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Home My WebLink About20230590 177 S Broadway Demo & Construction Stewart's 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 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 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: been explored (alternative designs, attempts to purchase land, etc.) and why they are not feasible. Proposing a decorative brick wall along the frontage with pedestrian seating where possible to give the feel of new urbanism. This was a request from Planning Board during the sketch plan review . 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: Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION 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?  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. 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 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 1 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. CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS City Hall - 474 Broadway Saratoga Springs, New York 12866 Tel: 518-587-3550 X2533www.saratoga-springs.org Revised 01/2021 ZONING BOARD APPEAL 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. OPED Fees Type Application to Zoning Board of Appeals [1] [2]TOTAL #VARIANCE Use Variance Area Variance - Residential Area Variance - Multi-Family, Comm, Mixed-Use Interpretations Post-Work Application Fee Variance extensions Application to Design Review Commission [1]TOTAL #STRUCTURE Demolition Residential Structures Principal Accessory Extension Modification Multi-Family, Comm, Mixed-Use Structures Sketch Principal Extension Modification Multi-Family, Comm, Mixed-Use Accessory, Signs, Awnings Principal Extension Modification Post-Work Application Fee Application to Planning Board [1]TOTAL #STRUCTURE Special Use Permit [2] Special Use Permit - extension Special Use Permit - modification [2] Site Plan Review - incl. PUD: Sketch Plan Residential Residential - extension Residential - modification Non-residential Non-Residential - extension Non-Residential - modification Subdivision - incl. PUD: TOTAL #LOTS Sketch Plan Preliminary Approval [2] Residential: 1-5 lots Residential: 6-10 lots Residential: 11-20 lots Residential: 21+ lots Residential - extension Final Approval [2] Residential Non- Residential Final Approval Modification [2] Residential Non- Residential Final Approval Extension Residential Non- Residential Other:TOTAL #LOT/ACRE Post-Work Application Fee Lot L ine Adjustment Letter of Credit - m odification o r extension Letter of Credit - c ollection Recreation Fee Land Disturbance SEQRA EIS Review (Draft & Final) Legal Noticing if PB requires Public Hearing 2021 Fee $1100 + $50/app $275/var + $50/app + $125 each add'l variance $660/var + $50/app + $200 each add'l variance $550 +$50/app Add 50% App fee + $50/app 50% of App fee + $50/app $385 $55 $55 $35 $55 $165 $550 $200 $330 $140 $75 $140 Add 50% App fee $990 + $50/app $330 $450 + $50/app $330 $330 + $200/unit $200 $400 $660 + $130/1000 sf $300 $650 $330 $660 + $50/app $990 + $50/app $1320 + $50/app $1650 + 50/app $330 $1320 + $175/lot + $50/app $2000/lot + $50/app $330 + $50/app $550 + $50/app $135 $330 Add 50% App fee $350 $440 up to 1% of LoC $2000/lot or unit $660 + $55/acre TBD $50/app [1]Fees are based on per structure, except where noted. [2]Legal ad required; includes City processing and publishing __________Total Paid at Intake __________Revised Fee __________Balance Due ___/___/___Balance Paid Staff approval _______________ 2021 LAND USE BOARD FEE WORKSHEET For Administrative Use TOTAL DUE 3 1/24/2022