HomeMy WebLinkAbout20240859 160 Fifth Deck Replacement Application4$ CITY OF SARATOGA SPRINGS
Z014MG BOARD OF APPEMS
CITY FIALL - 474 BROADWAY
SARATOGA SPRINGS, NEW YORK 12866-2296
TEL: 518-587-3550 X2533
www-saratoga-springs-org
AJIDPLICA-nahl FOR:
INTERPRETATION, USE VARIANCE,
AREA VARIANCE AND/OR VARIANCE EXTENSION
AJPPLJCANT &-*
Dawn and Daniel Sauer
Name
160 Fifth Avenue
Address
(Application #)
(Date received)
(Project TMe)
Check if PH Required n
Staff Review
OWNER(L) af not aWficantI - rmAT
Phone
dawnkarmariDaca cnm
Email
Prrrar attorney/Agent
y Contact Person: nv Applicant Poviner
* An applicant must be the property owner, lessee, orom with an option to lease or -purchase the property in question.
Applicant's interest Irt the premises: 20 Orwner 'Lessee Under option to lease or purchase
PROPERTY INFORMATION
160 Fifth Avenue 166.14 5 19.2
1. Proper-ty Address/Location: Tax Parcel No.:
(for exxnpleL 145-52- - 4 - 37)
11 /11 /2007 URi
2. Date acquired by current owner: .3. Zonim! District when purchased:
Primary Residence UR1
4. Present use ofpro ,property:, 5. Cut -rent Zoning District:.
-Pe r
6. Hasa. previous Z13A.application/appeat been filed for this proper. ty?
0 Yes (when? gnu'
Prior to ot jr For what?_San2e_rear dank that ztej
0 No Purchase of hanne want to replacelexpand
7. Is property located within (check all that apply)?: 0 Historic District 0 Architectural Review District
0 500' of a State Park, city 'g I a y boundary, or county/state highway?
W waild like tor�enprtl ce existing rear deck because it is in poor condition. The wood is rotted in certain areas and cannot be
I'll e -1'-ekt0tkftby4&#*.
-e an active n for V is there tive w6ften violation this parcel^ 0 Yes i2l No
10- Has the work, use- or acr-upaacy to wb1ch this appeal relates, already, begun? .Yes - ONC,
11 Identify die type ap of I , peal you are requestiny,(che& all that apply).
0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) OUSE VARIANCE (pp.3-6) 12AREA VARIANCE (pp.6-7)
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7bN1,vG8OARD oFAPPE4LSAPPLJc4TJONF6R%v PAGE2
INIERP `A719N,—PLEASE ANSWER THE FOLLOW)NG (add additional information as necessary).
s:- °— , .
1. Iuentlty ett� seciiCxii�s vt ziic�6iliti vl`ulria�cc eur vVlacltyvu are seek all interpretation:
Section(s)
2 How do you [CCitICSi plat LI thi tS; S0c tICTi7 UC tttiCS'k]I CtCd.
jIP •rtetais..nied 4tvrc�icStal rntV=Zvrr�rc{:.n r-qv -- i111-
tt i€, vOit {iet: �{ea ..f �Av
4. If the answer to #3 is "yes," what alternative relief do you request?Li Use Variance 0 Area. Variance
6A16t'VOIl,IIAI a✓r' n. Yf1l OM-0.G—YLl:AJC MIVJYS'Gtt tY1C Fv'LLtJVYtldts �adU itUdlUUtIC.1 if It VlTitaLlVfl as 1'tCC:@Ssalj�J:
I. Date original variance was granted: 2. Type of variance granted? ❑ Use. 0 Area
J. VdI.0 US ty94Si11 Vd{litl il.0 CX}.It{CU: II I . ,_,.,,
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 chal"Iged. Speci lcally dertlonstrate that enere have been no signi�cant changes on the site, in the
neighborhood, or within the circumstances upon which the original variance was granted:
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PAGF3
USE VARIANCE — PLEASE ANSWER THE FOLLOwANG (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 trust prove that the zoning regulations create an unnecessary
hardship in relation to that property. in seeking a use variance, New York State taw requires an applicant to prove all four of the following
1. That the applicant cannot xe <e a reasonable €inancia€ rat urn on ;n,'tttar invest ment €or as gurEffitlyuse on the property.
"Dollars & cents" proof must be submitted as evidence. The property in question cannot yield a reasonable return for the following
rea,.sans:.
