Loading...
HomeMy WebLinkAbout20240977 722 N Broadway 49-51 Bryan Garage Construction Application**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" I . -L-1-k , fib' ��(-�' R YCp�"0RATED Name CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 TEL: 518-587-3550 X2533 www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S) OWNER(S) ff not ap �Izcand Robert J. Klein and Margreth J. Brontoli P 0 Box 1000 Address Long Beach, NY 11561 (516) 672-8881 Phone brontokleinus@aol.com Email Primary Contact Person: nv Applicant (FOR OFFICE USE] U M 1501 ?-T (Application #) (Date received) (Project Title) Check if PH Required Staff Review ATTORNEY/AGENT []Owner nAftorney/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 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 722 N Broadway / 49-51 Bryan Street 165.28 2 20 1. Property Address/Location: 5/12/2015 2. Date acquired by current owner: Residence 4. Present use of property: Tax Parcel No.: - (for example: 165.52 — 4 — 37) L1R1/LIR2 3. Zoning District when purchased: LIR1/UR2 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? For what? ID No 7. Is property located within (check all that apply)?: 10 Historic District 2 Architectural Review District 0 500' of a State Park, city boundary, or county/state highway? Construct a garage in the prior historic location of a garage on the Bryan Street 8. Brief description of proposed action: frontage of the property which is the southeast corner of the lot. The prior gaga collapsed some decades ago and has not been previously rebuilt. 9. Is there an active written violation for this parcel? 0 Yes 19 No 10. Has the work, use or occupancy to which this appeal relates already begun? El Yes No 11. Identify the type of appeal you are requesting (check all that apply): 0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) OUSE VARIANCE (pp. 3-6) 2 AREA VARIANCE (pp. 6-7) Revised 01/2021 ZONING BOARD oFAPPEALsAFPL1cAT1oNFoRm PAGE 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? MYes ❑No 4. If the answer to #3 is "yes," what alternative relief do you request?0 Use Variance ❑ Area Variance EXTENSION OF A VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 1. Date original variance was granted: 3. Date original variance expired: 2. Type of variance granted? ❑ Use ❑ Area 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 01/2021 ZONINGBOARD OFAPPEALSAPPL1cAT1oNFORM 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". 1. 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): 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: $ 5) Annual income generated from property: 4) Annual taxes: $ 6) City assessed value: $ Equalization rate: Estimated Market Value: $ 7) Appraised Value: $ Appraiser:- Date: Appraisal Assumptions: Revised 01/2021 ZoNmGBoA,TD oFAPPEALsAPPLIcATIoNFoRm /AmE4 ' B. Has property been listed for sale with [_Yes for how long? the Multiple Listing Service (MLS)? UoNo |) Original listing date(s)' Original listing price: If listing price was reduced, describe when and towhat extent: 2)Has the property been advertised inthe newspapers orother publications? DYes E]No /fyes, describe frequency and name cfpublications: 3)Has the property had a"For Sa|e^sign posted onit? E]Yes No Ifyes, 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 proRerty is unique and does not apply to asubstandu| 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 01/2021 ZONINGBOARD OFAPPEALSAPPLICAT1oNFORM PAGES 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. Thehardshiphas not been self-created for the following reasons: Revised 01/2021 ZONING BOARD oFAPPEALSAPPLICATION FORM PAGE 6 AREA VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 3 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements Frontsetbackfrom Bryan Street Side setback (Existing carriage houses on Bryan Street have 0 foot front setbacks) Other: District Requirement Requested 0 ft. 5 ft. 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 are not feasible. Placement of a garage on the Broadway frontage is not consistent with the historic district in which the property is located. 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: It will be visually consistent with the other carriage houses and structures on the street. Additionally, there had been a garage at the location where we are proposing to have this one erected. It had been present for the majority of the time that the house has een in existance and would be consistent with the past historical character—o -te street and neighborhood. Revised 01/2021 ZONINGBOARD oFAPPEALSAPPLIcATIoNFORN PAGE 7 3. Whether the variance is substantial. The, requested variance is not substantial for the following reasons: We are not requesting that a new element be introduced that would not be consistent with the past historic use and appearance of the property. 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 previously was a similar structure as the one being proposed which was part of the physical and historic environment of the neighborhood. This is just being restored with this rconstruction. 