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HomeMy WebLinkAbout20230808 86 Ludlow Subdivision 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 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: 1 Last Revised 9/19/2023 Project Narrative and Responses to Question 1-5 of Application The property at 86A & 86B Ludlow Street is roughly a quarter acre lot (10,899 square feet) located roughly 220 feet north of the intersection of Ludlow Street and Caroline Street. The property is owned by Applicant, David Norton, who acquired title in 2014. Situate on the property are the following: 1. A two-story residence fronting on Ludlow Street and located toward the northerly boundary of the property (“Northerly Residence”). 2. A second two-story residence located to the rear of the first residence and situate on the southerly side of the lot (“Southerly Residence”). 3. A two-bay garage and pergola located to the rear of the property roughly 1’ from the northerly property line and roughly 22’ from the easterly property line. The Northerly Residence is occupied by a family who are tenants of the property owner who occupies the Southerly Residence. The garage is primarily used by the Applicant. According to records of the Assessment Office, both the Northerly Residence and the Southerly Residence were constructed in 1875 with the Northerly Residence consisting of a living area of 2,108 square feet and the Southerly Residence having a living area of 1,318 square feet (Exhibit 1). Our research cannot confirm the existence of the residences in 1875. Indeed, the Sanborn Map of 1895 depicts only the Northerly Residence. Other historical records, attached hereto (Exhibit 2), confirm occupancy of both the Northerly Residence and the Southerly Residence as early as 1932. The sole reason for the application is to secure variances sufficient to accommodate a subdivision approval of the property resulting in two single-family structures (one for each of the two lots to be created following subdivision approval) so as to allow the sale of one of the residences to a third party. Importantly, this application does not contemplate any physical change to either residence as depicted on the attached subdivision plan (Exhibit 3). 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 Last Revised 9/19/2023 Response: Given the size of the lot, there are no other feasible lot configurations that could achieve client’s objectives of dividing the property into two lots while maintaining a single-family home on each lot. 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: Response: There will be no physical change in the structures on the lot as a result of the variance and subsequent subdivision. As such, there will be virtually no change in the character of the neighborhood since the two houses will continue as separate, independent living units. 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: Response: The variances for Lot 1 (the Northerly Residence) are not substantial as they do not impact – in any significant way - the current and long-standing configuration of the structures on the lot. Those structures have operated as independent, single-family homes since their construction on or after 1875, but no later than 1932. Both structures have existed as pre-existing, continuous, nonconforming uses since the adoption of the modern zoning ordinance on July 7, 1961. The grant of the variances sought in this application will have virtually no impact on either the uses or the structures themselves. 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: Response: There is virtually no impact on the neighborhood because the two houses will continue to act as independent, single-family residential structures whether or not a subsequent subdivision action is approved. Should the Zoning Board grant the relief requested, there will be no change to either of the residential structures on the lot and each of the two houses will remain without modification. 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: Response: The difficulty is not self-created. The structures were erected at a point in time between 1875 and 1932 and they have served as independent, single-family homes throughout that period of time and retain their status as pre-existing, nonconforming uses. While two-family residences are permitted in this UR-3 zoning district, two independent 3 Last Revised 9/19/2023 single-family homes are not permitted. The grant of the variances will allow the applicant to proceed to the Planning Board for subdivision approval so that each single- family home will be situate on its own lot, consistent with the UR-3 permitted uses for that zoning district. Schedule A Required Variance Lot 1 Bulk Requirement Relief Minimum