A. Submit the followingfinancial evidence relatling 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 iar..ome generated from propect)n $
6) City assessed value: $ Equalization rate: Estimated Market Value: $
7) Appraised Value: $ .Appraiser. Date:
Appraisal Assumptions:
Revised 0IM22
Zb1vvvGBoiRD oFAPPs4L APPuc4 7oNFoRm
PAGE 4
B. Has proper rf been listed for sale with Eyes If "yes", for how long?
the Multiple Lasting 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? ®Yes ONo
If yes, describe frequency and name of publications:
3) Has the property .had a "For Sale" sign .posted on it? Oyes Mo
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 hardshiRrP3ating to this propeM is unique and does not apply to a substantiall 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:
ZoNING BoRRD oFAPPERLSAPPLIG4Tloly FoRm
PAGE5
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 Lofting 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 orone 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:
Rw,,4 4.AIMMI
ZONING BOARD OFAPPEALSAPPUCATION FORM
PAGE6
AREA VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
The applicant requests relief from tine following Zoning Ordinance article(s)
Dimensional Requirements District Requirement Requested
12 ft.X 16 ft.
Other:
To grant an area variance, the Z$A 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.
The only conceivable alternative would be to replace the current deck. The current deck size also requires an area variance
because of the t back ules.The deck needs to be r!aced, We were hoping to extendh iz that we would have !
more room to improve our enjoyment of the deck.
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 dhe following reasons:
Granting this variance will not create a detriment to the nearby properties. We do not have residential neighbors in the rear of our
home, The siahtiine from neichbodngpjgperties on the left and the right will not be obstructed by this subtle change to our
existing deck size.
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ZONING BOARD oFAPPmLSAPPUCA77oN FARM PAGE %
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
This is not a substantial request as we will simply be replacing existing landscaping with an extended deck. Aesthetically, the
same area will be used but for different purpose. Rather than having landscaping beds with shrubs that currently surround our
deck, we will have an extended deck.
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:
There are no environmental hazards expected. The deck extension WILL NOT disrupt sewer, water, drainage or any other utility.
There WILL NOT be any environmental impact resulting from this deck extension.
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:
N /A
A,�_4t....1 Pa(�InnY
ZONING BOARD OFAPPE4LSAPPUCA770N FORM
DISCLOSURE
PAGER
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
1/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.
applicant signature)
(applicant signature)
Date:
Date:
If applicant is not the currently the owner of the property, the current owner must also sign.
Owner Signature: Date:
Owner Signature: Date:
CITY OF SARATOGA SPRINGS
'! ZONING BOARD OF APPEALS
-47
Saga•S 35 NemrY&rk 3 _Sroro
�y TEL5718-587-3SSO X2533
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INSTRUCTIONS
APPEAL TO THE ZONING BoAstD FOR. AID
INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICATION, REQUIREMENTS
L ELIGIBIUTY:To apply for relief from the City's Zoning Ordinance, an applicant must be the property owner(s)
or lessee, or have an option to lease or purchase the property in question. The Zoning Board of Appeals (ZBA)
shall not accept any application for appeal that includes a parcel which has a written violation from the Zoning
and Building Inspector that is not the subject of the application.
2. COMPLETE SUBMISSIONS: Applicants are encouraged to work with City staff to ensure a complete application.
•
❑ Completed application pages I and 8, the pages relating to the requested relief (p. 2 for interpretation or
extension, pp. 3-5 for use variance, pp. 6-7 for area variance), and any additional supporting materials/
documentation. "HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED"
❑ Completed SEQR Environmental Assessment Form — short or long form as required by action.
http://www.dec. ny.gpv/dots/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.
3. APPLICATION FEE NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance".
REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT.
Check City's website (www.saratoga-springs.oM)
ZONINGBo.4RDAPPML APPLICATION INSTRUCTIONS
PAGr2
PUBLIC HEARING ADVERTISEMENT
The Zoning Board of Appeals is required to hold a public hearing on each submitted application within ninety (90)
days from when it is determined to be properly complete by City staff.
City staff will prepare a legal notice for the public hearing and arrange to have the public hearing
announcement printed in the legal notice section of a local publication at least 5 day_s before the hearing.
PROPERTY OWNER NOTIFICATION
Applicants are required to mail a copy of the public hearing legal notice to all property owners within the following
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 dais 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.
City of Saratoga Springs
OFFlCEOF PLANNINQ AND FCONOWC nEVEL.OPMF_NT FEES..- 2023
Comprehensive Plan amendment $1,800 + $300/acre
Zoning Ordinance amendment $800 + $300/acre
Planned Unit Development 1PUD) amendment SSM + SWDIaere
Area Variance - Residential
Area Variance - Non-residential
Post Work Application Fee
$350/1stvar+$50/app +$150/ea add variance
$100011st var + $50/app+ $200/ ea add varian
�l1JN r yJVl d'�JFf
Application Fee x 2 + $50/app
50% of ADDiication fee + S50/atm
Application to Design Review Commission
Demolition _.
$500
Residential Structures
Principal$70
Accessory
$70
Modification
$55
Mufti -Family, Comm, Mixed -Use Structures
Sketch
$200
Principal
$660
Extension
$250
Modification
$40a
Multi -Family, Comm, Mixed -Use Accessory, Signs, Awnings
Principal
$150
FxterkSLN i.
