HomeMy WebLinkAbout20180116 3020 JPSMSC, LLC Residence Extension Application CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
A
ailLY F 1 - 474 6rac4iAr9
- Fri -1r V ra71-ago., pr" s,, 12866
TeL: 5L8-587-3550 f-cou 51-8-580-9480
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 I digital version of the following:
CI 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**
El Completed SEQR Environmental Assessment Form — short or long form as required by action.
http://www.dec.ny.govidocsipermits_eLoperations_pdf/seafpartone.pdf
El Detailed "to scale" drawings of the proposed project—folded and no larger than 24"x 36". Identify all
existing and proposed structures, lot boundaries ai,J 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.).
El 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". Fees are
cumulative and required for each request below.
O Interpretation $500
E l Use variance $1,000
ElArea variance
Residential use/property $200
Non-residential use/property$600
Extensions $150
Check City's website (vvww.s -s rin s.or )for application meeting dates.
Revised 01/2019
ZONING BOARD APPEAL APPLICATION INSTRUCTIONS
PAGE 2
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 Saratogian legal notices at least 5 days before the hearing.
Applicants must pay The 5a.caall for the legal ad and present proof of payment to the ZBA prior to the public
hearing. If proof of payment is not presented prior to the hearing, the hearing will be cancelled.
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 m_-„iiing" are not presented prior to the hearing, the
hearing will be cancelled.
Revised DI/2019
EOR EL- USE
,\-' ,,,,, CITY OF SARATOGA SPRINGS
(Application#)
HSo - r
". etA
<F ,,+ - J C. (Date received)
-:587
�'° u \ F:_ APPLICATION FOR;
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION,USE VARIANCE,AREA
VARIANCE AND/OR VARIANCE EXTENSION
ON
lnr�t 1iCarrt ATTORND____LL____AGENT_
JPSMSC, LLC
Name
110 Regent Street
A►ddres — --
Saratoga Springs, ( 1 2886
518 424 773
Phone
Steve@gip litrc -rea l estate.corr
with an option tolease or purchase the property in question.
� applicant must be the property owner, lessee, or one
An appl�c
Ell Owner 0 Lessee 0 Under option tolease or purchase
Applicant's interest in the premises:
PROPERTY INFORMATION155 Union Avenue -
NY 12866Tax Parcel leo.: _
16a69 3 22.2
Location: Saratoga Serifor example.. 165.52—4—. )
I. Property Address/Location: UR4
Zoning05/31/2018
District when purchased:2. Date acquired bycurrent owner: � UR4
Vacant
5.Current or�ir� ,Listrit:
4.
Present use of property:
. Has a previous ZBA application/appeal been filed for this property?
al Yes when? 04/2018*See Attached For what?
O No
Historic District �Architectural ReviewDistrict
e located within(check all that apply)?: cityboundary,or county/state highway?
. Is property 0 500' of a State Park,
action: for extension. Building permit application
B. Brief description with proposed was approved ved in 4/2018. Apply+n tit appears the
Single family home detached garage/carriageprevious approval. Expiration of variances is 10/10/2019.
submitted in 7-10 days. No Changes from p � ,vis rd.a�.: + no .e approve, �y a i un� a`er t
willi be - I . s. owever, it p
• u�rr�ti e. in net
u4•�r� perrr�i WI
expiration n date of variances.(See Attached Variances Approved 4/2018)9. .
violation for this parcel that 's not the sub ect of thi application? 0 Yes No
�s there a wrrtten i
is appeal relates already begun? 0 Yes
0 No
1 .
Hathe work, use or occupancy tohicw4�th �P
of appealyou are requesting(check all -fiat apply
1 I. Identify the typey
T� �VARIANCE EXTENSION (p.2) 0 USE
VARIANCE(pp. 3-6) 0 AREA VARIANCE(pp.6-7
0
INTERPfETA (p.
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
El Interpretation $ 500
0 Use variance $1,000
LI Area variance
-Residential use/property: $ 200
-Non-residential use/property: $ 600
12 Extensions: $ 150
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 No
4. If the answer to#3 is"yes,"what alternative relief do you request?1:1 Use Variance 0 Area Variance
EXTENSION OF A VARIANCE–PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
04/10/2018
I. Date original variance was granted: 2. -Type of variance granted? El Use 0 Area
10/10/2019
3. Date original variance expired:
5. Explain why the extension is necessary.Why wasn't the original timeframe sufficient?
Upon approval of variances on 04/10/2018 we needed to obtain Design Review Approval. We obtained the services of an architect and
had 5-7 meetings with the Design Review Commission and DRC received approval. We under estimated the time required to obtain
DRC approval. At that point we marketed the property and have found a builder and buyer. The building permit application is
scheduled to be submitted to the building department in 7-10 days. That date is before the variances expire. However, the building
permit willlirelTnopp roved —d—n iss uecp Ira ion ortne-T—iariance approva s impo an a no - - -
there are no changes to the variances requested and approved by the Zoning Board on 04/10/2018.
