Loading...
HomeMy WebLinkAbout20250155 13 Wiswall Area Variance Extension ApplicationDocusign Envelope ID: 2B293E61-ED6F-41A1-AEB6-EBFE9857EC3F :PTED** 1 Il IMVvvI - I I"IV / [ I "IV/ I1V1VV VVILL 14V1 UL/-�VVL CITY OF SARATOGA SPRINGS r. ZONING BOARD OF APPEALS CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 t na TEL: 518-587-3550 X2533 www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* John Witt Name 563 N Broadway Address Saratoga Springs, NY 12866 518-587-4113 Phone / Email Primary Contact Person: HApplicant It -UK urYK.t UJCI j 1 (Application #) (Date received) (Project Title) Check if PH Required Staff Review OWNER(S) (lfnot applicant) ATTORNEY/AGENT John Witt 563 N Broadway Saratoga Springs, NY 12866 518-587-41 ' , in/ Owner QAttorney/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: 0 Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 13 Wiswall Lane 165 44 1 47 1. Property Address/Location: Saratnna Snrinn.-, NY 19ARR Tax Parcel No.: - - _ (for example: 165.52 — 4 — 37) 2. Date acquired by current owner: Vacant 4. Present use of property: 3. Zoning District when purchased: U R-3 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? 4117123 For what? Area Variance ) 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: Convert to a two unit residential apartment with garage parking. 9. Is there an active written violation for this parcel? ❑ Yes 19 No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes e No 11. Identify the type of appeal you are requesting (check a// that apply): ❑ INTERPRETATION (p. 2) 17 VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) ❑ AREA VARIANCE (pp. 6-7) Revised 01/2021 Docusign Envelope ID: 2B293E61-ED6F-41A1-AEB6-EBFE9857EC3F ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE 2 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? r]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): 3 6/14/23 Date original variance was granted: Date original variance expired: 12/25/24 2. Type of variance granted? ❑ Use 0 Area S. Explain why the extension is necessary. Why wasn't the original timeframe sufficient? The extension is necessary because builder was working on other new construction projects which took longer than anticipated to complete. The original time frame was not sufficient due to unforeseen delays in other new construction projects. 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 significant changes have been made on the site, in the neighborhood, or within the circumstances upon which the original variance was granted. No construction has begun on the site and the surrounding buildings in the neighborhood remain the same as in the original application. Revised 01/2021 Docusign Envelope ID: 2B293E61-ED6F-41A1-AEB6-EBFE9857EC3F ZONING BOARD OFAPPEALSAPPLICAT/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". 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: $ Appraisal Assumptions: Revised 01/2021 Appraiser: Date: Docusign Envelope ID: 2B293E61-ED6F-41A1-AEB6-EBFE9857EC3F ZONING BOARD OFAPPEALSAPPUCAT/ON FORM PAGE 4 B. Has property been listed for sale with [3Yes If "yes", for how long? the Multiple Listing Service (MLS)? [QNo 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? If yes, describe frequency and name of publications: 3) Has the property had a "For Sale" sign posted on it? ❑Yes If yes, list dates when sign was posted: ❑ No Yes [--]No 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 01/2021 Docusign Envelope ID: 2B293E61-ED6F-41A1-AEB6-EBFE9857EC3F ZONING BOARD OFAPPEALSAPPL/CAT/ON 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 01/2021 Docusign Envelope ID: 2B293E61-ED6F-41A1-AEB6-EBFE9857EC3F ZONING BOARD oFAPPEALSAPPL/CAT1oN FORM PAGE 6 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: 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. 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 0112021 Docusign Envelope ID: 2B293E61-ED6F-41A1-AEB6-EBFE9857EC3F ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: 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 01/2021 Docusign Envelope ID: 2B293E61-ED6F-41A1-AEB6-EBFE9857EC3F ZONING BOARD OFAPPE4LSAPPLIG4 TION FORM DISCLOSURE 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? 