HomeMy WebLinkAbout20250524 17 Tommy Luther Dr Area Variance Application**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED**
r`
CITY OF SARATOGA SPRINGS
^ t %
ZONING BOARD OF APPEALS
r
CITY HALL - 474 BROADWAY
SARATOGA SPRINGS, NEW YORK 12866-2296
TEL: 518-587-3550 X2533
�"'�',,
�'TPno,ccn �9
www.saratoga-springs.org
APPLICATION FOR:
INTERPRETATION, USE VARIANCE,
AREA VARIANCE AND/ORVARIANCE EXTENSION
APPLICANT(S)*
Lisa and Mark Larkin
Name
17 Tommy Luther Dr.
Address
Saratoga Springs, NY 12866
(518)322-0423
Phone
/
lisa.lark5@gmail.com
Email
Primary Contact Person: ❑✓ Applicant
OWNER(S) (lfnot applicant)
[FOR OFFICE USEI
(Application #)
(Date received)
(Project Title)
Check if PH Required
Staff Review
ATTORNEY/AGENT
Owner Attorney/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: 1Z Owner ❑ Lessee ❑ Under option to lease or purchase
PROPERTY INFORMATION
17 Tommy Luther Dr.
1. Property Address/Location:
8/2003
2. Date acquired by current owner:
single family residence
4. Present use of property:
177 16 2 19
Tax Parcel No.: -
(for example: 165.52 — 4 — 37)
SR
3. Zoning District when purchased:
SR
5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes (when? 2008 For what?addtion to house )
la 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:
Expansion of current covered porch to create a screened in porch. The existing porch includes steps down to a patio. These
existing uncovered steps would be included in the proposed covered/screened porch... plus we would need additional variance
o add new steps Toward Ine rear setbacR thatwould allow access to Ine patio from the new porch.
9. Is there an active written violation for this parcel? ❑ Yes V No
10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes V No
11. Identify the type of appeal you are requesting (check all thatapp/y):
❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 121 AREA VARIANCE (pp. 6-7)
Revised 01/2021
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE Z
—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? 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):
1. Date original variance was granted: 2. Type of variance granted? ❑ Use ❑ Area
3. Date original variance expired:
S. 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 01/2021
ZONING BOARD OFAPPEALSAPPLICATION FORM
USE VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
A use variance is requested to permit the following:
PAGE.
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:
Appraisal Assumptions:
Revised 01/2021
ZONING BOARD OFAPPEALSAPPLICAT/ON FORM
B. Has property been listed for sale with ❑Yes If "yes", for how long?
the Multiple Listing Service (MLS)? [E]No
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? [—]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?
PAGE 4
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
ZONING BOARD OFAPPE4LSAPPLIC4TION FORM PAGES
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
ZONING BOARD OFAPPEALSAPPLIC,4TION FORM
AREA VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
Article 3, Section 3.1 B of the
The applicant requests relief from the following Zoning Ordinance article(s) UDO
Dimensional Requirements District Requirement Requested
minimal rear setback 30 ft 8 ft
PAGE 6
Other:
The 8 feet request includes the 4 ft of steps that already exist on the current covered porch. We are proposing building on top of the
existing steps and then would need 4 more feet for new steps to go down to the existing patio.
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.
Alternative designs were considered, but the proposed design including the variance makes the most sense with the current lay out
of the back corner of the house and existing patio.
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:
This proposed addition cannot be seen from the street, and will only be partially visible to 1 adjacent neighbor during the winter
when there is no foliage on the trees / undergrowth. We are located at a dead end with wooded area all around the back portion
where we are proposing the addition. The 2 adjacent neighbors have stated they are in support of this addtion ( see attached).
Revised 01/2021
ZONING BOARD OFAPPEAIsAPPLICATIDN FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
The existing wrap around steps are already taking up 4 of the 8 feet of the setback we are requesting. Apparently they are no
onger considered part of Me onginal variance request in 2008 ana need to be considered parl of The total TOotage aSK Tor a
variance in 2025. Therefore the variance request is not substantial... and if the steps were considered part of the original variance,
this would only be a 4 feet variance request. It would just be adding a few feet from what has already been there for about 15
years. The back corner of the house is private and the land behind is owned by Village of Ballston Spa and woodland. Only 1
neighbor will be able to see a portion of the proposed screened porch from their house and only seasonally when the leaves aren't
on the trees/undergrowth.
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 proposed screened porch is on the back corner of our home and cannot be seen from the road. It will not impact the neighbors'
view. it will not impact the environment in Trial it will be built over Me existing porch/patio. I his is not a protected wellano wittl
protected species. It will, however, make the mosquitos a bit more hungry since they won't be able to get to the humans who are
enjoying the screened porch.
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:
Yes, this is self-created to improve the quality of life for our family and friends. A screened porch would create an improvement in
our overall mental ea WHO e ecreasmg Me possibility of insect -borne i ness by Owning i zing a screened porch. it ma es the most
sense with how we would build out from our existing porch to have steps continue down to the patio.
Revised 01/2021
ZONING BOARD OFAPPEALSAPPL/CATION FORM
DISCLOSURE
PAGE 8
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 applicatio -for purposes of conducting any necessary site inspections relating to this appeal.
1 6/18/25
a
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:
Owner Signature:
Date:
Date:
Revised 01/2021
Short Environmental Assessment Form
Part I - Project Information
Instructions for Completing
Part 1 — Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as
thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item.