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 w" granted:
**It is important to note that there are no changes to the original site plan. The site subject has not changed in any way(remains
vacant). In addition,there has been no changes to the surrounding properties ownership/use. All circumstances remain the same as
when the original variances were approved in 4/2018. In addition, zoning for the property remains the same.
Revised 01/2019
U
ZONING BOARD OF APPEALS APPLIC4TION 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¢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 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4
B. Has property been listed for sale with OYes If"yes",for how long?
the Multiple Listing Service(MLS)? CONo
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? EIYes DNo
If yes, describe frequency and name of publications:
3) Has the property had a"For Sale" sign posted on it? DYes 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 tq this RNIp .)._gi ue 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 0112019
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 hardshi 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 cr, 'ted 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 01/2019
ZONING BOARD OF APPEALS APPLICATION 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 From To
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 01/2019
ZONING BOARD OF APPEALS APPLICATION 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 01/2019
ZONING BOARD OF APPEALS APPLICAnoN FORM PAGES
...
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? Lil 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 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:
Revised 01/2019
Bill Moore
‘,.#6Chair
CITY OF SARATOGA SPRINGS Keith B.Kaplan
4k- Vice Chair
ZONING BOARD OF APPEALS
tri Adam McNeill
Secretaly
Yr/ 1E6 CITY HALL-474 BROADWAY James Helicke
SARATOGA SPRINGS.NEW YORK 12866 Susan Steer
PH)518-587-3550 DO 518-580-9480 Cheryl Grey
C N TENCH WWW,SARATOGA-SPRINGS.ORG Brad Gallagher
Oksaria Ludd,alternate
Rebecca Kern,alternate
#3020
IN THE MATTER OF THE APPEAL OF
JPSNISC, LLC
155 Union Avenue
Saratoga Springs, NY 12866
From a determination of the Building Inspector involving the premises located at 155 Union Avenue in the City
of Saratoga Springs, New York, tax parcel number 166.69-3-22.2 on the Assessment Map, of said City.
The Applicant having applied for area variances under the Zoning Ordinance of said City to permit the
construction of a new single-family residence in a UR-4 District and public notice having been duly given of hearings on
said application held on March 5 and 19, 2018 and April 9, 2018.
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 variances for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTECT-1
DIMENSIONAL
REQUIREMENT
MAXIMUM PRINCIPAL BUILDING COVERAGE 25% 31.35% 6.35% 25%
MINIMUM SIDE YARD SETBACK 20 FT. 9 FT. I 1 FT.(55%)
FRONT HOUSE
MINIMUM SIDE YARD SETBACK 20 FF. 16 Fr. 4 Fr.(20%)
FRONT HOUSE
MINIMUM TOTAL SIDE YARD SETBACK(FRONT 45 FT. 25 FT. 20 FT. (44%)
HOUSE
MINIMUM SIDE YARD SETBACK 20 FT. 5 FT. 15 FT. (75%)
(REAR HOUSE)
MINIMUM TOTAL SIDE YARD SETBACK (REAR 45 FT. 32 FT. 13 FT. (29%)
HOUSE)
MINIMUM REAR YARD SETBACK 25 FT. 5 FT. 20 FT. (80%)
REAR HOUSE
MINIMUM AVERAGE LOT WIDTH 100 FT. 71 FT. 29 FT. (29%)
REAR HOUSE)
MINIMUM SIDE YARD SETBACK TO PARKING 20 FT. 1.5 FT. 18.5 FT. (93%)
FRONT HOUSE)
MINIMUM REAR YARD SETBACK TO PARKING 25 FT. 8 FT. 17 FT. (68%)
REAR HOUSE)
MINIMUM SIDE YARD SETBACK TO PARKING 20 FT. 10 FT. 10 FT.(50%)
REAR HOUSE
As per the revised submitted plans,dated March 7,2018,or lesser dimensions,be APPROVED for the following reasons:
1. The Applicant demonstrated this benefit cannot be achieved by other means feasible to the Applicant. The
Applicant demonstrated that the proposed primary residence and garage/second residence conform with the
surrounding properties and create a seamless streetscape. There are no additional properties for purchase and
alternative designs would result in a primary residence and garage that it not in character with the surrounding
properties.
2. The Applicant demonstrated that granting this variance will not create an undesirable change in neighborhood
character or detriment to nearby properties. The Applicant stated that"the variances will allow the proposed
house and garage/second residence to blend in with the surrounding properties thereby enhancing the
neighborhood." The proposed residence's size and front yard setback is similar to those of the neighboring
properties. In addition,the side yard setback of the primary residence was shifted to the east on the plot,which
is in conformity with the neighbojng properties. In addition,the garage/second residence was also plotted in a
similar manner to those existing on neighboring properties.
3. The Board finds the variances requests substantial; however, this is mitigated by the fact that the maximum
principal building coverage requested is only 31.35%, which is well under the total lot maximum coverage of
40%in this District. Moreover,this approval will be conditioned with a requirement that additional accessory
structures are limited to a maximum of 8.65%of total lot coverage.