0 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. D/IocuSigned by: �bU,In. M 2/27/25 WCO Date: (applicant signature) 2/27/25 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 Docusign Envelope ID: 2B293E61-ED6F-41A1-AE66-EBFE9857EC3F CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS Gi�ly Hait, - 474 f3roaa.d way 1 Soratcga�So-rE*L.gy, New-Yo-rkl12866 TeL. 518-587-3550 X2533 nJC�'?PGRATED �9\� • NIWIMSai'a D�a�-S�'%'�' 9S!0'Y9 INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REOUIREMENTS 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 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/perm its_e j_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 (,,A saratoQa-springs.or�) for meeting dates. Revised 01/2021 Docusign Envelope ID: 2B293E61-ED6F-41A1-AEB6-EBFE9857EC3F ZONING BOARD APPEAL APPLICATION MSTRucTIONS PAGE2 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 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 Docusign Envelope ID: 2B293E61-ED6F-41A1-AEB6-EBFE9857EC3F City of Saratoga Springs - City Hall - 474 Broadway Saratoga Springs, New York 12866 — j Tel:518.587-3550 www.saratoga-springs.org :cu ' Office of Planning & Economic Development 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 (1 & 2 Family) $350/1 st var +$50/app +$150/ea add variance Area Variance - 3+ Family and Commercial $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 Demolition $500 Residential Structures - 1 or 2 Family Principal or Accessory Structure Materials Change -roof, windows, siding $75 Fagade Change-removal/addition of windows, doors, porch $150 Addition or new construction $300 Approval Extension or Modification 50% of application fee 3 + /Multi -Family, Comm, Mixed -Use Principal or Accessory Structure Materials Change -roof, windows, siding, paint color $150 Signs, Awnings $150 Fagade Change-removal/addition of windows, doors, porch $300 Addition or new construction $650 Approval Extension or Modification 50% of application fee 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 Action $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 6 e - - *z� OG,1 CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS CrrY HALL - 474 BROADWAY vc�RpaRATEO �9,� SARATOGA SPRINGS, NEw YoRK 12866 518-587-3550 W ww. SARATOGA-SPRINGS.ORG 20230281 IN THE MATTER OF THE APPEAL OF John Witt 563 N. Broadway Saratoga Springs, New York 12866 Gage Simpson,Chair Brad Gallagher, Vice Chair Emily Bergmann Cheryl Grey Matthew Gutch Brendan Dailey JohnDaley,Alternate AliceSmith,Alternate from the determination of the Building Inspector involving the premises at 13 Wiswall Lane/Long Alley in the City of Saratoga Springs, New York being tax parcel number 165.44-1-47 on the Assessment Map of said City. The applicant having applied for an area variance under the Zoning Ordinance of said City to permit the construction of a two -unit residential apartment within the Urban Residential -3 (UR-3) District andpublic notice having been duly given of a hearing on application held on May 22nd, and June 12d', 2022. In consideration of the balance between benefit to the applicants with detriment to the health, safety and welfare of the community, I move that the following area variance for the following amount of relief: TYPE OF REQUIREMENT DISTRICT DIMENSIONAL REQUIREMENT PROPOSED RELIEF REQUESTED MINIMUM LOT SIZE 8000SQFT 3996SQFT 4004 FT 50.1% MINIMUM AVERAGE WIDE 2 FAMILY 80' 60' 20' (25%) MAXIMUM PRINCIPAL COVERAGE 40% 69% 29% 72.5% FRONT SETBACK 10, 2.2' 7.8 78% REAR 25' 9.9' 15.1' 60.4% INTERIOR SIDE 5' 0' S 100% MINIMUM TOTAL SIDE 12' 9' 3' 25% MIN PERMEABILITY 30% 20% 10% 33% As per the submitted plans or lesser dimensions, be approved for the following reasons: 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant is proposing to permit the renovation and construction of an existing structure in order to convert it to a two -unit residential apartment. The applicant was before a prior zoning board in 2003 and received an approval seeking the same requested variances. 2. The applicant has demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to the nearby properties. The applicant provided numerous nearby properties in the area that are comparable with the proposed renovation and furthermore, there will be no significant changes in neighborhood context. The variances being requested are mainly as a result of the position of the existing structure, the board finds that the proposed project will result in significant site improvement and contribute positively to the neighborhood. Page 1 of 2 3. Although the variances are substantial, they are not necessarily detrimental to the project, and are partially mitigated by neighborhood context. 4. The Board finds this variance will not have an adverse physical or environmental effect on the neighborhood. Impermeability will not be intensified as a result of the proposed project and site improvements. 5. The alleged difficulty is self-created insofar as the applicant's desire to construct the proposed addition, but this is not necessarily fatal to the application. Condition: The variance is in effect for this existing structure only and if the structure is demolished whether intentionally or accidentally this approval shall no longer apply. It so moved, dated: June 12Th 2023 Adopted by the following votes: AYES: 4 (G. Simpson, B. Gallagher, S. Gaston, B. Dailey) NAYES: 1 (C, Grey,) This variance shall expire 18 months following the filing 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, five members of the Board being present. ti SIGNATURE: CHAIR DEPT. Page 2 of 2 06/14/2023 DATE RECEIVED ACCOUNTS