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Home My WebLink About20240193 31 Jenna Jo Shed Area Variance Application"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" G., ° CITY OF SARATOGA SPRINGS ^U ZONING BOARD OF APPEALS CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 Y TEL: 518-587-3550 X2533 www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPUCANTM* Brett & Nicole Heim Name 31 Jenna Jo Ave Address Saratoga Spring, NY 12866 518-928-8645 OWNER(S) (/fnotWRAcantl (Application #) (Date received) (Project Title) Check if PH Required Staff Review ATTORNEY/AGENT Phone nikiburger@gmail.com Email Primary Contact Person: ❑✓ Applicant OOwner ❑Attomey/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 PROPERTY INFORMATION 31 Jenna Jo Ave 1. Property Address/Location: 06/29/2022 ❑ Under option to lease or purchase Tax Parcel No.: 180 9 1 34 (for example. /65.52 — 4 — 37) SR-2 2. Date acquired by current owner. 3. Zoning District when purchased: residence SR-2 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? ) 0 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: Our initial permit application was submitted when the distance from accessory building to rear lot line was 1 Oft. We met with the Building Dept in the office to review the application, it was confirmed and submitted. We were unfortunately incorrectly told changed 15 days prior to our application but the city website was admittedly (by bldg dept) not updated. Given these 9. Is there an active written violation for this parcel? ❑ Yes 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes 11. Identify the type of appeal you are requesting (check all that apply): 19 No ❑ INTERPRETATION (p. 2) ❑ VARVWCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 12 AREA VARIANCE (pp. 6-7) Revised Ommi F1S F14 F13 ZOANNAG&WDOFAME4LSAPftJCArIONF FORM PAGE Z IbOM- PLEASE ANSWERTHE FOLLOWWG (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 — PLEAM ANSWERTHE FOLLOWING (add additional information as necessary): 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 page UP ZONING BOARD 0`APPEA[SAPPt1C477ON FORM PAGE 3 AE YNM _F _ pL"E "SWERTHr' 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 unnecess_ ary 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 current!v nermitted use on the property. "Dollars &cents" proof must be submitted as evidence. The reasons: Pro Perty in question cannot yield a reasonable return for the following 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: $ 4) Annual taxes: $ 5) Annual income generated from property: $ 6) City assessed value: $ Equalization rate: Estimated Market Value: $ 7) Appraised Value: $ Appraiser: Date: Appraisal Assumptions: Revised oin mi In 4) f 11111 homeIL r up ZONING BOARD OFAm)wsAPfficA710N foam PAGE 4 B. Has property been listed for sale with (]Yes If "yes", for how long? the Multiple Listing Service (MLS)? 10No 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? DYes ❑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 06 ZOMAAG 804RD OfAPPEALsAPR icA77oN FORM PAGE S 3. That the variance, if granted, will not alter the essential character of the nei hborh9A. Changes that will after 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 Ommi U ZOANNG SOMO OFAPPFALSAIRICArjav Fo+PM F13 — Pmm. ,,, I R 11HE iF.,,OWI N1G (add additional Information as necessary): The applicant requests relief from the following ZoningZoningCompliance Ordinance article(s) Chart rio F15 F14 clear PAGE 6 Dimensional Requirements Setback District Re 20�ft uirement Re nested loft 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: • 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. The accessory structure is cemented into the ground. There is electric to the structure and the pool equipment has been installed in and on the structure. Because of this, it would be extremely financially burdensom. 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: The accessory structure is in the back corner of our lot. This happens to be in the back corner of the lot next door and will be the same for the newly constructed homes behind us once they are fully built. The location from 1 Oft to 20ft will not produce an unclesireable change in the character. n tact, it we were forced to move the tit, ucure, it woula Tully cast a shadow on our neighbors pool. The Oak Ridge HOA has approved this structure and the location prior to install. Revised 01/2021 ZON/NG 8a4RD oFAPPF&sAPPL/CAT7om FoRm PAGE % 3. Whether the variance is substantial. The requested variance Is not substantial for the following reasons: It is a 10ft variance, which is not substantial. The structure is 1011 from the rear lot line, which Is what the zoning was for years before this change. The Initial placement was approved by the Oak Ridge HOA prior to install. 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: Our yard does not have any trees or other physical environmental characteristics within the 1Oft S. 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: We believe this was a joint issue. We received bad information and since it was our first time working through the permit process we trusted what we were told and what was on the City's website. In retrospect, we should have waited until the permit was acrepted Mid issued. Revised 0 mi ZoNnvc BoARo oFAPPE,usAPftic477av FORM PAGE B 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 associated with this application for purposes of conducting any necessary site inspections relating to this appeal. Date: (applicant signature) Date: Z 2 (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 N City of Saratoga Springs ENT FEES .2023 OFFICE OF PLANNINGN. ... ECONOMIC VE ELOpMF 3 FEE ... ...... .... $3001au $800- 3001. cra 0 + $3001-ua O'd, U[) S501ePP 's ol panne. Is $ .4 $ 5011, 01. pp� 2001 ddv 50 4; $70 esowba PM-P, $70 $35 Aoct*"'y $55 -- ==EA—1 se stru�wres $200 $650 Sketch Rmpw $250 $00 MP Alcess"Ysigns. Awning' $150 $100 Rr^,ad $150 cafion Fee x 2 moacow Fee Post $1200 + $50'app —r= cation IS to - P,,mv — I use P—A $500 P-rA SP,'w use Permit - $550 + $ pffn-A - nd_dii PlanR inci. PUD $400 W sketch Sih, plan Sketch plan Site plan RA $4()0 + $250/u6it SM + $15011000 sf Nm4owder"I A&M-W" SPR $400 $800 ROMCW" $250 Exle $350 "Mosidenow k,CL Slolollision PUD, $400 per sketch Sketch PMn yAPP-1011 $700 + $5013PP i-51ols $1100 + $50/aPP awdolost6-lobb $1450+ $50W $Sw + $50aP poetot 2V sw $1.5W + $20W + $011 $Z40ya + $5&*P - S50W do Ed porter M&neeemeut 01..* P.O. Box 160 Fort wwwq, MY 12828 per: (618) 577-6408 Faz: (888) B67-6784 www.Oni-Ridr-OM HOMEOWNERS ASSOCIATION September 9, 2022 Niki Heim 31JennaJo Avenue Saratoga Springs, NY 12866 Re: Architectural Review Application Accessory Structure Dear Niki, Thank you for your letter to the Board of Directors dated September 8, 2022. Pursuan ttto r ate ur request, the Oak Ridge Board convened a special meeting this afternoon, with an app p quorum, to review your previously submitted application for an accessory structure. After much discussion, the Board agreed to unanimously approve your request pursuant to Section 8.07 b that refers to "Storage Structures". In accordance with the community's declarations the Storage Structure, must meet all of the same architectural covenants and be constructed in accordance with the building elevations that you have already submitted that includes a description of materials to be used (attached). This approval is conditional until the ARC receives an acceptable landscape plan for the structure. In furtherance to our discussion about the proposed pool, please review the approval issued by the ARC for you Fence, that states that, " Prior to commencement of the pool construction, please re -apply and submit a drawing with specifications showing exact location ofpool and related equipment along with a detailed landscape plan, including the necessary screening" In addition we will require a copy of the Pool Building Permit from the City of Saratoga Springs. If you have any questions, please do not hesitate to contact me. Respectfully, 4 " Robert A. Hayes Oak Ridge Board Member Cc: OakRide Board of Directors