Lot Area 6,600 sf 3,758 sf Minimum Lot Width 60’ 30.1’ Maximum Building Coverage 40 % 13.6 % Maximum Impervious Coverage 70 % 2.8 % Minimum Interior side Yard Setback 5’ 0’ Minimum Total Side Yard Setback 12’ 5’ Minimum Rear Setback 25’ 18.6’ Lot 2 Minimum Lot Width 60’ 21’ Minimum Front Yard Setback 10’ 3’ Minimum Interior Side Yard Setback 5’ 4’ Minimum Interior side Yard Setback 7’ 5.7’ Minimum Total Interior Side Yard Setback 12’ 9.7’ Minimum Rear Setback 25’ 5.6’ Exhibit 1 9/19/23, 3:46 PM Printer Friendly Report - Image Mate Online https://saratoga.sdgnys.com/report.aspx?file=4115/vollocal\T000013/411501166053000203200000000001.JPG&swiscode=411501&printkey=166053…1/2 David M Norton 86A Ludlow St Saratoga Springs NY 12866 Property Description Report For: 86A & 86B Ludlow St, Municipality of City of Saratoga Springs, Inside Status:Active Roll Section:Taxable Swis:411501 Tax Map ID #:166.53-2-32 Property Class:280 - Res Multiple Site:RES 1 In Ag. District:No Site Property Class:210 - 1 Family Res Zoning Code:UR3 Neighborhood Code:15130 Total Acreage/Size:0.24 School District:Saratoga Springs Land Assessment:2023 - $111,000 Total Assessment:2023 - $306,700 Full Market Value:2023 - $589,808 Equalization Rate: ----Property Desc:S-12 B-B L-40 Inside Deed Book:2017 Deed Page:33076 Grid East:686087 Grid North:1548503 Area Living Area:2,108 sq. ft.First Story Area:1,054 sq. ft. Second Story Area:1,054 sq. ft.Half Story Area:0 sq. ft. Additional Story Area:0 sq. ft.3/4 Story Area:0 sq. ft. Finished Basement:0 sq. ft.Number of Stories:2 Finished Rec Room 0 sq. ft.Finished Area Over Garage 0 sq. ft. Structure Building Style:Old style Bathrooms (Full - Half):1 - 0 Bedrooms:4 Kitchens:1 Fireplaces:0 Basement Type:Partial Porch Type:Porch-coverd Porch Area:138.00 Basement Garage Cap:0 Attached Garage Cap:0.00 sq. ft. Overall Condition:Normal Overall Grade:Average Year Built:1875 Eff Year Built: Owners 9/19/23, 3:46 PM Printer Friendly Report - Image Mate Online https://saratoga.sdgnys.com/report.aspx?file=4115/vollocal\T000013/411501166053000203200000000001.JPG&swiscode=411501&printkey=166053…2/2 Improvements Structure Size Grade Condition Year Porch-coverd 6 × 23 Average Normal 1875 Porch-enclsd 6 × 12 Average Normal 1875 Porch-enclsd 11 × 17 Average Normal 1960 Porch-up enc 11 × 17 Average Normal 1960 Porch-coverd 4 x 5 Average Normal 1875 Gar-1.0 det 28 x 24 Average Normal 1976 Land Types Type Size Primary 0.23 acres Special Districts for 2023 Description Units Percent Type Value SE010-County sewer dist #1 0 0%0 Taxes Year Description Amount 2023 County $4,421.84 2022 County $3,797.21 * Taxes reflect exemptions, but may not include recent changes in assessment. 9/19/23, 3:46 PM Printer Friendly Report - Image Mate Online https://saratoga.sdgnys.com/report.aspx?file=4115/vollocal\T000013/411501166053000203200000000001.JPG&swiscode=411501&printkey=166053…1/2 David M Norton 86A Ludlow St Saratoga Springs NY 12866 Property Description Report For: 86A & 86B Ludlow St, Municipality of City of Saratoga Springs, Inside Status:Active Roll Section:Taxable Swis:411501 Tax Map ID #:166.53-2-32 Property Class:280 - Res Multiple Site:RES 2 In Ag. District:No Site Property Class:210 - 1 Family Res Zoning Code:UR3 Neighborhood Code:15130 Total Acreage/Size:0.24 School District:Saratoga Springs Land Assessment:2023 - $111,000 Total Assessment:2023 - $306,700 Full Market Value:2023 - $589,808 Equalization Rate: ----Property Desc:S-12 B-B L-40 Inside Deed Book:2017 Deed Page:33076 Grid East:686087 Grid North:1548503 Area Living Area:1,318 sq. ft.First Story Area:858 sq. ft. Second Story Area:308 sq. ft.Half Story Area:152 sq. ft. Additional Story Area:0 sq. ft.3/4 Story Area:0 sq. ft. Finished Basement:0 sq. ft.Number of Stories:2 Finished Rec Room 0 sq. ft.Finished Area Over Garage 0 sq. ft. Structure Building Style:Old style Bathrooms (Full - Half):1 - 0 Bedrooms:2 Kitchens:1 Fireplaces:0 Basement Type:Partial Porch Type:Porch-enclsd Porch Area:60.00 Basement Garage Cap:0 Attached Garage Cap:0.00 sq. ft. Overall Condition:Normal Overall Grade:Average Year Built:1875 Eff Year Built: Owners 9/19/23, 3:46 PM Printer Friendly Report - Image Mate Online https://saratoga.sdgnys.com/report.aspx?file=4115/vollocal\T000013/411501166053000203200000000001.JPG&swiscode=411501&printkey=166053…2/2 Improvements Structure Size Grade Condition Year Porch-enclsd 5 × 12 Average Normal 1875 Porch-enclsd 7 × 13 Average Normal 1875 Land Types Type Size Leased Land 0.01 acres Special Districts for 2023 Description Units Percent Type Value SE010-County sewer dist #1 0 0%0 Taxes Year Description Amount 2023 County $4,421.84 2022 County $3,797.21 * Taxes reflect exemptions, but may not include recent changes in assessment. Exhibit 2 Exhibit 3