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HomeMy WebLinkAbout20240838 45 Stockholm Addition Applicationf,FO-R OFFICE USE1 CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 TEU 518-587-3550 X2533 www. saratoga-springs. org APPLICATION FOR - INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION (Application #) (Date received) (Project Title) Check if PH Required Staff Review AIF'i..ICANICS2 QWNER s frror Ircanr ATroRNEY/AGENT Name Vision Planning Consultants LLC Jaynes Burns Address PO Box 442 45 Stockholm Ave Newtonville NY 12128 Saratoga Springs NY 12866 Phone 518 857 4486 Email visionplanningconsuitantsCgmail.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: 12 Owner © Lessee © Under option to lease or purchase PROPERTY INFORMATION 1. Property AddreWLocation: 45 Stockholm Ave Tax Parcel No.: 193 ^. � 5 - (for example: / 65.52 4 — 37) 2. Date acquired by current owner: 2021 3. Zoning District when purchased: RR 4. Present use of property: One tamily home ! camp 5. Current Zoning District: FIR 6. Has a previous ZRA application/appeal been filed for this property? Yes (when? For what? _ ) ICI No _._. 7. Is property located within (check all that apply)?: © Historic District 11 Architectural Review District ❑ 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: PropQsgd_addition conaiiits of two my.,mall pordonnsto beAded to twct., bedrooms. The sizes are 4' x 12' and 4' x 8'. Also, we need a setback relief fo rthe existing deck that was built without a permit prior to the current owners purchase. The deck size is 14' x 16 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 P/ 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) 2 AREA WmANcE (pp. 6-7) Revised ou2mi ZonarvG BGgRD OFAWFAUAPPUCA7XW FORM Pace 6 AREAVARUWCE-- PLEASE ANSWERTHE FOLLOWING (add additional information as necessary): The applicant requests relief from the following Zoning Ordinance articles) Article 4 - Table 3 area Dimensional R uirements We are proposing two very small additions to two bedrooms the sizes are 4` x 8' and 4' x 12` The existing deck is 18' x 14' Other: District Requirement If this considered a rear yard 100' For a side it is 30, Rekruested 14.6' x 27.5' 18.3' These additons are very small and they face a pond. The deck is existing built prior to purchase and faces the lake_ 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 aree not feasible. SEE ATTACHED 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 vvill not create a detriment to nearby properties or an undesirable change in the neighborhood character for the following reasons: SEE ATTACHED Ion 91t2021 ZONINGBaV&OFAPfiM SAPPVC477ONRWn PAG-r % 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: SEE ATTACHED h. Whether the variance will have adverse physical or environmental effects on neighborhood or district. The requestedvariance will not have an adverse physical or environmental effect on the neighborhood or district for the following reasons: SEE ATTACHED 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: SEE ATTACHED Revised 01/2021 ZONING Sa4R© OFAMMLSAPP"cATIM 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? 91No ❑ 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)/lessm(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) (applicant signature) Date: If applicant is not the urrently the owne of the property, the current owner must also sign. Owner Signature: Date: Owner Signature: Date: Re%ised ajnazr ffI S. ~ City of Saratoga Springs BUILDING DEPARTMENT CITY HALL • „, 474 Broadway, Suite s2 Saratoga Springs, NY 1Q866 BUILDING & PLUMBING CODE COMPLIANCE ZONING September 19, 2024 Ted DeLucia Vision Planning Consultants LLC PO Box 442 Newtonville, NY 12128 Telephone (518)587-3550 EXL 2511 ww'wsaratoga-springs.org RE: 45 Stockholm Avenue, Parcel #193.5-1-15 W. DeLucia, PATRICK COGAN Zonmg & Building Inspmtur Extension a 9i DUANE MILLER Assistant Building Inspector Extension F512 JEANNA F"RTr2_THOMAS Assistant Budding Inspector Extension 2.k,41 ROBERT KOCIS Assistant Building Inspector Extension 2542 JOHN BARNEY Assistant Building & Construction Inspector Extension 25�! 1 RICHARD TIERSCH Assistant Building & Construction Inspector Extension 2563 I have reviewed your correspondence dated August 4, 2024 and the Floodplain Development permit application for 45 Stockholm Ave_ As we have discussed, the proposed project for two minor additions on the rear of the house would require a Floodplain Development permit, relief from the setback requirements of the UDO by the Zoning Board of Appeals (ZBA), and eventually a building permit. The first step in the process would normally be application to the ZBA for any variances required_ In this particular case, I asked you to submit the application for Floodplain Development Permit for a feasibility review before applying to the ZBA. Ater reviewing the Floodplain Development permit application and project justification, I am comfortable with the proposed compliance path for Cbapter 120 of the City Code — Flood Damage Prevention, and 1 am not aware of any current issues that would prevent me from issuing the Floodplain Development permit if the ZBA decides to approve the required variances for the project. As a