HomeMy WebLinkAbout20250038 64 Dyer Switch Recreation Area Variance Extension Application **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** �FOROFFICEUSE�
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�,��:;,. `�� CITY OF SARATOGA SPRINGS (Application#)
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� � ZONING BOARD OF APPEALS
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'' -� , `" i CITY HALL-474 BROADWAY (Date received)
�� � SARATOGA SPRINGS, NEW YORK 12866-2296
:�.:�'• � TEL: 518-587-3550 X2533
"`ORpoRAT�o ,a``' www.saratoga-springs.org
(Project Title)
APPLICATION FOR: ❑
INTERPRETATION, USE VARIANCE, Check if PH Required
AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review
APPLICANT(S)'� OWNER(S��/fnot applicant� ATTORNEY/AGENT
Prince Farms/64 Dyer Switch Rd (same as Applicant) The LA Group, attn. C.M. Ingersoll
Name
6 Balmain Ct. 40 Long Alley
Address
Saratoga Springs, NY 12866 Saratoga Springs, NY 12866
(518)222 �6079 � (518) 587 � 8100
Phone
lisaannekelling@me.com mingersoll@thelagroup.com
Email
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: m Owner ❑ Lessee ❑ Under option to lease or purchase
PROPERTYINFORMATION
64 Dyer Switch Rd. 180 10 1 5
I. Property Address/Location: Tax Parcel No.: - -
(for examp/e: 165.52—4—37)
01/2023 R R
2. Date acquired by current owner: 3.Zoning District when purchased:
Single Family Residential RR
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes(when? Fi�ni�n�� For what?nr9�ari�a ,�nrg )
� No
7. Is property located within (check all that apply)?: ❑ Historic District ❑Architectural Review District N�p
❑ 500'of a State Park, city boundary, or county/state highway?
Request for an area variance extension (the original area variance was for an
8. Brief description of proposed action:
accessory use that relates to the desire to construct a personal recreation game court on a through-lot with two front yards.)
9. Is there an active written violation for this parcel? ❑Yes � No
10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes �No
11. Identify the type of appeal you are requesting(check al/that apply):
❑ INTERPRETATION �P. 2� �VARIANCE EXTENSION �P. 2� ❑ USE VARIANCE �PP. 3-6� ❑AREAVARIANCE�PP. 6-7�
Revised Ol/2021
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE Z
INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary�: N�A
I. Identify the section(s)of the Zoning Ordinance for which you are seel<ing 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? �Yes ❑No
4. If the answer to#3 is "yes,"what alternative relief do you request?❑ Use Variance ❑Area Variance
EXTENSION OF A VARIANCE—P�EASE ANSWER THE Fo��OWING(add additional information as necessary):
10/26/2023
I. Date original variance was granted: 2. Type of variance granted? ❑ Use 0 Area
4/26/2025
3. Date original variance expired: *The applicant requests an 18-month extension(10/26/2026)
5. Explain why the extension is necessary.Why wasn't the original timeframe sufficient?
Tha anrlir.ant ic caaking an extancinn rlua tn tha far.t that final�lacign nlans ha�ia nnt haan r.nm In PtPCI, anrl a hiiilrling�ermit hac nnt
been obtained. Therefore, project construction has not begun. Final design planning as well as contractor availability will not align with
the sunset date of the original approval. The applicant is seeking an extension of 18 months and does not request any modification of
the variances granted other than an extension of time.
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:
No substantial changes have occurred within the neighborhood or on the property since the date when the original variance was
granted (10/26/2023).
Revised Ol/2021
N/A
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE.�
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¢s"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 O1/2021
N/A
ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE�{
B. Has property been listed for sale with �Yes If"yes",for how long?
the Multiple Listing Service(MLS)? [QNo
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? ❑Yes ❑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 Ol/2021
N/A
ZONING BOARD OFAPPEALSAPPLICATION 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 properry
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 I<now)the conditions for which the applicant is seel<ing relief.The hardship has not been self-created
for the following reasons:
Revised Ol/2021
N/A
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE G
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements District Requirement Requested
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:
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.
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:
Revised Ol/2021
N/A
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
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:
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:
Revised Ol/2021
ZONINGBOARDOFAPPfALSAPPVCATIONFORM PAGEB
DISCLOSURE
Does any City offcer,employee,or family member thereo(have a financial incerest(as defined by General Municipal Law Section 809)in
[his application? m No �Yes If"yes",a statement disdosing the name,residence and nature and extent of this interest must be filed
wi[h this application.