The Board finds that the variances for the minimum side yard setbacks of 9 feet to the east and 16 feet to the
west are substantial; however,this is mitigated by the fact the primary residence was shifted to the east in order
to provide a more uniform streetscape. This is in conformity with the properties located at 153 and 165 Union
Avenue, both of which have the primary residences that are constructed on the east side of the plots.
The Board finds the variance for the minimum side yard setback(primary residence)of 25 feet to be substantial;
however,this is mitigated by the fact the structure is in conformity with the neighboring properties.
The Board finds the variances for the minimum side yard setbacks of 5 feet for the garage/second residence that
borders Morton Place and 165 Union Avenue are substantial; however, this is mitigated by the fact that the
setbacks are in conformity with the rear structures that are located along Morton Place.
The Board finds the variances for the minimum side rrd setback of 1.5 feet for the primary residence and
minimum rear yard setback of 8 feet and minimum side yard setback of 10 feet for the garage/second residence
for the purposes of parking only to be mitigated by the fact that the parking area is in conformity with the
neighboring properties.
4. The Applicant demonstrated that the variances will not have significant adverse physical or environmental effect
on the neighborhood or district. The Board finds that the primary residence and garage/second residence are
consistent with the existing neighborhood. Moreover,the Applicant provided for the required 3 parking spaces
for the two residential units.
5. The alleged difficulty is self-created insofar as the Applicant desires to construct a new single-family home and
garage/second residence, but this is not necessarily fatal to the application.
Condition: Future accessories are limited to 8.65%
Adopted by the following vote:
AYES: 5 (B. Moore, K. Kaplan, C. Grey, B. Gallagher, R. Kern)
NAVES: 1 (A. McNeill)
Dated:April 9, 2018
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 240-8.5.1.
0"11111C.1K(j
.4110
Date Chair
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, six members of the Board being present.
/
i
Bit Moo,e
ci A s
0 CITY OF SARATOGA SPRINGS
Nair Keith B.Kap.an
aq' 0 ZONING BOARD OF APPEALS vire Chair
tn, itti
0 Adam McNeill
Secretaly
-,,r• , r• Cm 'HALL-474 BROADWAY
ar% 111 NA James Helicke
SARATOGA SPRINGS,NEW YORK I 2866 Susan Steer
PH)518-587-3550 FX)518-580-9480 Cheryl Grey
CENTENNIAL WWW.SARATOGA-SPRINGS.ORG Brad Gallagher
Oksana Ludd,alternate
Rebecca Kern,alternate
#3020
IN THE MA I 1 ER OF THE APPEAL OF
JPSMSC, LLC
155 Union Avenue
Saratoga Springs, NY 12866
From a detecmination of the Building Inspector involving the premises located at 155 Union Avenue in the City
of Saratoga Springs, New York,tax parcel number 166.69-3-22.2 on the Assessment Map, of said City.
The Applicant having applied for area variances under the Zoning Ordinance of said City to permit the
construction of a new single-family residence in a UR-4 District and public notice having been duly given of hearings on
said application held on March 5 and 19, 2018 and April 9, 2018.
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 variances for the following amount of relief:
TYPE OF REQUIREMENT 1 DISTRICT PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
. .. .1
MAXIMUM PRINCTAL BUILDING COVERAGE 25% L31.3 5 _ 6,.3 513 (_,I0 2 5 972)______
MINIMUM SIDE YARD SETBACK 20 FT. 9 Fr. 11 Fr. (55%)
(FRONT HOUSE)
_
MINIMUM SIDE YARD SETBACK 20 FT. 16 FT. 4 FT. (20%) T
FRONT HOUSE)
MINIMUM TOTAL SIDE YARD SETBACK(FRONT 45 Fr. 25 FT. 20 Fr. (44%)
Flot.,
MINIMUM SIDE YARD SETBACK 20 Fi. 5 Fr. 15 FT. (75%)
(REAR HOUSE)
_.1_
MINIMUM TOTAL SIDE YARD SETBACK (REAR 45 FT, 32 FT. 13 FT. (29%)
" HOUSE)
MINIMUM REAR YARD SETBACK 25 FT. , 5 FT. 20 FT. (80%)
RAs HOUSE
MINIMUM AVERAGE LOT WIDTH 100 FT. 71 FT. 29 FT. (29%)
(REAR H DUSE)
.-'_'i 5 DE YARD SETBACK TO PARKING 20 FT. 1.5 FT. 18.5 FT. (93'6)
'-i -. *-'_'-• '':-1-. = '4:=:i SE—BACK TO PARKING 2n. 8 FT. I 7 FT. (68%)
•-# - 4.-__— i:: - ,=_..= SETBACK TO PARKING 20 FT- 10 Fr. 10 rr. (50%)
- 7 7:-:=.'z z a7s,dated March 7,2018,or lesser dimensions,be APPROVED for the following reasons:
:-.--.7,:ed this -..-_-eiefit cannot be achieved by other means feasible to the Applicant. The