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Home My WebLink About20230497 77 Franklin SF Residence Construction Area Variance Application"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED — [FOR OFFICE USE] Ilk CITY OF SARATOGA SPRINGS �^ ZONING BOARD OF APPEALS CITY HALL - 474 BROADWAY 4. SARATOGA SPRINGS, NEW YORK 12866-2296 z TEL: 518-587-3550 X2533 /TcoRarc,cn �e``' www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* Tim & Corinne Holloway Name 917 McDonald Drive Address Frnrt ,Inhncnn NY 1 207n 518-221-4424 (Tim) Phone F1 R_�AA_7nZZ /r nrinnolO / Email Primary Contact Person: Applicant (Application #) (Project Title) Check if PH Required Staff Review OWNER(S) (lfnotapphCan() ATTORNEY/AGENT 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: ® Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 77 South Franklin Street 165 66 2 66 1. Property Address/Location: Saratoaa Sorinos NY 12866 Tax Parcel No.: 3/10/2023 2. Date acquired by current owner: Vacant Lot 4. Present use of property: ( for example: 165.52 — 4 — .37) UR3 3. Zoning District when purchased: UR3 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? m Yes (when? 412312018 For what? S ngie Family Residence) O 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: Construction of a Single Family Residence with 3 br/2.5 baths and two car garage. 9. Is there an active written violation for this parcel? ❑ Yes 91 No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes JZ 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) la AREA VARIANCE (pp. 6-7) Revised 0112021 ZONING BOARD OFAPP64LSAPPL/C4T/ON FORM PAGE Z 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? []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: 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 ZONING BOARD oFAPPE.4L5APPLIc4TION 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". 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: 5) Annual income generated from property: 6) City assessed value: $ 7) Appraised Value: $ Vacant Appraisal Assumptions: Revised 01/2021 4) Annual taxes: $ Cost Equalization rate: Estimated Market Value: $ Appraiser: ZONING BOARD oFAPPEALSAPPL/CAT/oN 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 OFAPP64LSAPPLIG4TION 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 01 /2021 ZONING BOARD OFAPPE4LSAPPLIC4T1oN FORM PAGE 6 AREA VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): U R-3 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested Permeability 70% 82% Maximum Building Coverage 40% 65% / 76% (wDeck/Porch) Front Setback 10, 2' Rear Setback 25' 11.8' /1.9' (w/Deck) Interior Side 5' 2.46' Corner Side 8' 1.470' (Porch Steps-Rt Side) 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. Design modifications would be welcomed to extent of being able to have adequate size home. Other alternatives have been considered and this appears most 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: This project would be considered a positive change to the neighborhood. Will not not create a detriment as there is not intent to go beyond setbacks nlik . anything approved in the immediate ^re^ In addition any modifications to final design can be made as - to not incur on public services, snow removal, street/sidewalk passage etc... . Revised 01/2021 ZONING BOARD oFAPPE4LSAPPLIc4TION FORM PAGE % 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: Our desire is to obtain approvals for a home that the ZBA finds adequate based on previous approvals of neighboring properties in line with their focus for the area. 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: Will be for single family residential use. 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: Not self-created as lot size falls below current zoning guidelines. Revised 01/2021 ZONING BOARD OFAPPE4LSAPPL1c4T/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? 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 Tim Holloway T l m Holloway -D04 002023.06.20 13 59 24 (applicant signature) Corinne Hollows Digitallysigned byCorinne Holloway Date: 2023.06.21 14:14:13-04'00' (applicant signature) If applicant is not t Owner Signature: Owner Signature: Revised 01 /2021 `$/20/23 Date: $/20/23 Date: :urrent owner must also sign. Date: Date: c�cA .5 CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS z Guty Hall, - 474 f3roa&w" „ Sara,-o a. Srri"k, Ne-w York,1z866 h Tel,: S18-587-35SO X2533 GRPGRAIL �9\ wwta:sa,rafrrya,-y r-i�,.yyo-ry INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE 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/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.saratoga-springs.org) for meeting dates. Revised 01/2021 ZONING BOARDAPPE.4L APPLICATION INSTRUCTIONS PAGE 2 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 for property 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 01 /2021 City of Saratoga Springs OFFICE OF PLANNING AND ECONOMIC DEVELOPMENT FEES - 2023 Comprehensive Plan amendm Zoning Ordinance amendment amendment $1,800 + $300/ac $800 + $300/acre FEE Use Variance $1,400 + $50/app Area Variance - Residential $350/1 sl 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 ADDlication fee + $50/aoo 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 Planning 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/Welland Permit $750 SEORA EIS Review Draft & Final TBD OPED Fees Page 1 of 1