APPLICANT CERTIFICATION
I/we,the property owner(s),or purchaser(s)/lessee(s) under contraU, oi the land in question,hereby request an appearance before
the Zoning Board of Appeals.
By the signature(s)attached hereto, I/we certify chat 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 o(the Zoning Board of Appeals and designa[ed Ciry staff to enter the property
associared with this application for purposes of conducting any necessary site inspections relating ro this appeal.
\ �
L'� —E A Date: � �
(applican[signature)
Date:
(applicant signamre)
I(applicant is not the currently the owner o(the property, ihe current owner must also sign.
Owner Signature: Date:
Owner Signature: Date:
Revised 012021
,��`L�OG:1
CI,I,Y ��, SARA,I,�GA Gage Simpson,Chair
�,�`�� `S�'r Brad Gallagher,Vice Chair
• �� i `; SPRINGS Cheryl Grey
� �r �� � � �1_ Emily Bergmann
' � ZONING BOARD OF APPEALS Shafer Gaston
�r•� , • J Brendan Dailey
� � �,� �•� ' JohnDaley,Alternate
CITY HALL-4�4 BROADR'AY
^c�NpORqTEU ,Q h SARATOGA SPRINGS,1�ER'1'ORKI2g�� E�I1CeSri11tI1,f�Jf2YJ?LTI2
518-587-3550
R'R'R'.SARATOGA-SPRINGS.ORG
20230473
1N THE MATTER OF THE APPEAL OF
Prince Farms/64 Dyer Switch
6 Balmain Court
Saratoga Springs, NY 12866
From the determination of the Building Inspector involving the premises at 64 Dyer Switch in the City of Saratoga
Springs, New York being tax parcel number 180-10.1.5 on the Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to seek relief to construct a tennis
court with a fence to new construction in the RR District and public notice having been duly given of a hearing on
said application held on September 25 and October 23, 2023
In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of
the community, I move that the following area variance far the following amount of relie£
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
MAXIMUM FENCE HEIGHT(BALMAIN CT) 4' 10' 6' (150%)
(RECREATIONAL COURT AREA ONLY)
MAXIMUM FENCE HEIGHT 6' 10' 4' (66.7%)
(RECREATIONAL COURT AREA ONLY)
MAXIMUM IMPERMEABILITY 25% 30% 5% (20%)
RECREATIONAL COURT IN FRONT YARD NOT PERMITTED PERMITTED 100%
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The Board finds that the applicant has demonstrated this benefit cannot be achieved by other means feasible
to the applicant. The applicant demolished and is constructing a new residence and wants to build a tennis
court for personal use on the property. The property has two fronts; one on Balmain Court and one on Dyer
Switch Road and the applicant states that the position of the tennis court on Balmain Court is the only
position that will wark on the property. The applicant also wants the tennis court to be fenced in by a 10'
high fence which is standard on this recreational facility. The applicant also states that no other setbacks
will be required for the construction of a new residence.
2. The Board finds that the applicant has demonstrated that granting this variance will not create an undesirable
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change in neighborhood character or detriment to nearby properties. The applicant proposes a chain link
fence with shrubbery on the Balmain Court frontage to conceal the tennis court and fencing from the
neighbors.
3. The Board finds the variances to be substantiaL However, due to the fact that the lot has two fronts and is
in the Rural Residential district requiring no recreational courts in the front yard, there would be no other
position far the court to be located. The fencing is a requirement of the tennis court and can only be
constructed at 10' around the tennis court.
4. This Board finds this variance will not have significant adverse physical or environmental effect on the
Neighborhood or district.
5. The alleged difficulty is self-created insofar as the applicant desires to construct a new tennis court, but this
is not necessarily fatal to the application.
Dated: October 23,2023
Adopted by the following votes:
AYES: 5 (G. Simpson, C, Grey, S. Gaston, B. Dailey, B. Gallagher)
NAYES: 0
This variance shall expire 18 months following the �ling date of such decision unless the
necessary building permit has been issued and actual construction begun as per the Unified
Development Ordinance.
I hereby certify the above to be a full, true and correct copy of a resolution duly adopted by the
Zoning Board of Appeals of the City of Saratoga Springs on the date above mentioned, �ve
members of the Board being present.
a
SIGNATURE: 10/26/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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