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HomeMy WebLinkAbout20240179 Cherry St. Single Family Construction Application**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** irun urriw uxi CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 TEL: 518-587-3550 X2533 www.saratoge-spiings.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/ORVARIANCE EXTENSION APPLICANT(S)* OWNER�/InotMpl%cant) David F. DeVall and Richard F. DeVall Name 254 Church Street Address Saratoga Springs, NY 12866 (Application #) (Date received) (Project Title) Check if PH Required Staff Review ATTORNEY/AGENT John J. Carusone, Esq 491 Broadway Saratoga Springs, NY 12866 Phone (518) 450-4014 (518) 584-3240 / ddeva113@nycap.rr.com jcarsuone@carusonelaw.com Email richdeva1158@gmail.com Primary Contact Person: Applicant 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: 0 Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION Cherry Street vacant lot 168.59 -1 -54 -2 1. Property Address/Location: Corner of Cherry and Marvin Alley Tax Parcel No.: (for example. 165.52 — 4 — 37) November 22, 1994 UR 4 2. Date acquired by current owner: _ Vacant Lot 4. Present use of property: 3. Zoning District when purchased: T6 S. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? April 11, 2018 For what? Area variances for ) 0 No pro�bulfding on t 7. Is property located within (check all that apply)?: 0 Historic District 0 Architectural Review District ❑ 500' of a State Park, city boundary, or county/state highway? Please see Attachment "A" 8. Brief description of proposed action: 9. Is there an active written violation for this parcel? ❑ Yes 19 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) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 12 AREA VARIANCE (pp. 6-7) Revised 0112021 ZONING BOARD OFAPPE4LSAPPL1cA 7/ON FORM PAGES INTERPRETATION— PLEASE ANSWERTHE 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: 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: Revised 01/2021 ZON/NGBOARD oFAPPEALsAPPUCAT/ON FORM 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 Cost 3) Annual maintenance expenses: 5) Annual income generated from property: 4) Annual taxes: b) City assessed value: $ Equalization rate: Estimated Market Value: $ 7) Appraised Value: $ Appraiser: Appraisal Revised O1/2021 ZON/NG BOARD oFAPPE4LSAPPL/c4T/ONFdRN PAGE 1 Ir7 B. Has property been listed for sale with ❑Yes If "yes", for how long? the Multiple Listing Service (MLS)? [[]No I) 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? QYes ❑ No If yes, list dates when sign was posted: 4) How many times has the property been shown and with what results? 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 O1/2021 ZONING BOARD OFAPPEALSAPPL/CATtoN FORN 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 cFAPPEAISAPPL/GT/oN FORM AREA VARIANCE— PLEASE ANSWER THE FOLLOWING (add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Article 2.0, Table 3 PAGE 6 T"EMPAQUMM@INIT Dam fffi l4 f LN PA�iF�"dT P FG ffi�Cn R,ELM, OWNM' ' fiA'FtlwniiPNPIrGMPill IGCON OM E. 25% & �' �"11MINitJalcai ir�r '" �p/��?!y��i'�y��O�f^7�F,8�ni ��WORM Y.[ �9'll4]1F'4MJrA �%- rlHlA�`RUM SFJ�Wf1M? P.11q WN' ".1XIMUM Air 18)PIO M P111u1Mt5�f:Ei� 1t1SR gQRgs� ':6F'Mk�1+36, t�Ti]ki till R iCiaAt Sb E 313Y r1w To grant an areavariance, 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: I. Whether the benefit sought by the applicant can be achieved by other feasible means, Identify what alternatives tothe variance have been explored (alternative designs, attempts to purchase land, etc.) and why they are not feasible. Any other positioning of the proposed residence would be esthetically unpleasing and wasteful of the existing green space. There is no additional land available which would alleviate the hardship. 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: It would not cause an undesireable change or detriment, particularly in light of the new development on Franklin Street opposite e suriject, ana tne new development to Me rear o e 13 i IbTe—crKnownf-a—sffelilswo111 pro ad., Iffe-ft—niffr—U00-6 o e residence would create a desireable buffer between the character of Franklin Street and the character of Ellsworth. The new Revised 12/2015 ZONING BOARD OFAPPEALS APPL/cATIDN FORN PAGE? 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The request is for the minimum amount of relief necessary to construct the residence in and aesthetic and responsible manner. 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: Construction of this residence has no known adverse effect on the neighborhood, the District, or the site itself. 