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HomeMy WebLinkAbout20190731 Crisafulli Residence Application Laura A. Crisafulli 94 North Street Saratoga Springs, NY 12866 laura.crisa@gmail.cona/518-588-9100 July 24th, 2019 City of Saratoga Springs Zoning Board of Appeals RE: Crisafulli Project 94 North Street, Saratoga Springs,NY Dear Zoning Board of Appeals members: 1 respectfully submit the attached application for variances. This property was recently before the board and requested variances granted. Since that time and further contemplation, a new and different project is desired. In the prior application, the project was a renovation of the existing structure. In this application, we seek relief construction of a new home, smaller in foot print. We still seek relief from the minimum lot requirement and maximum lot coverage. The new application includes a design which will comply with all setbacks (front, sides and rear). This submittal includes the following: I. Original Application —including a plot plan dated July 24, 2019 by OnPoint Building Design, LLC 2. Application Fee of$200.00 3. Data to support consistency with other property as it relates to maximum lot coverage. As you know this lot, along with many in this part of the city was created well before the present lot size was created and insufficient to construct a modern home. 4. Zoning Analysis Plan - OnPoint 5. Proposed Elevation Drawing—OnPoint 6. Photographs of existing structure and surrounding homes. I would appreciate it if this matter would be placed on your next agenda for action. If you need anything further in advance, please feel free to request the same. Respectfully, 01k CA CA,th..ettetcezki Laura A. Crisafulli — Owner JF0R OFFICE USE1 'OGA CITY OF SARATOGA SPRINGS C p t (Application#) E-- t--1 - 4 74 13 ractztiAroad F;iI Sctraituga,Srjs N eivv-York/128 66, TeL 518-587-3550 11944.4 5-18-580-674 80 (Date received) `TPORATCD APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION * OwNER(sj(If not applicant) ATTORNEY/AGENT Michael Crisafulli Name Laura A. Crisafulli same as apcant Address 94 North Street 399 Albany Shaker Road Suite 200 §arato a S rin Loudonville, NY 12211 518-331-2492 Phone 518-588-9100 EL( mjc©crisafulliassociates.com Email laura.crisa@gmail,com *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: IZ Owner 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 94 North Street Saratoga Springs NY I. Property Address/Location: 12866 Tax Parcel No.: 166 .45 -2 -25 ((or example: 165.52—4—37) 2. Date acquired by current owner: 11/14/2014 1 Zoning District when purchased: UR-3 4. Present use of property: single family residence 5. Current Zoning District: UR-3 - 6. Has a previous ZBA application/appeal been filed for this property? GI Yes (when?January For what?Addition/Renovation to ) 0 No home. It was approved 7. Is property located within (check all that apply)?: 0 Historic District 0 Architectural Review District 0 500'of a State Park, city boundary,or county/state highway? 8. Brief description of proposed action: Demolition of existing home and construction of brand new home that is much more conforming than existing home and home renovation that was previously approved by the ZBA in 2019. 9. Is there a written violation for this parcel that is.not the subject of this application? 0 Yes 1:EriN o 10. Has the work, use or occupancy to which this appeal relates already begun? Yes IZI No I I. Identify the type of appeal you are requesting (check all that apply): 0 INTERPRETATION(p. 2) 0 VARIANCE EXTENSION (p. 2) 0 USE VARIANCE (pp. 3-6) AREA VARIANCE (pp. 6-7) Revised 12/2015 ZONING BOARD OF APPEALS APPLIC4PON/OmM PAGE 2 FEES: Make checks payable to the of Finance". Fees are cumulative and required for each request below. O Interpretation $ 480 • Use variance $1,000 21Area variance ^un� -Residential use/property: $ -p73 -Non-residential use/property: $ 600 O Extensions: $ 150 /NTERPRETATION—pLEAScANSWEnTHsFOuOWIwG(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? EYes DNo 4. If the answer to#3 is "yes,"what alternative relief do you rmquest!O Use Variance 0 Area Variance EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): I. Date original variance was granted:_ 2. Type of variance granted? 0 Use 0 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 03/2018 ZONING BOARD OF APPEALS APPLICATION 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". I. 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): I) 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 03/2018 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4 B. Has property been listed for sale with LJYes 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? EYes LII No If yes, describe frequency and name of publications: 3) Has the property had a"For Sale"sign posted on it? DYes VI 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 03/2018 ZONING BOARD OF APPEALS APPLIC4770N FORM PAGE 3. That the variance, if granted, vril l 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 03/2018 ZONING BOARD OF APPEALS APPLICA77ON 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 From To 30% lot coverage 30.75% (existing) 32.95% new This home will be more conforming than existing home and the home that was previously approved. Existing lot coverage Previously approved lot coverage was 42.98%. 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: I. 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. To make the house financially and aesthetically viable we need the small area variance that we are requesting. This new home will be far more conforming than the existing house. It will provide relief to all the neighbors that abut it. 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 home will be far more conforming to the zoning ordinance than both the existing home and the previously ZBA approved plan and will be far better looking than the existing home. It will provide relief to neighbors on all sides. Revised 03/2018 ZONING BOARD OF APPEALS APPLICATIONpOm' PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: It will be far more conforming than the existing home as well as the recently ZBA approved project modifications. _ -_-_ ' - 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: It will be far more conforming than the existing home as woiresme-recently ZBAapproved pnojecl It will be better looking than the existing home. 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: 10 me crea e.. ''a`ome/mcons ramie" "yoma sq ' as we as eome /enew h"r -newill bemore adequate sq/fL, better looking and far more conforming. It is a win win win for neighbors, owner and city. - ___-- Revised 03/2018 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? 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. LL/L4 Date: .1 2(4 (applicant signat re) 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 03/203 8 ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING usunaCnnafulU 166 45 2 25 APPLICANT: TAX PARCEL No.: 94 North Street Saratoga Springs 12866 UR-3 PROPERTY ADDRESS: ZONING DISTRICT: - This applicanhas applied to use the identified property within the City of Saratoga Springs for the following: Single family residence This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s) As such, the following relief would be required to proceed: U Extension of existing variance OInterpretation O Use Variance to permit the following: Area Variance seeking the following relief: Dimensional Requirements From To Maximum building coverage 30% 30.7596 32.9596 Minimum lot Size(6,000 WO 4598.3&gift 4599.3 scifft _ . -- Other Note: UAdvisory Opinion required from Saratoga County Planning Board ZONING AND BUILDING INSPECTOR --------- cwTs Revised 03/2018 Additionally, please find, based upon a visual inventory of nearby properties on tile GIS information available to the public, other residential parcels with minimal open space or uncovered areas of the lot (in excess of permitted maximum lot coverage): 1. 80 York Ave - 166.45-3-15 - Brown, Christina 2. 26 Warren Street- 166.45-2-45 - Lewis, David K. 3. 114 Middle Ave - 166.45-3-40 - Ward, Jason 4. 36 Warren Street - 166.37-2-36 Adinolfi, Paul A. 5. 13 James Street- 166.45-2-29 - Gonroff, Jennifer A.