings and made roof overhangs 2" longer than shown on architect drawings Revised 01/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM DISCLOSURE PAGE 8 Does any City officer, employee, or family member thereof have a financial interest (as defined by General Municipal Law Section 809) in this application?XEDNo ❑ 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 ereby authorize the members of the Zoning Board of Appeals and designated City staff to enter the property associated th is ap�lic fo ureoses of conducting any necessary site inspections relating to this appeal. Date: 3/12/23 (applicant signature) Date: (applicant signature) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature: Revised 01/2021 Date: 3/12/23 CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS C fg Hail, - 474 Broadway r�>` . Sara aga S�riv�gy, New-YorkI22866 `gay Te . 518-587-3550 X2.533 NcORPoRaTtn www scu a'jo9a'-st� a �9y�'g INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/ORVARIANCE 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/perm its—ei—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 ()Lnww.saratoga-springs.org) for meeting dates. Revised 01/2021 ZONING BOARD APPEAL APPLICATION /NST ucwNS PUBLIC HEARING ADVERTISEMENT PAGE 2 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 propeM 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 dates 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 01/2021 City of Saratoga Springs OFFICE OF PLANNING AND ECONOMIC DEVELOPMENT FEES - 2023 Zoning Ordinance amendment $800 + $300/acre Application to Zoning Board of Appeals Use Variance $1.400 + $50/app Area Variance - Residential $350/1st var +$50/app +$150/ea add variance Area Variance - Non-residential $1000/1st var + $50/app+ $200/ ea add variance Interpretations $650 + $50/app Post Work Application Fee Application Fee x 2 + $50/app Variance extensions 50% of Application fee + $50/app Application to Design Review Commission Demolition $500 Residential Structures Principal $70 Accessory $70 Extension $35 Modification $55 Multi -Family, Comm, Mixed -Use Structures Sketch $200 Principal $650 Extension $250 Modification $400 Multi -Family, Comm, Mixed -Use Accessory, Signs, Awnings Principal $150 Extension $100 Modification $150 Post Work Application Fee Application Fee x 2 Application to Pla ning Board Special Use Permit $1200 + $50/app Temporary Use Permit $500 Special Use Permit - extension $400 Special Use Permit - modification $550 + $50/app Site Plan Review - incl. PUD: Sketch Plan $400 per sketch Site Plan Full Residential $400 + $250/unit Non-residential $800 + $150/1000 sf Administrative SPR Residential $400 Non-residential $800 Extension Residential $250 Non-residential $350 Subdivision - incl. PUD: Sketch Plan $400 per sketch Preliminary Approval Residential: 1-5 lots $700 + $50/app Residential: 6-10 lots $1100 + $50/app Residential: 11-20 lots $1450 + $50/app Residential: 21+ lots $1800 + $50/app Residential - extension $350 Final Approval Residential $1,550 + $200/lot + $50/app Non- Residential $2,400/lot + $50/app Final Approval Modification Residential $400 + $50/app Non- Residential $800 + $50/app Final Approval Extension Residential $250 Non- Residential $350 Other: Lot Line Adjustment/Subdivision Administrative Actioi $400 Letter of Credit - modification or extension $400 Letter of Credit - collection up to 1 % of LoC Recreation Fee $2000/lot or unit Land Disturbance $750 + $35/acre Watercourse/Wetland Permit $750 SEQRA EIS Review Draft & Final TBD OPED Fees Page 1 of 1