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HomeMy WebLinkAbout20190786 Fleming Residence Application • [FOR OFFICE USEI •5 , CITYOF SARATOGA SPRINGS -- 474 6r (Application#) Sa•rai-olja,SpirbitAgs<, NeAArY ark/12866 Y * ... T 5'1.$-587-3550 fc 51s-580-6I4$0 ' (Date received) ORAT0 { APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* OWNER(S) (1f not applicant) ATTORNEY/AGENT Daniel J. and Jessica E. Fleming g Thomas Frost Frost Hurff Architects Address 75 Ludlow Street 41 Long Alley Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 518 584 7514 Phone 518 580 0037 Email jsscfleming a©yahoo.com tom@fharch.com 4 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 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION I. Property Address/Location: 75 Ludlow Street, SS Tax Parcel No.: 166 61 2 - 12 (for example: 165.52--4-.37) 2. Date acquired by current owner: 2005 3.Zoning District when purchased: UR3 4. Present use of property: Single family dwelling 5. Current Zoning District: UR3 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 0 Architectural Review District 0 500'of a State Park,city boundary,or county/state highway? 8. Brief description of proposed action: Partial kitchen addition and two porch additions to the existing dwelling. Construction of a detached 2-car garage. 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes No I I. Identify the type of appeal you are requesting(check all that apply) ❑ INTERPRETATION(p.2) 0 VARIANCE EXTENSION (p.2) 0 USE VARIANCE(pp.3-6) ®AREA VARIANCE(pp.6-7) Revised 01/2019 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2 FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below. ❑ interpretation $ 500 ❑ Use variance $1,Q00 FA Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 ❑ Extensions: $ 150 INTERPRETATION--PLEASE ANSWER THE FOLLOWING(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? ryes ENo 4. If the answer to#3 is"yes,"what alternative relief do you request?❑ 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 01/2019 ZONING BOARD OF APPEALS APPLICATION FORM PAGE3 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 01/2019 ZONING BOARD OFAPPEALSAPPL(CA TION FORM PAGE 4 B. Has property been listed for sale with [Des If"yes",for how long? the Multiple Listing Service(MLS)? II]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? EDYes ❑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 01/2019 BONING BOARD OF APPEALS APPLICATION FORM PAGE S 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 01/2019 ZONING BOARD OF APPEALSAPPLIC4TION 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) 2.0 Base Zoning Disricts Dimensional Requirements From To Side Yard-West (portion of exist. roof&new screen porch roof overhang) 4' 3.9' Front Yard-North (new screen porch roof overhang) 10' 9.5' Front Yard-East (pre-existing entry porch) 10' 6.3' Front Yard-East (new in-ground swimming pool) 10' 6.5` 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: . 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 location of the screened porch had no alternative in terms of existing dwelling layout. The west roof overhang is an extension of a pre-existing condition, a jog in the roof extension was not an option.The swimming pool-size is a requirement of the owner, and its proposed location provided the best configuration of yard space. 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 north setback variance is only 6". Most of the properties on that side of Caroline Street in the same block are closer to the PL than that, either with porches or buildings.The west setback is an extension of a one-story roof,that will not effect the neighborhood.The east pool setback represents the paved edge of the in-ground pool. Both that edge and the pool itself are at grade and have no visible mass, and will be behind the pool's 48"fence and shrubbery. Revised 01/2019 ti ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: None of the setback variances is substantial in terms of dimension or proposed building mass location.All setbacks are single story structures or at-grade paving, no substantial massing involved. 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: The screened porch addition on the north is typically located in the area of the neighborhood. and because it will read as an open porch, its mass will be minimal. the west roof overhangs are a non-issue.The east end of the swimming pool will not be raised above grade, and will normally not be visible from the street. 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: The difficulty in these requests is both the result of self-created decisions and the result of pre-existing conditions. Revised 01/2019 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 J Yes If"yes",a statement disclosing the name,residence and nature and extent of this interest must be filed with this application. APPLICANT CERTIFICATION If 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 th- members of the Zoning Board of Appeals and designated City staff to enter the property asso ' d with this application for . oses of conducting any necessary site inspections relating to this appeal. P-1/41:6 8/7/19 Date: (a p ica• si+nature) Date:8M19 (applican` signat e) If applicant is not the currently the owner of the property,the current owner must also sign. Owner Signature: Date: Owner Signature: Date: Revised 01/2019