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HomeMy WebLinkAbout20190849 Oplinger Residence Application CITY OF SARATOGA SPRINGS 44 ',. a ZONING BOARD OF APPEALS G VI-9 Ho L J - 474 6 ro-a-oknta-y j v ` Sara ga' New-Yo-rk/12866 , .` Tel: 518—587-3550 j 518—580-9480 CiftPOA O INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS I. ELIGIBILITY: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.The ZBA will only consider properly completed applications that contain I original and I digital version of the following: ❑ 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.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. 3. APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $500 ❑ Use variance $1,000 ❑ Area variance - Residential use/property $200 - Non-residential use/property$600 ❑ Extensions $150 Check City's website (www.saratoga-springs.org) for application meeting dates. Revised 01/2019 ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE 2 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 Saratogian legal notices at least 5 days before the hearing. Applicants must pay The Saratogian for the legal ad and present proof of payment to the ZBA prior to the public hearing. If proof of payment is not presented prior to the hearing, the hearing will be cancelled. 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 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. Revised 01/2019 [FOR OFFICE USE] KT 0 ` CITY OF SARATOGA SPRINGS (Application#) r_ Gvhy - 474 f3 774‘V. . 5 Sar a,S y N Jnr Yo-rk,12.8 66 Tth 518-587-3550 518-580-9480 (Date received) 'PoRATED APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT Samuel and Lauren Oplinger Name 28 Bog Meadow Run Address Phone 312 350 4292 samueloplinger©gmail.com 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: IZ Owner 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 28 Bog Meadow Run 154 -2 -28 I. Property Address/Location: Tax Parcel No.: -(for example: /65.52-4-37) 7/25/2019 Rural Residential 2. Date acquired by current owner: 3.Zoning District when purchased: Primary Residence Rural Residential 4. Present use of property: 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? IZ Yes (when? 9/3/2003 For what?Same Request 0 No 7. Is property located within (check all that apply)?: 0 Historic District 0 Architectural Review District 0 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: Request to keep a carport structure built too close to neighboring property line at 5 instead of 30 feet because of lot layout, forested areas and elevation. Used to obscure parked cars from view in order to preserve the aesthetic and natural serenity of the neighborhood. 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes 12i No 10. Has the work, use or occupancy to which this appeal relates already begun? E Yes No I. Identify the type of appeal you are requesting (check all that apply): 0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) 0 USE VARIANCE (pp. 3-6) 0 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 $1,000 IZ 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? EYes ❑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): I. 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: Revised 01/2019 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". . 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 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)? C❑No I)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? IYes ❑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 ZONING 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 APPEALS APPLICATION FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): 240-2.6 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements From To Feet from property line 30 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. Land cannot be purchased because the neighbors parcel can't be split into an area less than 2 acres under rural residential zoning code. Moving the structure would cause disturbance to the neighbors and would result in a lack of symmetry visible from the street, which would reduce the appeal of the neighborhood. Out of necessity, cars will be parked there anyway; this carport just ensures they are in a pretty box that hides them from view. Previous owners looked into building it on the other side of the house or further back from the street. I've included a diagram showing elevation on the other side of the house. It is too steep to have built the carport on the hill that makes up the most of our lot. Many large trees would have to be removed and preserving trees where possible is an imperative to environmental preservation,which we dearly value. None were removed during the construction of the carport, as it is. Building the carport further back on the same side was prohibited by the septic tank and leach lines which cars would be driving directly over. 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: First, let me say that with your patient help on my most recent visit, I now understand and dearly appreciate the reasoning for the setback requirement. If I had 2 acres of grassland and the neighbors erected a big ugly woodshed and created an eyesore that conferred a termite problem in my main house... I'd be filing complaints and looking for some protection from the zoning committee. Our situation is just a bit different.All the neighbors prefer the carport to be there and have signed a letter to that effect. Cars are going to be parked there and were before the carport's construction. Two or three variously bright colored automobiles would be visible from the street and from the vantage point of our neighbors. The carport serves to hide them in a wooden structure tucked deeply into the primarily evergreen woods, where it really blends in. It is nicely aligned with the lines of ours and the neighbor's house. Having a"neat"place to hide cars reduces light and noise from our comings and goings. And it looks nice from the street. Revised 01/2019 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: I appreciate that an area variance from 30 to 5 feet is more significant, on paper, than a variance from 30 to 29. If it were a three story water tower, or something, it would be a substantial variance. I have included a number of pictures that will hopefully illustrate that the position, nature and materials of the structure merely solve an aesthetic problem that would be present without it. such a rule even applied to the carport. The previous owner's of the property next door welcomed its construction, and our current neighbors want it to stay in place. I have included signatures to that effect from both parties, as well as all the owners in our development. It is a simple carport that serves a purpose to the community and as such is not substantial. 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 variance will allow the structure and the trees around it to be left undisturbed, whereas removal will leave an unsightly gap in the natural growth of the forest in which it is hidden and make parked cars considerably more visible to neighbors. 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 owner at the time of the carport's construction wasn't aware the setback requirement would apply to a carport and was simply trying to solve a problem. He was made aware after its construction. During the process of purchasing this property, I was made aware that there was some sort of problem with the carport's timelines of the previous owners and their relocation. 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? IZI No 0 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. Digitally signed by Samuel 08/13/2019 Samuel Oplinger Oplinger Date:2019.08.13 09:59:12-04'00' Date: (applicant signature) Digitally signed by Lauren Oplinger 08/23/2019 Lauren Oplinger Date:2019.08.23 12:51:03-04'00' 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 01/2019 ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING APPLICANT: TAX PARCEL NO.: - - PROPERTY ADDRESS: ZONING DISTRICT: This applicant has applied to use the identified property within the City of Saratoga Springs for the following: This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s) .As such,the following relief would be required to proceed: ❑ Extension of existing variance 0 Interpretation ❑ Use Variance to permit the following: ❑Area Variance seeking the following relief: Dimensional Requirements From To Other: Note: ❑Advisory Opinion required from Saratoga County Planning Board ZONING AND BUILDING INSPECTOR DATE Revised 01/2019