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HomeMy WebLinkAbout20230383 Cardona's Area Variance ApplicationRevised 01/2021 APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT Name Address Phone / / / Email *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 1.Property Address/Location: Tax Parcel No.: ________.______ - ______ - ______ (for example: 165.52 – 4 – 37 ) 2. Date acquired by current owner:3.Zoning District when purchased: 4. Present use of property:5.Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? Yes (when? For what? ) 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: Yes No Yes No 9.Is there an active written violation for this parcel? 10.Has the work, use or occupancy to which this appeal relates already begun? 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. 6-7) Applicant Owner Attorney/AgentPrimary Contact Person: **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** [FOR OFFICE USE] _______________ (Application #) ____________ (Date received) __________________________ (Project Title) Check if PH Required Staff Review _______________ CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 TEL: 518-587-3550 X2533 www.saratoga-springs.org Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION 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: 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?  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 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: ____________________ 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: Appraisal Assumptions: Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION FORM 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”. 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: $ 6) City assessed value: $ Equalization rate: Estimated Market Value: $ 7) Appraised Value: $ Appraiser: Date: Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION 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 OF APPEALS APPLICATION FORM PAGE 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 01/2021 ZONING BOARD OF APPEALS APPLICATION FORM 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 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. 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: Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7 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: 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: BENSONHURSTAVENUEWASHINGTON STREETBIRCH STREET1718192015161112131423451678910WALK INCOOLERBUILDINGEXPANSION(1,470 SF±)PROPOSEDPLANTER BED9'9'9'TYP.18' TYP.22'29'5'R5'MATCH WITHEXISTING CURBFLUSHASPHALTPAVEMENT5L-4.0HEAVY DUTY CONCRETEPAVEMENT (DUMPSTERPAD ONLY)6L-4.0ASPHALTPAVEMENT5L-4.014.5'MATCH WITHEXISTING CURBFLUSHMATCH WITHEXISTING CURBFLUSHTRANSITION CURB9L-4.0DUMPSTERENCLOSURE5L-4.1FRONTSETBACK 12'R85'R95'3'3'PAVEMENT KEY,TYP.10L-4.0PAVEMENT KEY10L-4.0PAVEMENT KEY,TYP.10L-4.0PAVEMENT KEY,TYP.10L-4.0CONCRETEPANEL6L-4.06" CONCRETE CURB8L-4.06" CONCRETE CURB8L-4.0"NO PARKING" SIGN11L-4.0REAR SETBACK 24'SIDE SETBACK 12'STANDARD DUTYCONCRETE PAVEMENT6L-4.0135.4°'43.6'PAVEMENT KEY,TYP.10L-4.0TRANSITION CURB9L-4.0R150'5', TYP.32.2'28'45.3'19'6'RESET EXISTINGHANDICAP SIGNAGEACCESSIBLEPARKING LAYOUT1L-4.1EXISTING CONCRETEPAD TO REMAINR5'EXISTINGBUILDINGEXISTING DECORATIVESTREET LIGHTEXISTINGDECORATIVESTREET LIGHT"NO PARKING" SIGN11L-4.0DETECTABLEWARNING STRIP8L-4.1PROPOSED EASEMENTTO CARDONA'SSARATOGA, LLCPROPOSED EASEMENTTO THE CITY OFSARATOGA SPRINGS6' WOODPRIVACY FENCE9L-4.1"EMPLOYEEPARKING ONLY"SIGN (3)11L-4.0"EMPLOYEEPARKING ONLY"SIGN (3)11L-4.0EXISTING SIGNEXISTING FLAGPOLE165.65-1-4165.65-1-5165.65-1-9165.65-1-10 165.65-1-14.1165.65-1-14.2165.65-1-16165. 