A,im
Modification
$150
Post Work Application Fee
Application Fee x 2
Application to Planning Board
Spearai use Permit
$12uu + $601app
Temporary Use Permit
$500
Special Use Permit - extension
$400
Special Use Permit - modification
$550 + $501app
Site Plan Review - incl. PUD:
Sketch Plan
$400 per sketch
Site Plan Full
Residential
$400 + $250/unit
Non-residential
$800 + $150/1000 sf
Adiiiinit;1* ve SPR
Residential
$400
Non-residential
$800
Extension
Residential
$250
Non-residential
$350
Subdivision - incl. PUD:
Sketch Plan
$400 per sketch
Preliminary Approval
o uoiiiai: :.�i iu,o
W7 .ay=vvinNM
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 + $2001lot + $501app
Non- Residential
$2,400/lot + $50/app
Final Approval Modification
Residentiat
440n .t $_ %!epp
Non- Residential
$800 + $50/app
Final Approval Extension
Residential
$250
Non- Residential
$350
Lot Line Adjustment/Subdivision Administrative Actioi $400
Letter of Credit - modification or extension
$400
Letter of Credit - collection
up to 1 % of WC
Recreation Fee
$2000/1ot or unit
Land Disturbance
$750+ $35hacre
Watercourse/Wetiand Permit
$750
2021 LAND USE BOARD FEE WORKSHEEf
OPED Fees Type
2021 Fee
Application toZoningBoardofAppeals[1.1DI
TOTAL #VARIANCE
Use Variance
_
$110_0+$50/app
Area Variance -Residential
$275 r+$50/app+$125 each add'ivarianceX""
Area Variance -Multi-Family, Comm, Mixed Use
$660/var+$50/app+$200eachadd'ivariance
Interpretations
$550+$50/app
Post -Work Application Fee
Add SC1%App Tee+$50/app
Variance extensions
50%ofApp fee+$50/app
Applicationto design Review Commission ill
TOTAL #STRUCTURE
Demolition
��—J$385
Residential Structures
Principal
$55
Accessory
$55
Extension
S35
Modification
$55
Mul ti-Family, Comm, Mixed -Use Structures
Sketch
$165
Principal
$550
Extension
$200
NI.Vd'iSc4-bon
$330
Multi -Family, Comm, Mixed -Use Accessory, Signs, Awnings
Principal
$140
Extension
$ 75
Modification
$14140
Post -Work Application Fee
Add 50%App fee
Application to Planning Board ]1)
TOTAL #STRUCTURE
Special Use Permit ]2]
$990+$50/app
Special UsePermit-extension
$330
Special Use Permit -modification [2]
$450+$50/app
SimPiartRevip..w.- [rwJ-PU4_.
Sketch Plan
$330
Residential
$330+$200/unit
Residential -extension
$200
Residential -modification
$400
Non-residential
$660+>730%iu00sf
Non -Residential -extension
$300
Non -Residential -modification
$650
Subdivision-incl.PUD:
TOTALL— #LOTS
Sketch Plan1$330
Preliminary Approval 12)
Residential: 1-5 lots
$660+$50/app
Residential: 6-10 lots
$990+$50/app
Residential: 11-20 lots
$1320+$501app
Residential: 21+lots
$1650+50/app
Residential -extension
+
>'Ssa
Final Approval 12j
Residential
_
$1320+$175/iot+$504pp
Non -Residential
$2000/lot+$SO/app
Final Approval Modification [2]
Residential
(—��$330+$50/app
Non -Residential
(j(j---���- _
$550+$50/app
Final Approval Extension
Residential
Non -Residential
rL_.—^—
$330
Other:
TOTAL #LOTIACRE
Post -Work Application Fee
Add 50%App fee
Lot Line Adjustment
$350
Letter of Cred it - modification or extension
$440
Letter of Cred it - collection
up to 1%ofLoC
Recreation Fee
$L11X/iotorunit
Land Disturbance
$660+$55/acre
SEQRAEIS Review (Draft & Final)
TBD
Legal Noticing if PB requires Public Hearing
$50/app
[1] Fees are based on per structure, except where noted. $0.O0 TOTAL DUE
R) Legal ad required; includesCity processingand publishing ForAdministrative Use
Total Paid at Intake
Balance Due
_J_/ Balance Paid Staffapproval
Locate deck, main building (including additions), any accessory structures, swimming pool, etc. Give all yard dimensions.
REAR LOT LINE
FT
REAR YARD
V
MAIN BUILDING
FT 3K
I FFT YARn RIGHT YARD
�a FT
FRONT YARD
FRONT LOT LINE
FEE CALCULATION
1. BASE FEE - $150.00 PER DECK
CALCULATION BY SQUARE FOOTAGE $.30 / SQ. FT. X
$150.00
$ 0.00
AREA IN SQ. FT.
TOTAL FEE AMOUNT = 150
(MAKE CHECK PAYABLE TO COMMISSIONER OF FINANCE)
PAGE 3OF4
REVISED 5/5/2022