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Home My WebLink About20180242 Brasseur Residence Variance Extension !FOR OFFICE USE1 CITY OF SARATOGA SP' aft ei- a i9joitt •:* 6 if 1 IL tb &j 11 V E ..ication#) ,-- - , C4.449 1-164.41 - 474- 13r,0 0 If S .,--! -_, .....( ir - fp\ Sairalpga-,Sprixt.g.kAl , tiiv-York, . 24'866 1 ID 1 °ci I I 4 . ....,-.vr . 1-etz Si 8-58 7-3550 fale.2 5,18 .%)!)-q42,0 if ORAEe (Date received) Q9PI APPLICATION FOR: ------------_________........................... APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(51* OWNER(S)(11 not applicant) ATTORNEY/AGENT Name Cuitis Brasseur James Loring Address 16 ALPINE Trail Pittsfield, Ma. 135 Stockbridge rd. Lee, Ma.01238 01201 413-770-37.'7 5 i,413-822-6681( Phone _i brasercb&Grnail.com ms66j1@aol.com 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: l Owner 1:1 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 12 Fish Creek View(AKA#6) 180_11-1- 1. Property Address/Location: Tax Parcel No.:9 - - (for example: 165.52-4-37) 2011 RR 2. Date acquired by current owner: 3.Zoning District when purchased: Single Family dwelling RR 4. Present use of property: 5.Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? 121 Yes(when? 04/26/2018 For what?Area varianve ) 21 No 7. Is property located within(check all that apply)?: 0 Historic District 0 Architectural Review District 0 500'of a State Park.city boundary,or county/state highway? 8. Brief description of proposed action: Area Variance to rebuild new single family dwellling. 9. Is there a written violation for this parcel that is not the sublect of this application? 0 Yes II No 10. Has the work,use or occupancy to which this appeal relates already begun? El Yes gl No ii.Identify the type of appeal you are requesting(check all that apply) 0 INTERPRETATION(p.2) 12 VARIANCE EXTENSION(p.2) 0 USE VARJANCE(pp.3-6) 0 AREA VARIANCE(pp.6-7) Revised 01/2019 ZONING BOARD OF APPEALS APPLICA770N FORM PAGE 2 FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below. 0 Interpretation $ 500 0 Use variance $1,000 0 Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 O Extensions: $ ISO 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? InYes ON° 4. If the answer to#3 is'yes,"what alternative relief do you request?IJ Use Variance 0 Area Variance EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): 04/26/2018 . Date original variance was granted: 2. Type of variance granted? 0 Use 0 Area 09/25/2018 3. Date original variance expired; 5. Explain why the extension is necessary.Why wasn't the original timeframe sufficient? delay in asbestos removal 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: there have been no changes Revised 01/2019 ZONING BOARD OF APPEALS APPUG4770N FORM 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". I. 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): I)Date of purchase: Purchase amount: $ 2)Indicate dates and costs of any improvements made to property after purchase: Date Improve/Tient 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 0 1/20]9 ZONING BOARD OF APPE41.5 APPLICATION FORM PAGE 4 B. Has property been listed for sale with Dsiies If"yes",for how long? the Multiple Listing Service(MLS)? Ohio 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? DYes El No If yes, describe frequency and name of publications: 3)Has the property had a"For Sale"sign posted on it? lates 0 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 uni tqLe 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 01/2019 ZONING BOARD OF APS APPLICATION FORM PAGE 3. That the variance, if granted,y_ill not after theessential character of 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 01/2(19 ZONING BOARD OF APPEALS iiPPLICA77CW 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 RNuirements From To Other: To grant art 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 01/2019 ZONING BOARD OF APPEALS APPLICATION FORM PAGE AMIMM _ 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 01/2019 ZONING BOARD OF APPEALS APPUCATION 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? 0 No 0 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 author members of the Zoning Board of Appeals and designated City staff to enter the property associated with this application or Pu of conducting any necessary site inspections relating to this appeal. 09/16/2019 - NNW Ammo.. Date: (applicant u 09/16/2019 Date: (applicant signature) If applicant is not the currently the owner of the property,the current owner must also sign. 09/16/2019 Owner Signature: Date: 09/16/2019 Owner Signature: Date: Revised 0112019 _ - ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING APPLICANT: TAX PARCEL NO.: PROPERTY ADDRESS: ZONING DISTRICT: This applicant has applied to use the identified property within the City of Saratoga Springs for the following: This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s) As such,the following relief would be required to proceed: 0 Extension of existing variance 0 Interpretation 0 Use Variance to permit the following: 0 Area Variance seeking the following relief: Dimensional Requirements From To Other: Note: 0 Advisory Opinion required from Saratoga County Flaming Board ZONING AND BUILDING INSPECTOR DATE Revised 01/2019 i. i, • 1FOR OFFICE USE' .,SU •S'/, CITY OF SARATOGA . . W ;,---- Application#) _ - _-- ---i---- ,. Ciftd Hall, - 474 13r,, , ,• i sr-, L.., , i'-, 7 iii ..# ".),e- slAil •'7 SO-4,04-0570-,Spri.24193", 14 e,w-itrrie.,4-28 66 4 6 2079 II , Tet: 51 8-58 7-3550 12 518 -SP-q4SO f(Date received) srPoRATED ' ___I APPLICATION FOR: -__ APPEAL TO THE ZONING BOARD FOR AN ---_, INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANTOr OWNER(S)Of not:.?pplicant) ATTORNEY/AGENT NameCurtis Brasseur James Loring — Address 16 ALPINE Trail Pittsfield, Ma. 135 Stockbridge rd. Lee, Ma.01238 01201 413-770-37C: 7 413-822-6684., Phone _____, _-__ '' _ / brasercb&Gmail.com ms66j1@aol.com 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: CA Owner 0 Lessee 0 Under option to lease or purchase PROPERTY iNFORMATION 12 Fish Creek View(AKA#6) 180.11-1- I. Property Address/Location: Tax Parcel No.: 9 . - - (for example: 165.52-4-37) 2011 RR 2. Date acquired by current owner: 3.Zoning District when purchased: Single Family dwelling RR 4. Present use of property: 5.Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? Li Yes(when? 04/26/2018 For whaeArea varianve ) 21 No 7, Is property located within(check all that apply)': 0 Historic District 0 Architectural Review District 0 SOO'of a State Park,city boundary,or county/state highway? 8. Brief description of proposed action: Area Variance to rebuild new single family dwellling. 0 Curtis Brasseur 121 Alpine Tri Pittsfield,MA 01201-8927 _..71..... ., .41 23134 53-852512118 LL No 12I No n FRAUDARHOIC PAY 47 -V ORDER OF, Okattat- C 9C(0 ILL.. .Q _ _(.1 (UCCAILLCI $ ( lCf ( ti , ARIANCE(pp.6-7) W1,1) L -...' re . DOLLARS M f:attt, Greylock Federal Credit Uri'. • ! FOR I.\ ,,,, - 1: P 1. L FLA 5 P SO 1: non ? li P.CID 7 Le 2 3 314