6 5 - 1 - 1 7 165. 6 5 - 2 - 4 8 165.65-2-49 165.65-3-7165.65-3-8165.65-2-40165.65-2-43.11165.65-2-43.13165.65-3-12.1165.65-3-12.2165.65-3-13165.65-3-21165.65-2-19 165.65-2-6 165.65-2-7 165.65-2-8 165.65-2-9 165.65-2-17 165.65-2-18 165.57-2-35165.65-2-37 165.65-2-39 165.65-2-35165.65-3-10.1165.65-3-11.1165.65-2-47165.65-2-20 165.65-2-21165.65-2-22 165.65-2-23 165.65-2-24 165.65-2-25165.65-2-26165.65-2-1165.65-2-2165.65-2-3.1165.65-2-3.21165.65-2-3.22165.65-2-4165.65-2-5WASHINGTON STREETNEWTON AVENUE BENSONHURST AVENUE BIRCH STREET WASHINGTON STREETGRAND AVENUEFOY LANE165.65-2-3.1© the LA Group 2017Unauthorized alteration or addition to thisdocument is a violation of Section 7209 of theNew York State Education Law.Cardona's Saratoga LLC222 Washington StreetSaratoga Springs, NY 12866Save Date: 5/30/2023 9:35 AMFile Name: G:\Proj-2022\2022049_Cardonas_Market_Saratoga_Springs\2022049CAD\L-2.0 Layout Plan.dwgPlotted By:KARA TEDFORD Cardona's Market222 Washington StreetSaratoga Springs, NY 12866Project Title:Prepared for:Drawing TitleDrawing No.Rev:Description:Date:Project No.:Design:Drawn:Date:Scale:Ch'k'd:2022049KLTCPADRC9/28/2022LayoutPlanL-2.01"=20'1CITY COMMENT5/1/20231.ALL LINE AND GRADE INFORMATION SHALL BE LAID OUT BY A NEWYORK STATE REGISTERED SURVEYOR ENGAGED BY THECONTRACTOR.2.ALL NEW WORK SHALL BE STAKED OUT PRIOR TO CONSTRUCTION.THE OWNER'S REPRESENTATIVE SHALL BE NOTIFIED OF ANYDISCREPANCIES. FIELD ADJUSTMENTS MUST BE APPROVED BY THEOWNER'S REPRESENTATIVE PRIOR TO CONSTRUCTION.3.ALL LINES AND DIMENSIONS ARE PARALLEL OR PERPENDICULAR TOTHE LINES FROM WHICH THEY ARE MEASURED UNLESS OTHERWISENOTED.4.DIMENSIONS TO CURBS ARE FROM FACE OR BOTTOM OF CURB TOFACE OR BOTTOM OF CURB.5.FIELD ADJUSTMENTS MUST BE APPROVED BY THE OWNER'SREPRESENTATIVE AND IF NECESSARY APPROPRIATE MUNICIPALOFFICIALS.6.ALL LAYOUTS FOR WALKS AND PATHS SHALL BE ADEQUATELY STAKEDBY THE CONTRACTOR AND APPROVED BY THE OWNER'SREPRESENTATIVE PRIOR TO CONSTRUCTION.7.ALL PROPOSED WALKS, PAVEMENTS, LIGHTS AND SITEIMPROVEMENTS SHALL BE STAKED IN THE FIELD FOR APPROVAL BYTHE OWNER'S REPRESENTATIVE PRIOR TO CONSTRUCTION.8.CONTRACTOR SHALL COORDINATE LOCATION OF ALL UTILITIES (LINES,DUCTS, CONDUITS, SLEEVES, FOOTINGS, ETC.) WITH LOCATIONS OFPROPOSED LANDSCAPE ELEMENTS (WALLS, FENCE, FOOTINGS, TREEROOTBALLS, PROPOSED LIGHTING FOOTINGS, ETC.). CONTRACTORSHALL REPORT ANY DISCREPANCIES TO OWNER'S REPRESENTATIVEPRIOR TO CONTINUING WORK.9.ALL EXISTING UTILITIES ARE SHOWN IN THEIR RELATIVE POSITION.CONTRACTOR IS RESPONSIBLE FOR VERIFYING THE VERTICAL &HORIZONTAL POSITION OF EXISTING UTILITIES PRIOR TOCONSTRUCTION.10.THE LOCATION OF ALL EXISTING TREES SHOWN AND IDENTIFIED SHALLBE FIELD VERIFIED PRIOR TO CONSTRUCTION AND ANYDISCREPANCIES REPORTED TO OWNER'S REPRESENTATIVE.LAYOUT NOTES:105101520200Scale: 1" = 20'Planning Board # 22.0934LEGENDPROPERTY LINENEW CONCRETENEW ASPHALT PAVEMENTPROPERTY SETBACK01001005020406080Scale: 1" = 100'LIMIT OF DISTURBANCE (0.2 ACRES)EXPANSION JOINTCONTROL JOINTTOPSOIL AND SEEDEXISTING TREELINEPROPOSED TREELINEEXISTING TREES (GREATER THAN 3" DBH)SEE NOTE 10EXISTING TREES (LESS THAN 3" DBH)PROPOSED TREESPROPOSED SHRUBSPROPOSED LIGHTINGEXISTING LIGHTING