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Home My WebLink About20250084 43 Forest Ave Area Variance Application **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** [FOR OFFICE USE] N'T0G_q CITY OF SARATOGA SPRINGS (Application#) o ZONING BOARD OF APPEALS s CITY HALL-474 BROADWAY (Date received) r _ x SARATOGA SPRINGS, NEW YORK 12866-2296 TEL: 518-587-3550 X2533 cO�poRnrtio `�` 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) ffnotapplicant) ATTORNEY/AGENT Dennis and Margaret deJonghe Name 43 Forest Ave Address Saratoga Springs, NY 12866 518-368-9082 Phone MDJ731 @gmail.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 PROPERTY INFORMATION 43 Forest Ave, Saratoga Springs 166 38 2 92 1. Property Address/Location: Tax Parcel No.: - - (for example.- 165.52—4—37) 2017 UR5 2. Date acquired by current owner: 3.Zoning District when purchased: owner residence UR1 4. Present use of property: 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? ❑Yes(when? For what? ) 0 No 7. Is property located within (check all that apply)?: ❑ Historic District ❑Architectural Review District ❑ 500'of a State Park,city boundary,or county/state highway? 8. Brief description of proposed action: To construct an accessory structure(detached 2 car garage)to the right(East)side of the house and request an additional 20' set back. 9. Is there an active written violation for this parcel? ❑Yes it 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 all that apply): ❑ INTERPRETATION (p. 2) ❑VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 2 AREA VARIANCE(pp.6-7) Revised 01/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE Z INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): 1. 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?❑ Use Variance ❑Area Variance EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): 1. 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 01/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON 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". 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:$ 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 01/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 4 B. Has property been listed for sale with ❑Yes If"yes",for how long? the Multiple Listing Service(MLS)? [E]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? [--]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 O1/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM 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.The hardship has not been self-created for the following reasons: Revised O1/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): Article 3, Section 3.1.0 (UR-1) The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested a 66.7% reduction in the required area 30'setback 20'variance 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: 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. In order to acheive the proper depth for a garage there is no alternative to the design. Changing the direction or attaching the garage it will still extend past the required setback. 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 neighboring properties on Forest Ave approaching our home from the South have a 10 foot set back. The roof line will match the same pitch as the home and the design will be sympathetic to the ranch character of the home built in Revised 01/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The additional structure will still maintain a significant set back of 10'-2".Additonally, there is a considerable buffer easement from the property line to the actual street. 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 relief requested will have no physical or environmental impact on the neighborhood. It will not increase traffic or add any polution.Aesthetically, it will blend with the neighborhood and the current ranch home matching the same height and pitch for the ii oof line.Addot'a"I Y, no t,ees will be,e,, oved cli id it will be p,ofessio,icilly landscaped. 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 need for this variance was not self-created. When we originally purchased our home it was zoned as UR5 and similar to the to the increased costs and availability of material due to the pandemic. Now that we are finally in a postion to build the zoning has changed. Adding this garage will improve the value of our property and will compliment the style of our home. Revised 01/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE B 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? m 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 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. 1/27/2025 Date: (applicant signature) 1/27/2025 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 01/2021 CITY OF SARATOGA SPRINGS 1 ✓ ZONING BOARD OF APPEALS .°2tt yr, ��- = Gvty Ha.(1, - 474 13roa-Aw So-ra,- ga,Spri"v ,, N&tA Yc-rk1128 io(o Tet.- 518-587-3550 X2-533 ��kPORATE4 �� W-y�/-w:yGL{�G�'O�GV—y�1rlM�y.O'Yg INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS 1. 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 1 original and 1 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". REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT. Check City's website (www.saratoga-springs.org) for meeting dates. Revised 01/2021 ZONING BOARD APPEAL APPLICATION MTRUCTIONS PAGE Z 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 days but not more than 20 das 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 Application to City Council FEE Comprehensive Plan amendment $1,800+$300/acre Zoning Ordinance amendment $800+$300/acre Planned Unit Development PUD amendment $800+$300/acre Application to Zoning Board of Appeals Use Variance $1,400+$50/app Area Variance-Residential $350/1 st 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/app Application to Design 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 Application Fee x 2 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/app 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 SEQRA EIS Review(Draft&Final) TBD OPED Fees 5 Page 1 of 1 Short Environmental Assessment Form Part I -Project Information Instructions for Completing Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1—Project and Sponsor Information Dennis deJonghe Name of Action or Project: detached garage Project Location(describe,and attach a location map): 43 Forest Ave Saratoga Springs,NY 12866 Brief Description of Proposed Action: construct an accessory structure next to our home Name of Applicant or Sponsor: Telephone: 518-368-9082 Dennis deJonghe E-Mail: MDJ731@gmail.com Address: 43 Forest Ave City/PO: State: Zip Code: Saratoga Springs NY 12866 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval:buildiong permit from Saratoga Springs City Building Dept. ❑ 3. a. Total acreage of the site of the proposed action? 0.27 acres b.Total acreage to be physically disturbed? 0.013 acres c. Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.27 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: ❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial 0 Residential(suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ ❑ ❑ b. Consistent with the adopted comprehensive plan? ❑ ❑ ❑ NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? ❑ ❑✓ 7. Is the site of the proposed action located in, or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ❑� ❑ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑ ❑ b. Are public transportation services available at or near the site of the proposed action? ❑ ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: will not be needed ❑� ❑ 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the ❑ Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ ❑ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? ❑ ❑ b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Page 2 of 3 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional ❑Wetland ❑ Urban 0 Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? 16. Is the project site located in the 100-year flood plan? NO YES ✓❑ ❑ 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, Z ❑ a. Will storm water discharges flow to adjacent properties? ❑ ❑ b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑ ❑ If Yes,briefly describe: 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: ❑ ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes,describe: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Dennis deJonghe Date:1/27/2025 Signature: Title:owner PRINT FORM Page 3 of 3 e '\ J j W GARgGF 1 O v i N- 8, �I W \ e � W �➢ EX�Sr�NG HOUSE \ `\ I U � c, d 06 ro 00 :\ ,__, w o L.._..�..�..�.._.. N89` 49' �.� ?._..........._.._....._.._.._....._.._.._.._.._..J z N �w w� LOT SQUARE FOOTAGE: 11 ,761 sq ft. 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