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Home My WebLink About20240269 139 Elm Second Principal Revised ApplicationRevised 01/2021 $33/,&$7,21)25 ,17(535(7$7,2186(9 $5,$1&( $5($9$5,$1&($1'259$5,$1&((;7(16,21 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 ,VWKHUHDQDFWLYHZULWWHQYLRODWLRQIRUWKLVSDUFHO" Has the work, use or occupancy to which this appeal relates already begun? 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) $SSOLFDQW 2ZQHU $WWRUQH\$JHQW3ULPDU\&RQWDFW3HUVRQ **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** [FOR OFFICE USE] _____________BB $SSOLFDWLRQ _________BB_ 'DWHUHFHLYHG @@@@@@@@@@@@@@@@@@@@@@@@@@ 3URMHFW7LWOH &KHFNLI3+5HTXLUHG 6WDII5HYLHZBBBBBBBBBBBBBBB CITY OF SARATOGA SPRINGS =21,1*%2$5'2)$33($/6 &,7<+$//%52$':$< 6$5$72*$635,1*61(:<25. 7(/; ZZZVDUDWRJDVSULQJVRUJ Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2 INTERPRETATION – PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 1.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: Appraisal Assumptions: Revised 01/2021 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”. 1.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: $4) Annual taxes: $ 5) Annual income generated from property: $ 6) City assessed value: $ Equalization rate: Estimated Market Value: $ 7) Appraised Value: $ Appraiser: Date: Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4 B.Has property been listed for sale with Yes If “yes”, for how long? _______________________________ the Multiple Listing Service (MLS)?No 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?Yes 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 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 5 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 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 'LVWULFW5HTXLUHPHQW 5HTXHVWHG 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: 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 1ELIGIBILITY: To apply for relief from the City’s Zoning Ordinance, an applicant must be the propertyowner(s) or lessee, or have an option to lease or purchase the property in question. The Zoning Board ofAppeals (ZBA) shall not accept any application for appeal that includes a parcel which has a written violationfrom the Zoning and Building Inspector that is not the subject of the application. 2COMPLETE SUBMISSIONS: Applicants a re e ncouraged to w ork w ith City s taff to e nsure a c omplete application. TheZBA w ill only c onsider p roperly c ompleted a pplications that contain original and d igital version of the following: Completed application pages 1 and 8, the pages relating to the requested relief (p. 2 for interpretationor extension, pp. 3-5 for use variance, pp. 6-7 for area variance), and any additional supportingmaterials/ documentation. +$1':5,77(1$33/,&$7,216:,//127%($&&(37(' 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. APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance”. 3&'&3505)&$633&/5'&&803,4)&&5*/$-6%&%*/5)*4%0$6.&/5 Check City’s website (www.saratoga-springs.org) for meeting dates. CITY OF SARATOGA SPRINGS Z ONING B OARD OF A PPEALS City Hall - 474 Broadway Saratoga Springs, New York 12866 Tel: 518-587-3550; ZZZVDUDWRJDVSULQJVRUJ Revised 01/2021 ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE 2 PUBLIC HEARING ADVERTISEMENT The Zoning B oard o f A ppeals is r equired to ho ld a p ublic he aring o n e ach s ubmitted application w ithin n inety (90) days from when it is determined to be properly complete by City staff. &LW\VWDIIZLOOSUHSDUHDOHJDOQRWLFHIRUWKHSXEOLFKHDULQJDQGDUUDQJHWRKDYHWKHSXEOLFKHDULQJ DQQRXQFHPHQWSULQWHGLQWKHOHJDOQRWLFHVHFWLRQRIDORFDOSXEOLFDWLRQDWOHDVWGD\VEHIRUHWKHKHDULQJ PROPERTY OWNER NOTIFICATION Applicants are required t o m ail a c opy o f t he p ublic he aring legal notice t o a ll property o wners w ithin t he f ollowing 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. Application to City Council FEE Comprehensive Plan amendment $1,800 + $300/acre Zoning Ordinance amendment $800 + $300/acre Planned Unit Development (PUD) amendment $800 + $300/acre Application to Zoning Board of Appeals Use Variance $1,400 + $50/app Area Variance - Residential $350/1st var +$50/app +$150/ea add variance Area Variance - Non-residential $1000/1st var + $50/app+ $200/ ea add variance Interpretations $650 + $50/app Application Fee x 2 + $50/app Variance extensions 50% of Application fee + $50/app Application to Design Review Commission Demolition $500 Residential Structures Principal $70 Accessory $70 Extension $35 Modification $55 Multi-Family, Comm, Mixed-Use Structures Sketch $200 Principal $650 Extension $250 Modification $400 Multi-Family, Comm, Mixed-Use Accessory, Signs, Awnings Principal $150 Extension $100 Modification $150 Application Fee x 2 Application to Planning Board Special Use Permit $1200 + $50/app Temporary Use Permit $500 Special Use Permit - extension $400 Special Use Permit - modification $550 + $50/app Site Plan Review - incl. PUD: Sketch Plan $400 per sketch Site Plan Full Residential $400 + $250/unit Non-residential $800 + $150/1000 sf Administrative SPR Residential $400 Non-residential $800 Extension Residential $250 Non-residential $350 Subdivision - incl. PUD: Sketch Plan $400 per sketch Preliminary Approval Residential: 1-5 lots $700 + $50/app Residential: 6-10 lots $1100 + $50/app Residential: 11-20 lots $1450 + $50/app Residential: 21+ lots $1800 + $50/app Residential - extension $350 Final Approval Residential $1,550 + $200/lot + $50/app Non- Residential $2,400/lot + $50/app Final Approval Modification Residential $400 + $50/app Non- Residential $800 + $50/app Final Approval Extension Residential $250 Non- Residential $350 Other: Lot Line Adjustment/Subdivision Administrative Action$400 Letter of Credit - modification or extension $400 Letter of Credit - collection up to 1% of LoC Recreation Fee $2000/lot or unit Land Disturbance $750 + $35/acre Watercourse/Wetland Permit $750 SEQRA EIS Review (Draft & Final) TBD Post Work Application Fee Post Work Application Fee OFFICE OF PLANNING AND ECONOMIC DEVELOPMENT FEES - 2023 City of Saratoga Springs OPED Fees Page 1 of 1 5