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HomeMy WebLinkAbout20230412 136 White Variance Extension Application—HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED — CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS CITY HALL - 474 BROAD WAY SARATOGA SPRINGS, NEW YORK 12866-2296 TEL: 518-587-3550 X2533 www. saratoga-springs. org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)" John and Lee Ann Greenslade Name 136 White Street Address Saratoga Springs, New York 12866 (518)584-2706 Phone zairose60@gmail.com Email Primary Contact Person: BApplicant (Date received) (Project Title) Check if PH Required Staff Review OWNER(S) (Ifnotapp/icand ATTORNEY/AGENT I I Owner [-]Attomey/Agent "An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question. Applicants interest in the premises: 0 Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 136 White Street 166 77 1 12 I. Property Address/Location: Saratoga Springs, New York 12866 Tax Parcel No.: (for example: 16551-4-37) 10/2000 UR-3 2. Date acquired by current owner: 3. Zoning District when purchased: Primary Residence UR-3 4. Present use of property: 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? 02/28/2022 For what?front porch extension ) la 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? Front porch extension 8. Brief description of proposed action: 9. Is there an active written violation for this parcel? ❑ Yes Id 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) Q VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) ❑ AREA VARIANCE (pp. 6-7) Revised 0112021 ZONINGBoliw oPAPPEALSAPPUG477mFQRM PAGE2 INTERPRETATION — PLEASE ANSWERTHE 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): 02/28/2022 1. Date original variance was granted: 3. Date original variance expired: 08/28/2023 2. Type of variance granted? ❑ Use 0 Area S. Explain why the extension is necessary. Why wasn't the original timeframe sufficient? The area variance extension is needed due to current high construction costs. 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: No signficant changes have occurred at the site, in the neighborhood or within the circumstances that the original variance was granted. The extension request is solely due to the costs of construction. Revised 01/2021 ZONING BOARD QFAPPEAuAPPUCAT/oN FARM PAGES 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". 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 3) Annual maintenance expenses: $ 4) Annual taxes: $ S) Annual income generated from property: $ Cost b) City assessed value: $ Equalization rate: Estimated Market Value: $ n Appraised Value: $, Appraisal Assumptions: Revised 01/2021 Appraiser: Date: ZONING BOARD oFAPPEALSAPPLICAT/oN FORM PACE 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 O 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 proper 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 OFAPPE4LSAPPuc,477ON FARM PAGES 3. That the variance, if granted, will not alter the essential character of the neighborhood. Changes that will a6r 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: i 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 oFAPPEAuAPPUCATioN 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 0112021 ZONINCBOARD OfAPPEALsAPRU0IT/ON FORM PAGE7 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: 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: Revised 01/2021 ZONING BOARD oFAPPEALSAPPIICAT/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? 0 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 ;fi'6,ciat#d with &s appkation for purposes of conducting any necessary site inspections relating to this appeal. 06/01/2 23 Date: -��✓ 06/0 /2023 Date: signature) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature: Date: Date: Revised 01 /2021 CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS J CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866 518-587-3550 WWW.SARATOGA-5PRINGS.ORG #20211211 IN THE MATTER OF THE APPEAL OF John and Lee Ant Greenslade 136 White Street Saratoga Springs NY 12866 Keith Kaplan, Chair Brad Gallagher, Vice Chair Emily Bergmann Justin Farrington Cheryl Grey Matthew Gutch Gage Simpson John Daley, alternate In the matter of the appeal from the Building Inspector's determination involving a parcel at 136 White Street, in the City of Saratoga Springs, New York, being Tax Parcel 166.77-1-12 on the assessment map of said City. The applicant having applied for area variance under the Zoning Ordinance of said City to permit the expansion of a wraparound porch to the existing porch on their single-family house in the UR-3 District. Public notice has been duly given of a hearing on said application held on the 14" and 28" days of February 2022. In consideration of the balance between benefit to the applicant with detriment to the health, safety, and welfare of the commonit I move that the following area variance for the followin amount of relief: Type of Requirement DISTRICT DIMENSIONAL REQUIREMENT PROPOSED RELIEF REQUESTED Front Setback I loft 3 ft. 7 R./70% As per the submitted plans, be approved as per this Board's consideration of the following factors: 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant is seeking to extend their porch laterally to wrap around the west side of the home. The applicant has noted that there is no additional property to purchase to conform to current zoning regulations. The board notes that the current porch has pre-existing non -conformity in regards to minimum front set back requirements, predating current zoning laws. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in the neighborhood character or detriment to nearby properties. A visual context of the neighborhood was provided, and the applicant noted that the design of the proposed extension will not encroach any further than the existing structure. 3. The Board notes the requested variance is substantial, but the substantiality is mitigated by the factors noted above. 4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. Permeability will meet the district requirement. 5. The alleged difficulty may be considered self-created insofar as the applicant's desire to build an in - an extension to their current porch, but this is not necessarily fatal to the application. It is so moved, February 28, 2022 Adopted by the following vote: AYES: 6 (K. Kaplan, M. Gutch, J. Farrington, E. Bergmann, John Daley, G. Simpson) NAYES: 0 Dated: February 28, 2022 This variance shall expire 18 months following the filing date of such decision unless the necessary building permit has been issued and actual construction begun as per 240-8.5.1. 1 hereby certify the above to be a full, true and correct copy of a resolution duly adopted by the Zoning Board of Appeals of the City of Saratoga Springs on the date above mentioned, seven members of the Board being present. SIGNATURE: 3/02/2022 DATE RECEIVED BY ACCOUNTS DEPT.