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: Although the difficulty is self-created it is not fatal to the application. Revised 01/2021 PAGz8 ZONINGBoARD oFAPPFAIsAPP4tG177oNPoRM 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? ONo. []Yes If"yes",a statement disclosing the name, residence and nature and extent of this interest must be fled with this application. APPLICANT CERTIFICATION I/we, the property owner(s), or purchasers)/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. Uwe further understand that intentionally prodding false or misleading Information is grounds for Immediate denial of this application. Furthermore, Uwe hereby authorize the members of the Zoning Board of Appeals and designated City staff to enter the property associated with this application for pu rpos of conducting any necessary site inspections relating to this appeal. 1.✓'�f=�Ciw Date: (app, Iicant signature) Date; � ( (applicant 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 ATTACHMENT "A" 8. Brief description of proposed action: ZBA granted area variances for construction of a single-family home by Decision 9/14/2020. A copy is attached. The Approval recited it would expire pursuant to Ordinance 240-8.5.1 If construction was not started in 18 months, or if the Approval was not "... otherwise implemented". Subsequently, Applicants obtained subdivision approval based on a Site Plan implementing the granted variances. That Map was filed with the County on 1/5/22, which is within 18 months. Applicants believed they duly implemented the Approval. There has been no change to the Site Plan, the surrounding neighborhood or the conditions and circumstances under which the variances were granted. Applicants request the re -granting of the same variances. Certain purchasers have contracted with Witt Construction to build a home pursuant to the Site Plan. That Contract cannot go forward without re - granting the relief. CITY OF SARATOGA SPRINGS ZONING BOARDOF APPEALS CITY HALL - 4747BROADwAY SARAToGA SPRIN(;S, NEW YORK [2866 PH) 5I8-587-3550 Fx) 518-580-9480 - W W WAARATOGA-SPRINGKORG. #20180332, RESOLUTioN 2 IN THE MATTER OFTHEAPPEAL OF RICHARD F. DEVALL AND DAYID F. DEVALL 59 FRANKLIN ST. SARATOGA SPRINGS W 12866' Keith Kaplan, Chair Brad Gallagher, We Chair Terrance Galiogly Cheryl Grey Matthew Gutch Christopher Mills: Gage Simpson Kathleen O'Connor,. alternate from the determination of the Building Inspector involving the premises at I I Cherry St/59 Franklin St Lot 2 in the City of Saratoga Springs, New York being a subdivided new parcel; •formerly a component of parcel number 168.59-1-54, in an Urban Residential-4 district on the Assessment Map of said City. The appellants having applied for an area variance under the Zoning Ordinance of said City to permit the construction of a one -family residence and public notice having been duly given of a hearing on said application held on the 6th day of July through the 14th day of September 2020. In consideration of the balance between benefit to the applicants with detriment to the health, safety and welfare of the community, I move that the following area variances for the following amounts of relief: TYPE OF REQUIREMENT DISTRICT DIMENSIONAL REQUIREMENT' PROPOSED- RELIEF REQUESTED MAXIMUM PRINCIPAL BUILDING COVERAGE. 25% '26% 196 OR 4% MINIMUM SETBACK- FRONT 25' 5' 20' OR 80% MINIMUM SETBACK- SIDE WEST :20' 12. V 7.9' OR 39.5% 'MINIMUM SETBACK SIDE EAST 20' W 6' OR 30% MINIMUM SETBACK -TOTAL SIDE 45` 26.11 18.9'OR42% MINIMUM FIRST' FLOOR AREA 1800 SF I080 SF' 720 SF OR 40%: MINIMUMSETBACK- PRINCIPAL TO ACCESSORY 10, 5.5' 4.5'OR45% As per the submitted plans or lesser dimensions, be approved for the following reasons: The applicants have demonstrated this benefit cannot be achieved by other means feasible to the applicants. The Board notes the subject lot was created as a subdivision of a parcel where the existing building on the portion of the parcel now designated as Lot. I, has been in place for many years. The Board further notes the shape, and not the area of this parcel is what limits the placement and first floor size of the home, and triggers the need for the variances in this case. The Board' notes the lot area is adequate fora dwelling unit under URA requirements (3,000 square feet per dwelling unit). The Board further notes the applicants were able to provide documentation to support the historic dimensions and shape of Lot 2. Even if a configuration could be made to expand Lot 2 to the east and thereby reduce Lot I, it would still have required front and side setbacks while precluding parking on Lot I and triggering more variances on that lot. 2. The applicants have demonstrated that granting these variances will not create an undesirable change in neighborhood character or detriment to nearby properties. The applicants note the consistency in density and setbacks with the townhome community immediately to the west as well as with the other homes on Franklin St., plus consistency with the historic dimensions of the lot, support the reasonableness of the applicants' request for relief In terms of neighborhood character and context. 