result, I would recommend that you now proceed with application to the ZBA to seek approval for the required relief If the ZBA approves any required variances, we can then proceed with the Floodplain Development permit and building permit application Sincerely, Patrick D. Cogan Zoning and Building Inspector, Floodplain Administrator Page I I Of I 9/23/2024, 1:35 PM Area Variance Criteria for: 45 Stockholm Ave Addressing the feasibility as to if we can achieve this approval through a different method: Actually the deck already exists so there is no different areas to remove it or replace it too service their needs. As for the two minor sized additions each are only to enlarge the very small two bedrooms so a different location will not be appropriate. It also is just filling in each corner of the existing building. Addressing the detriment to the character of the neighborhood - This addition proposal will have to detrimental impact to the neighborhood or subject property as it only faces a pond area and is on the opposite side of any neighbors view. As well as there is only one corner coming closer to this rear yard then the house is currently placed. As for the existing deck, this was previously built prior to this owner and it faces Saratoga Lake and has not caused a detriment to the lake or the neighborhood based on the number of years it has been there without incident. Addressing whether this is a substantial variance: The 14 ft. x 16 ft. deck request is not substantial as it is already in place for years and is a low level structure not disturbing any visibility. As for the two additions one is 32 sq_ ft. which is 1 sheet of 4 'x 8' plywood and the other is 48 sq. It. which is 1 Ya sheet of 4' x 8' plywood are to enlarge the two bedrooms and square off or fill in each corner of the house which is a very small amount of area. Addressing the adverse effect on the physical and environmental impact; There is no adverse impact or physical changes to the lawn or environment. These very small additions will be installed on techno posts with no grade disturbance. There placement are to fill in each corner of the home. As mentioned the deck already exists and has not caused a negative impact to date. Also, neither proposal will cause a negative environmental impact based on our current flood plain approval and DEC pending work permit. Are the alleged difficulties self-created and relevant to preclude the granting of the area variance. The deck is obviously not self-created due to it was already built prior to the new owners purchase. As for the two very small additions I suspect that it could be considered self-created however, the placement of the existing house is on a much smaller parcel then the current zoning laws require therefore we did not create the placement of the house but, we are not able to meet the current required setbacks. Also, the existing bedrooms were built decades ago, which are so small but these proposed added spaces, small as they are will still greatly help. Points of interest re ardin area variance for — 45 Stockholm Ave • This property is located in a RR zoning district which has an existing camp style home built decades ago when the required lot sizes and setbacks were much less restrictive. This one family dwelling is relatively small with 1,040 sq. ft. with two very small bedrooms. This is obviously an example of how camps were built decades ago. Since then, camps of this nature were updated to meet more suitable needs as the times changed and lake property became more desirable. • This property has Saratoga lake frontage and also has frontage on a pond. The placement of the house, as shown on the survey, is basically positioned at the intersection of each body of water. There is ample space from the dwelling to each water body. The two very small proposed bedroom additions face the pond area only. Only one corner of the additions will be four feet closer to the ponds edge then the current home is placed. Whereas, based on the angle the other small addition will be seven feet further away than the current home is placed. Each of these setbacks is considered a rear yard, which obviously will not impact any neighbor as it faces the pond. We have both, a pending Flood plain approval letter from the building department and a pending work permit with DEC based on receiving an approved variance request. As for the purpose for these additions, we are trying to increase two bedroom sizes by a very small amount which is 32 sq. ft. and 48 sq. ft. in doing so we will be filling in each corner of the house as shown on the site plan and building plan. • With regards to the existing deck 14 ft. x 16 ft. setback request, when I met with the building inspector, Mr. Patrick Cogan and we reviewed the survey together it showed the existing deck. Patrick brought to my attention that there was no building permit or variance for this deck and advised we would also need a rear setback variance and permit. Obviously, this came as a surprise based on this deck was there when the home was purchased in 2021. However, we want and need to correct this violation. The deck has been there for a number of years without any type of negative issues and the placement suits the needs of the owner and of course adds to the enjoyment and relaxation while viewing the lake, • Based on both of these variance setback requests we feel these very small bedroom additions will not have a negative impact obviously on any neighbor based on their location nor impact the environment based on the pending Flood plain approval letter. As for the existing deck we also feel this has been there for a number of years without any negative impact and we are looking to keep it as placed and to correct this violation. This is a brief overview of our request and look forward to further discussions at our meeting. 