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Home My WebLink About20250048 195 Lake Ave Area Variance ApplicationRevised $33/,&$7,21)25 ,17(535(7$7,2186(9$5,$1&( $5($9$5,$1&($1'259$5,$1&((;7(16,21 APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT Name Address Phone / / / 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: Owner Lessee Under option to lease or purchase PROPERTY INFORMATION 1. Property Address/Location: Tax Parcel No.: ________.______ - ______ - ______ (for example: 165.52 – 4 – 37 ) 2. Date acquired by current owner:3. Zoning District when purchased: 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? ) 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: Yes No Yes No ,VWKHUHDQDFWLYHZULWWHQYLRODWLRQIRUWKLVSDUFHO" Has the work, use or occupancy to which this appeal relates already begun? Identify the type of appeal you are requesting (check all that apply): INTERPRETATION (p. 2) VARIANCE EXTENSION (p. 2) USE VARIANCE (pp. 3-6) AREA VARIANCE (pp. 6-7) $SSOLFDQW 2ZQHU $WWRUQH\$JHQW3ULPDU\&RQWDFW3HUVRQ **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED**[FOR OFFICE USE] _____________BB $SSOLFDWLRQ _________BB_ 'DWHUHFHLYHG @@@@@@@@@@@@@@@@@@@@@@@@@@ 3URMHFW7LWOH &KHFNLI3+5HTXLUHG 6WDII5HYLHZBBBBBBBBBBBBBBB CITY OF SARATOGA SPRINGS =21,1*%2$5'2)$33($/6 &,7<+$//%52$':$< 6$5$72*$635,1*61(:<25. 7(/; ZZZVDUDWRJDVSULQJVRUJ 195 Lake Ave Saratoga Springs NY 12866 Erin Murphy & Anthony Naccarato Garrett Eaton - Kaydeross Construction 730 Geyser Road Ballston Spa NY 12020 emurphy67@gmail.com kayderossconstruction@gmail.com ✔ 195 Lake Ave 166 46 3 22 7/18/2024 UR3 Residence UR3 ✔ ✔ $PHQGLQJUHDUVHWEDFNIRUDUHDYDULDQFHIRUVHFRQGGZHOOLQJRQSURSHUW\DW/DNH$YHDVZHOODVUHOLHIRIDQDGGLWLRQDORIIVWUHHW SDUNLQJVSDFHIRUWKHVHFRQGGZHOOLQJ ✔ 917-612-4480 ✔ 518-496-0429 ✔ Revised ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2 IINTERPRETATION – 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? Yes 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: Appraisal Assumptions: Revised ZONING BOARD OF APPEALS APPLICATION FORM PAGE 3 UUSE 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: Revised 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)?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 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 5 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 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6 AAREAA VARIANCE – PLEASEE ANSWERR THEE FOLLOWING (add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements 'LVWULFW5HTXLUHPHQW 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 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: full bath in accessory building 0LQ/RW 6L]H VTIW 5HTXHVWHG We believe this will not be a detriment to the nearby properties or neighborhood. The intent of Erin and Anthony is to improve the accessory structure with a new, up to code building that will add to the neighborhood. The design will maintain the same footprint on the property of the current structure, and even eliminate the exterior stair case that currently is very close to the property line. This proposal will also make the structure much safer. ' 5325sf Min Avg Width 80'50' Rear Yard Setback 25' Reduce off-street parking requirement one space zero Erin and Anthony bought the home at 195 Lake Ave but need additional space for an office, and exercise/lounge area. They purchased the residence knowing the accessory building would provide the needed space. There is no other space in the primary residence to acheive the extra living space they need. Also, by making this a second dwelling they can gain the additional shower for their family. Rear Yard Setback 25'' Revised ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7 3. 4. Whether the variance will have adverse physical or environmental effects on neighborhood or district. The requested variance will not 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: Whether the variance is substantial. The requested variance is not substantial for the following reasons: Thefootprintofthestructure,andintendeduseofitwon'tchange.ErinandAnthonyarejustlookingforsomeextraspacefor theirfamily,andhavingasmallfullbathonthefirstfloorDVZHOODVXVHIXOORIILFHVSDFHRQWKHVHFRQGIORRUZLWKDGHTXDWH VWDLUVWRDFFHVVLWwillincreaseitsuseforthem. have an adverse physical or environmental effect on the neighborhood or district for the following reasons: TheproposedstructureZLOOPDLQWDLQWKHVDPHIRRWSULQWRIWKHFXUUHQWVWUXFWXUHEXWZLOOEHEXLOWXSWRFXUUHQWFRGHDQGEXLOGLQJ VWDQGDUGV,WZLOODOVRRQO\EHXVHGE\(ULQDQG$QWKRQ\DQGWKHLUIDPLO\VRWKHXVHRIWKHSURSHUW\ZRQ WKDYHDQ\DGYHUVH LPSDFWRQWKHQHLJKERUKRRG Erin and Anthony both work from home, and have a daughter in college which did create this difficulty. They purchased 195 Lake Ave knowing this accessory structure would be a great way to create needed usable space. Revised 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 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. Date: (applicant signature) 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: pp (applicant signatu ✔ Anthony Naccarato (Feb 19, 2025 20:30 EST) 19/02/2025 Erin Murphy (Feb 19, 2025 20:32 EST) 19/02/2025 195 Lake Ave_App_3.3 Meeting Final Audit Report 2025-02-20 Created:2025-02-19 By:Garrett Eaton (kayderossconstruction@gmail.com) Status:Signed Transaction ID:CBJCHBCAABAA4ZFeqspSt6u-_oTMfZYD5emKMSFx_eHN "195 Lake Ave_App_3.3 Meeting" History Document created by Garrett Eaton (kayderossconstruction@gmail.com) 2025-02-19 - 7:28:03 PM GMT Document emailed to Erin Murphy (emurphy67@gmail.com) for signature 2025-02-19 - 7:28:24 PM GMT Document emailed to Anthony Naccarato (anthonyn7@yahoo.com) for signature 2025-02-19 - 7:28:25 PM GMT Email viewed by Anthony Naccarato (anthonyn7@yahoo.com) 2025-02-20 - 1:27:46 AM GMT Document e-signed by Anthony Naccarato (anthonyn7@yahoo.com) Signature Date: 2025-02-20 - 1:30:13 AM GMT - Time Source: server Email viewed by Erin Murphy (emurphy67@gmail.com) 2025-02-20 - 1:30:54 AM GMT Document e-signed by Erin Murphy (emurphy67@gmail.com) Signature Date: 2025-02-20 - 1:32:24 AM GMT - Time Source: server Agreement completed. 2025-02-20 - 1:32:24 AM GMT