3, The Board notes the requested setback and first floor area variances are substantial, however the impact of the substantiality is mitigated by the combination of neighborhood context cited above. The Board notes the principal building coverage variance request is not substantial, 4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. The application shows greater than required 15% permeability. S. The alleged difficulty is self-created insofar as the applicants' desire to construct the proposed residence, but this is not necessarily fatal to the application. Note: City PlanningBoard favorable advisory opinion provide February 14, 2020. • DRCfavorable advisory opinion provided' November 6, 2019. Adopted' by the following vote: AYES: 5 (K. Kaplan, G. Simpson, C. Mills, C. Grey, T. Gallogly) NAPES: 0 Dated: September 14, 2020 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. 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, five members of the Board being present. ^SIGNATURE: / �9/21/2020 CF AIR `_ DATE RECEIVED' BY ACCOUNTS DEPT. 115;j � 0 § ( ) � tr�— _ e , )] . /� ;; ) \. /(\ . \ \ \y ){ PORCH SIX §) §! .\))(! o (§ §\\ ) ; )) ) ) a ! ©22« «�.�,�.� FRANm(STRET (�)�FODPOBEDSUB " ~ . � R \mNARCHITECT ) Short Environmental Assessment Form Part I - Project Information Instructions for Comoletin¢ Part 1— Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information Name of Action or Project: 59 Franklin Street subdivision and New residence Project Location (describe, and attach a location map): 59 Franklin Street, Saratoga Springs, New York; Corner of Cherry Street and Marvin Alley Brief Description of Proposed Action: Subdivision approval was granted to create a new lot of 4680 fl and construct a single-family residence of 1080 ft.' with detached garage. The Site Plan implemented several area variances granted by the ZBA. It appears that 18 months have elapsed without the start of substantial construction. The present application is a request the variances be re -granted without any changes. Neither the Site, nor the surrounding properties, nor the conditions upon which the variances were granted, have changed. Name of Applicant or Sponsor: Telephone: (518) 450-4014 E-Mail: ddevall3@nycap.rr.com David F. DeVall and Richard F. DeVall Address: 254 Church Street - City/PO: State: Zip Code: Saratoga Springs New York 12866 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: ❑ 3. a. Total acreage of the site of the proposed action? 0,12 acres b. Total acreage to be physically disturbed? o acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 0.12 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: ❑✓ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial © Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page I of 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ Z ❑ ❑ ❑ ❑� 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ ❑✓ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ❑� ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑� ❑ RL ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES ❑ ❑✓ 10, Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES El FV 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES ❑ ❑ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES Z El- Z ❑ Page 2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply, ❑Shoreline . ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES a ❑ 16. Is the project site located in the 100-year flood plan? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES ❑ ❑✓ ✓❑ ❑ ❑ ❑✓ Existing storm collection drain at the comer of Cherry Street and Marvin Afty. 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g„ retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES F ❑ 20,Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes,dascribe: NO YES ❑ I CERTO Y THAT THE INFORMATION PROVDIED ABOVE IS TRUE AND ACCURATE TO THE HEST OF MY KNOWLEDGE / Applicant/sponsor/Dame: David F, DeVall Rlcharrd FDeVVall/ Date: 3 I l LY SignatureL�Z '� d t51 N'f/ Title owners PRINT FORM Page 3 of 3 t y \l SS$' ��C �s �`� �YY� S 'wi �`.il✓.. �'4 iYT 4t AJ OC�S ��JE i ry 9P All ✓ { ar 'Fl .'I s .i x t s r� Y t C r• 0 E w 0 rn ro n 0 ro 0 n Flr• fD En 0 0 rt x m cn 0 c rt •fz4 S , I oil yy� r t s "x"tr p P'X d-m � &p �, - �� ✓ F