61 Z20 Appendix B Short Environmental Assessment Form Instructions for Completing 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 fFuading, are subject to public review, and may be subject to further verification. Complete Part 1 based an 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: Project Location (describe, and attach a location map): 45 Stockholm Ave Saratoga Springs NY Brief Description of Proposed Action: To build two small additions to each bedroom_ one is 8ft.Aft. the other is 4ft. x 12ft. also to keep an existing 14ft x 16ft deck. All of which require a setback variance. Name of Applicant or Sponsor: Telephone: p 518 $57-4486 Vision Planning Consultants LLC E-Mail: visionpianningconsultants@gmail.com Address: PO Box 442 City/PO: Newtonville State: Zip Code, NY 12128 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? NO YES ll Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and to Part 2. If proceed no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO If Yes, list agency(s) name and permit or approval: YES A building permit ❑ ❑ 3.a. Totai acreage of the site of the proposed action? b. Total acreage to be physically disturbed? 2acres c. Total acreage (project site and any contiguous properties) owned zero0 acres or controlled by the applicant or project sponsor? .20 acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑Rural (non -agriculture) ❑ hidustrial ❑ COmmercial ®Residential (suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other (specify): ❑ Parkland Page 1 of 4 5. Is the proposed action, NO a. A permitted use under the zoning regulations? ❑ b. Consistent with the adopted comprehensive plan? ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7. Is the site of the proposed action located in, or does it adjoin a state listed Critical Environmental Area? If Yes, identify: f ext to SaratL3ga Lake which we have a flood lain approval letter and a endin DEC work oerrnit YES ❑✓ NO ❑ NO NIA ❑ ❑ YES ❑ YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑ NO WJ YES b. ❑ ❑ Are public transportation service(s) available at or near the site of the proposed action? El- e. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 4. 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 i YES El W1 10. Will the proposed action connect to an existing public/private water supply? NO YES rvrR If No, describe method for providing potable water: 10 ❑ 11. Will the proposed action connect to existing wastewater utilities? NO YES iJ1R If No, describe method for providing wastewater treatment: 7 ❑ 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? NO YES b. Is the proposed action located in an archeological sensitive area? 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? NO YES ❑ b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent El ❑ of alterations in square feet or acres: 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 p J pp Y ❑Early mid -successional ❑ Wetland ❑ Urban ® Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? ❑ 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ❑ NO ❑YES 7 ❑ b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? if Yes, briefly describe: ❑ NO AYES Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids (e.g. retention pond, waste lagoon, dam)? if Yes, explain purpose and size: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes, describe: � ❑ ❑ 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? If Yes, describe: ❑ ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE 701F KNOWLEDGE Applicant/sp or nam :Ted Det uc'a 1� �G LL <� Date: 9124/24 Signature L._ i 6 Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" I. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 No, or small impact may occur Moderate to large impact may occur ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ No, or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage ❑ ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? ❑ Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts_ Name of Lead Agency Print or 'Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) PRINT Page 4 of 4 6 ii ��Vv vip�a_ Ar q S �ac.�L t�ouvl AVE � E 7STociz 14 o W av r_ A bD ► h Z etq. 1S' Nidr Pr7r.ls S Rlgu Or Way � II __ (A 1 ' 1 mwlb\J—i Jemes F. Mohan Sr. d' Doloraa M. Mellon 9aaA l.r97 Or Oeedr A r pcpr 8:9 S7B' W' 00r Z;l a [MW Shw Wld Arnxr It 1 ,re.Aov a'e`r a..7 a�p004 �ap000aaop aumwTxdca' d� C, r Arco R 8, 647.+ Sq. Ff. ` 3Z Sq•f fi T7tle , mo 7a fhe low Propd Additions Nbo Iran. of " \ Sve d A Rv/nTwve ri 7 Pad A. 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