HomeMy WebLinkAbout20190937 Moldovan Residence Application r 0 4 FOR OFFICE USES
CITY OF SARATOGASPRINGS
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APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANTS) OWNER(S) (If not applicant) ATTORNEY/AGENT
Rita Moldovan Agent: Engineering America Co.
Name
32 Casino Dr, Tonya Yasenchak-76 Washington St,
Address
Saratoga Springs, NY 12866 Saratoga Springs, NY 12866
518 1 587 - 13421
Phone / /
tonyay@nycap.rr.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: ®Owner ❑ Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
32 Casino Dr. 177 20 4 16
. Property Address/Location: Tax Parcel No.: - -
(for example: 165.52--4-37)
August 2019 UR-1
2. Date acquired by current owner: 3.Zoning District when purchased:
Single Family Residential UR-1
4. Present use of property: 5.Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes (when? For what? )
® 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:
Expansion of front entry area to include:
a Addition of 3'6"to the interior landin. for safet •ur•oses existin• landin• is on1 3'6" and
b)Addition of a new front covered stoop of 3'6"depth for ease of access into the house.
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes No
10. Has the work, use or occupancy to which this appeal relates already begun? Yes IZI No
1 I.Identify the type of appeal you are requesting (check all that apply):
0 INTERPRETATION (p.2) 0 VARIANCE EXTENSION(p. 2) 0 USE VARIANCE(pp.3-6) 0 AREA VARIANCE(pp.6-7)
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.
❑ Interpretation $ 500
❑ Use variance $1,000
L Area variance
-Residential use/property: $ 200
-Non-residential use/property: $ 600
❑ 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? ]Yes ONo
4. If the answer to#3 is"yes,"what alternative relief do you request?❑Use Variance 0 Area Variance
EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
I. Date original variance was granted: 2. Type of variance granted? 0 Use 0 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 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
Sec.2.0, Table 3:Area&Bulk
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements From To
Min.Yard Setback: Front 30' 18'
(12'difference=40%variance requested)
(22'setback exists to concrete stoop)
Other:
Note: The original subdivision required 25'to the front of the house,with the exception that porches&stairs could be within that 25'.
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.
She benefit$9ught by the applicant to achieve a Larger, safer entry&foyer into her home is not feasible by ottaurteam
a) The setback variance is for a front yard dimension and therefore there is no additional land available for purchase.
b) The proposed foyer size should not be reduced. The dimensions of the proposed foyer is only 6'in depth which is not large
considering the entry has a dual purpose of foyer and landing with steps in either direction.
c) The proposed stoop size should not be reduced. The dimension of the proposed stoop is only 3'6"in depth which should not
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d) The entry stoop cannot be relocated to another area of the residence as the interior landing and stairs of the raised ranch are
already located at the center of the house.
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:
Granting the variance will not create a detriment to the nearby properties nor will it produce an undesirable change in the
character of the neighborhood;
a)The proposed addition will add architectural character to the front of the flat home facade; updating it's clearly 30 year old,"80's
vintage"character.
b) The new front stoop will only be approx.4'closer to the road than what exists.
c) There are only(3)other houses, besides the project site,which are located within this cul-de-sac.
• e origina Intense. c aracter o t e neig •or oa•, pert e 1975 subdivision plans, included front setbacks of 25'to the front
of the house.
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:
The variance may appear substantial at 12'difference from the 30'required (40%variance).
However,the front setback variance may be considered not substantial as follows:
a) The front setback to the concrete stoop is pre-existing I non-conforming at 22'(26.7%difference from the 30'required). The
b) The original 1975 subdivision plans depict a 25'setback to the house, not including porches or steps. The 18' proposed
setback differs from the original intended setback by only 7',which is less than the 12'difference to the current zoning requirement
of 30'0.
c) The variance being requested is only for a one story,8'wide entry&porch addition. Visually this variance will be minor in
comparison with the mass and scale of the whole house.
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 variance of 12'being requested will not have any adverse physical or environmental effects on the neighborhood or district:
a) The addition is centered on the house. The location limits the potential for runoff from the small roof area to effect neighbors.
b) The house with the front addition&proposed rear addition (which does not require a variance)has an overall coverage of
9.6%which is well under the 20% maximum coverae a allowed.
c) The overall permeability of the site is 83%which is substantially more than the 30% min.allowed.
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 alleged difficulty is self-created as it is the desire of the Owner to construct the addition.
However,the house stoop location at 22'from the front property line(instead of the 30' required by current zoning)is a
pre-existing 1 non-conforming situation and not self created.
Revised 01/2019
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 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.
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pzz, r
Owner Signature:_ Date:
Owner Signature: Date:
Revised 01/2019
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
Rita Moldovan 177 20 4 16
APPLICANT: TAX PARCEL NO.: - -
32 Casino Dr. UR-1
PROPERTY ADDRESS: ZONING DISTRICT:
This applicant has applied to use the identified property within the City of Saratoga Springs for the following:
Expansion of front erg�rea_to include: ..
-Addition of 3'6"to the interior landing for safety purposes(existing landing only 3'6")and
Addition of a new front covered stop of 3'6"depth
This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s)
Section 2.0-Table 3: Area&Bulk Schedule
.As such,the following relief would be required to proceed:
❑ Extension of existing variance ❑ Interpretation
❑ Use Variance to permit the following:
❑Area Variance seeking the following relief:
Dimensional Requirements From To
Minimum Yard Setback:Front 30.0' 18.0'
(12'difference=40%variance required)
Other:
Note:
❑Advisory Opinion required from Saratoga County Planning Board
ZONING AND BUILDING INSPECTOR DATE
Revised 01/2019