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: There has been no element of this proposal that resulted from any self-created difficulty. Revised 01/2021 ZONINGBOARD oFAPPEAL5APPLIcAT1oNF68M DiSCI OSIJRF PAGE B Does any City officer, employee, or family member thereof have a financial interest (as defined by General Municipal Law Section 809) in this application? ONo []Yes If "yes", astatement 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. 11/15/2024 ` Date: (applicant si nature) 11 /15/2024 Date: (applicant signature) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature: Date: Date: Revised 01/2021 ZONING BOARD APPEAL APPLIcA TIoN lNmucnoNs PAGE 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 days 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 clUs 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 01/2021 City of Saratoga Springs OFFICE OF PLANNING AND ECONOMIC DEVELOPMENT FEES - 2023 Comprehensive Plan amendment $1,800 + $300/acre Zoning Ordinance amendment $800 + $300/acre Planned Unit Development (PUD) amendment $800 + $300/acre AP21ication to Zoning Board of Appeals Use Variance $1,400 + $50/app Area Variance- Residential $350/1st var+$50/app +$150/ea add variance Area Variance - Non-residential $1000/1 st var + $50/app+ $200/ ea add variance Interpretations $650 + $50/app Post Work Application Fee Application Fee x 2 + $50/app Variance extensions 50% of Application fee + $50/ap2 A lication to Desi n Review Commission Demolition $500 Residential Structures Principal $70 Accessory $70 Extension $35 Modification $55 Multi -Family, Comm, Mixed -Use Structures Sketch $200 Principal $650 Extension $250 Modification $400 Multi -Family, Comm, Mixed -Use Accessory, Signs, Awnings Principal $150 Extension $100 Modification $150 Post Work -Application Fee AP21ication Fee x2 Application to Planning Board Special Use Permit $1200 + $50/app Temporary Use Permit $500 Special Use Permit -extension $400 Special Use Permit - modification $550 + $50/aep Site Plan Review - incl. PUD: Sketch Plan $400 per sketch Site Plan Full Residential $400 + $250/unit Non-residential $800 + $150/1000 sf Administrative SPR Residential $400 Non-residential $800 Extension Residential $250 Non-residential $350 Subdivision-incl. PUD`. Sketch Plan $400 per sketch Preliminary Approval Residential: 1-5 lots $700 + $50/app 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 + $200/lot + $50/app Non- Residential $2;400/lot+ $50/app Final Approval Modification Residential $400 + $50/app Non- Residential $800 +$50/app Final Approval Extension Residential $250 Non- Residential $350 Other: Lot Line Adjustment/Subdivision Administrative Actioi $400 Letter of Credit - modification or extension $400 Letter of Credit- collection up to 1 % of LoC Recreation Fee $2000/lot or unit Land Disturbance $750 + $35/acre Watercourse/Wetland Permit $750 SEORA EIS Review Draft & Final TBD OPED Fees Property 49-51 Bryan St/722 N. Broadway Address: File # 393 SBL:165.28-2-20 Zone: UR-2 Occupancy: R Min -Lot Size: Project Type: Garage Min Avg Width: Dwelling Units- 1 Max Combined Coverage %: Stories: 3 Yard Setback --Front: Const.Type: Accessory Rear: Side 1: Water Service: Side 2: ZBA: Yes Total Side: DRB: Yes Corner Side: Max Height: ROOMS: Accessory to Front: BR: Accessory to Side: BATH: Accessory to Rear: FIREPLACE: Max First Floor Elev: Max Impervious%: APP # 20240977 Zone Req Approved Variances Proposed Variance Numeric Variance Percent 6600 27000 OK OK 60 90 OK OK 40% 21.2% OK OK 10 44 OK OK 25 178 OK OK 8 14 OK OK 8 6 2 25.0% 20 20 OK OK 10 10 100.0% 40 OK OK 10 0 10 100.0% 5 0 5 100.0% 5 100 OK OK 4 OK OK 70% 30% OK OK Area For Fee: 0 Fee, per SO FT $ 0.35 Lot Width 90 Lot Length 300 SF Fee $ - Total Coverage 5714 Base Fee $ 175.00 Zone 1 Length 50 Zone 1 Width 42 Principle Total Fee $ 175.00 Zone 2 Length 20 Zone 2 Width 13 Car Port Zone 3 Length 20 Zone 3 Width 5 Cvd. Ft. porch Amount Paid $ - Zone 4 Length 6 Zone 4 Width 22 Cvd. side. porch Balance Due $ 17500 Zone 5 Length 6 Zone 5 Width 7 Machince shed Zone 6 Length 55 Zone 6 Width 56 Carriage House Area Calculation: Basement First Floor Front Porch Rear Porch Garage Second Floor Total 0 Questions: Driveway width (10.4.D)? Existing sidewalk? Is new sidewalk required (Section 18,5)? Front Door faces street (Section 8.4.KK.2.a)? front loaded garage width (Section 8.4.KK.2.d)? front facade has at least 10%transparency (Section 8.4.KK.c)? A current property survey or site plan to scaled which incorporates a zoning analysis is required for delineating the proposed site of the house and any additions, etc. This survey should detail all setbacks from property boundaries and any easements, building extensions, decks, porches, steps, roof overhangs, and chimneys, to evaluate adherence to zoning regulations. A final survey will be required to verify zoning compliance. j Approx. Approx. Approx. Approx. Approx. Existing N/A N/A Approx. N/A Approx. M 1:17 tc.`� NO, u � t s,5 to i'4•i-vr v-�p�s'�'�"a%�' �..3a { v aw.a�a-y�""` 'r' K -° sue• 3 •+',A . nib"` 3x