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HomeMy WebLinkAbout20240482 74 Fifth Variance Extension Application"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** Lurcurri4tuoei �2 acA S CITY OF SARATOGA SPRINGS (Application#) ° _ U ZONING BOARD OF APPEALS c CITY HALL - 474 $ROADWAY (Date received) => ",.�; ,� SARATOGA SPRINGS NEW YORK 12866-2296 TEL: 518-587-3550 X2533 ORAYEo www.saratoga-springs.org (Project Title) APPLICATION FOR: ❑ INTERPRETATION, USE VARIANCE, Check if PH Required AREA VARIANCE AND/OR VARIANCE EXTENSION staff Review APPLICANT(S)* OWNERS lfnotapplicant michael and stephanie haverly ATTORNEY/AGENT Name five for the tam lic 7 towline lane Address clifton park ny 12065 518-858-3049 Phone / mike@agmg[ass.com Email Primary Contact Person: DApplicant 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 1. Property Address/Location: 74 51h Avenue ax Parcel No.: 166 ©, 13 IM - 2 ©- 28 9/15/23 (for example: /65.52 -- 4 — .37) 2. Date acquired by current owner: 3. Zoning District when purchased: UR-1 4. Present use of property: Single Family Residential 5. Current Zoning District: UR-1 p 6. Has a previous ZBA application/appeal been filed for this property? ® Yes (when? 01/24/2023 For what? area variance ) ❑ 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? Demolition of existing single family residence and construction of a new single family 8. Brief description of proposed action: residence 9. Is there an active written violation for this parcel? ❑ Yes ❑ No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes No 11. Identify the type of appeal you are requesting (check all that apply). ❑ INTERPRETATION (p. 2) 12 VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) ❑ AREA VARIANCE (pp. 6-7) Revised 01/2021 ZONING BOARD OFAPPEALSAPPLIC.q TION FORM PAGE 2 ANSWER THE FOLLOWING (add additional information as necessary): I . identify the section(s) oft oning Ordinance for which you are seeking an interpretation: Section(s) 2. How do you request that this section be 3. If interpretation is denied, do you wish to request alternative zoning relief? Dyes 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: 1/24/2023 3. Date original variance expired: 6/24/2024 2. Type of variance granted? ❑ Use ® Area S. Explain why the extension is necessary. Why wasn't the original timeframe sufficient? The property has changed ownership and the new owners are coordinating efforts to proceed with construction of the home. 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: To the best of our knowledge and believe, there have been no changes to the existing condition of the property, neighborhood or plans for reconstruction that would adversely impact the prior approval of these area variances. Revised 01/2021 ZONING BOARD OFAPPEMSAPPLIG4TION FORM PAGE 3 — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): A use variance\requested to permit the following: For the Zoning Board to gran request for a use variance, an applicant must prove that the zoning regulations create an unnecessary hardship in relation to that prope . 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 rea\besub nable financial return on initial investment for any currently permitted use on the property. "Dollars & cents" proof mustd 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 (attachh ditional evidence as needed): 1) Date of purchase: Purchase amount: $ 2) Indicate dates and costs of any improvements made to property after purchase: Date Improvement 3) Annual maintenance expenses; $ 5) Annual income generated from property: $ b) City assessed value: $ 4) Annual taxes: Cost Equalization rate: Estimated Market Value: 7) Appraised Value: $ Appraiser: Date: Appraisal Assumptions: Revised 0112021 ZONING BOARD OFAPPEALSAPPLIc4TlpNFORM PAG5 4 Has property been listed for sale with []Yes If "yes", for how long? the Multiple Listing Service (MLS)? (QNo 1)O\pric date(s): Original listing price: $ If lists reduced, describe when and to what extent: 2) Has the property b n advertised in the newspapers or other publications? MYes ❑No If yes, describe frequency a name of publications: 3) Has the property had a "For Sale" ' n posted on it? ❑Yes El No If yes, list dates when sign was posted: 4) How many times has the property been shown ann with what results? 2. That the financial hardship relating to this property is unique and d s not apply to a substantial portion of the neighborhood. Difficulties shared with numerous other properties in the same neighbo ood or district would not satisfy this requirement. This previously identified financial hardship is unique for the following reasons: Revised 01/2021 ZONING BOARD OFAPPE,4LSAPPLIcATION FORM PAGES the variance, if granted, will not alter the essential character of the neighborhood. Changes that will alter the character of a borhood or district would be at odds with the purpose of the Zoning Ordinance. The requested variance will not alter the \ter of the neighborhood for the following reasons: 4. That the alleized hardship has not been self-created. An applicant (w owner) cannot claim "unnecessary hardship" if that hardship was c knowing (or was in a position to know) the conditions for which the for the following reasons: the property owner or one acting on behalf of the property 5y the applicant, or if the applicant acquired the property rids seeking relief. The hardship has not been self-created Revised 0112021 ZONING BOARD OFAPPEALSAPPLICATIDN FORM — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): The appil�t requests relief from the following Zoning Ordinance article(s) District Re uirement Requested Other: PAGE6 To grant an area variance, the ZBA must balance the benefit o 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 b ther feasible means. Identify what alternatives to the variance have been explored (alternative designs, attempts to purchase land, et and why they are not feasible. 2. Whether granting the variance wiff produce an undesirable change in the character of the properties. Granting the variance will not create a detriment to nearby properties or an character for the following reasons: or a detriment to nearby Inge in the neighborhood Revised 0112021 ZONING BOARD OFAPPFALSAPPLlcq LION FORM PAGE7 \3.Whether the variance is substantial. The requested variance is not substantial for the following reasons. 4. Whether the variance will have adv\meal ysical or environmental effects on neighborhood or district. The requested variance will not have an adverse physical or environeffect on the neighborhood or district for the following reasons: S. Whether the alleged difficulty was self-created (although this does not whether the alleged difficulty was or was not self-created: preclude the granting of an area variance). Explain Revised 01l2021 ZONING BOARD OFAPP64LSAPPLIc4TION FARM PAGE8 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 purchasers)/Iessee(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 a icati n for purposes of conducting any necessary site inspections relating to this appeal. signature) (applicant If applicant is not the currently - Owner Signature: Owner Signature: 5/29/24 Date: Date: 5/29/24 owner of the property, the current owner must also sign. Date: Date: Revised 01/2021