Part 1— Project and Sponsor Information
Screened porch addition- Larkin property
Name of Action or Project:
Screened porch addition
Project Location (describe, and attach a location map):
17 Tommy Luther Dr., Saratoga Springs, NY 12866
Brief Description of Proposed Action:
Expand and screen in back porch. We are proposing an expansion of an existing covered porch toward the rear and side of the house. The rear
expansion requires a variance. Currently the steps that are attached to the existing covered porch go toward the rear 4 ft. We are asking to build on top
of them and add new steps going down to the rear of the house onto the existing patio... the new steps would be an additional 4ft.
Name of Applicant or Sponsor:
Telephone: (518)322-0423
Lisa and Mark Larkin
E-Mail: lisa.lark5@gmail.com
Address:
17 Tommy Luther Dr
City/PO:
State:
Zip Code:
Saratoga Springs
NY
12866
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
NO
YES
administrative rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that
❑
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
2. Does the proposed action require a permit, approval or funding from any other government Agency?
NO
YES
If Yes, list agency(s) name and permit or approval:
❑✓
❑
3. a. Total acreage of the site of the proposed action? 0.004acres
b. Total acreage to be physically disturbed? N/Aacres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? o.4sacres
4. Check all land uses that occur on, are adjoining or near the proposed action:
❑ Urban m Rural (non -agriculture) ❑ Industrial ❑ Commercial m Residential (suburban)
Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): watershed
❑ Parkland
Pale 1 of') SEAF 2019
5. Is the proposed action,
a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
NO
YES
N/A
❑
❑✓
❑
❑
❑
❑✓
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
NO
YES
❑
❑✓
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
If Yes, identify:❑
NO
YES
❑
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation services available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed
action?
NO
YES
❑✓
❑
❑
❑
❑✓
9. Does the proposed action meet or exceed the state energy code requirements?
If the proposed action will exceed requirements, describe design features and technologies:
NO
YES
❑
❑✓
10. Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable water:
NO
YES
11. Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment:
NO
YES
❑✓
❑
12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district
which is listed on the National or State Register of Historic Places, or that has been determined by the
Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
NO.
YES
❑
❑✓
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
wetlands or other waterbodies regulated by a federal, state or local agency?
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
The land behind our property is desiganted as the Village of Ballston Spa. There is a body of water included on that property labeled
as Ballston Spa Reservoir. This screened porch will not impact the Village of Ballston Spa property.
NO
YES
❑
❑✓
❑
❑✓
Pa-e 2 of 3
14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
❑Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional
❑ Wetland ❑ Urban m Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or
Federal government as threatened or endangered?
NO
YES
IK
16. Is the project site located in the 100-year flood plan?
NO
YES
❑✓
❑
17. Will the proposed action create storm water discharge, either from point or non -point sources?
If Yes,
a. Will storm water discharges flow to adjacent properties?
b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)?
If Yes, briefly describe:
NO
YES
✓❑
❑
❑
❑
❑
❑
18. Does the proposed action include construction or other activities that would result in the impoundment of water
or other liquids (e.g., retention pond, waste lagoon, dam)?
If Yes, explain the purpose and size of the impoundment:
NO
YES
❑
❑
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste
management facility?
If Yes, describe:
NO
YES
❑
❑
20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or
completed) for hazardous waste?
If Yes, describe:
NO
YES
❑
❑
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name: Lisa and Mark Larkin Date: 618/25
Signature: Lisa Larkin �� Title: homeowner 4w�;
PRINT FORM Page 3 of 3
o4
\`1.N, 0G`I ,SJ� � NANCY GOLDBERG
:4 4 'CITY OF SARATOGA SPRINGS CHAIR
CAROL ANN MAGUIRE
-Ij'ZONING BOARD OF APPEALS VICE CHAIR
_ y
ERIC SCHRECK
•�_ •�' ' ' � ; i�.. ';� •� CITY HALL - 474 BRDADWAY SECRETARY
SARATOGA SPRINGS. NEW YORK 12865 JANINE STUCHIN
RP PH) 5 1 8-587-3550 FX) 5 1 8-580-9480 PELL KENNEDY
OQAMD MARY ANNE MACICA
W WW. SARATOGA-SPRINGS.ORG
KEITH B. KAPLAN
IN THE MATTER OF THE APPEAL OF
Mark and Lisa Larkin
17 Tommy Luther Drive
Saratoga Springs, New York 12866
Application #2477
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 application of Mark and Lisa Larkin for an
Area Variance for the premises at 17 Tommy Luther Drive, Tax Parcel 177.16-2-19 in the
outside tax district in an SR-2 zoning district be APPROVED to permit the construction of a
sun room. addition at the rear of the existing single-family residence and requesting the following
relief or lesser dimensions:
Dimensional Requirements From To Total Relief
Rear yard setback 30 feet 23 feet 7 feet
As shown on submitted plans, application, and presentation to the Zoning Board of Appeals. Public
hearing held July 10, 2008.
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible
to the applicant. The applicant indicated•that it was not feasible to build a sunroom on
the side of the house, and that it "only make sense" to put it in the back.
2. The applicant had demonstrated that there will not be an undesirable change in the
neighborhood character or nearby properties. The proposed sunroom is not visible from the
street: The neighbors on either side will have a filtered view of the addition through the
vegetation along both abuttingproperty lines, north and south sides. The property to the
west, in back of the house is vacant, wooded, municipally owned land.
3. One could argue that. the total relief requested of.7 feet is not substantial, but if it were
deemed to be substantial, it would not be fatal to the application.
4. The applicant has demonstrated that the request will not have an adverse physical or
environmental effect on the neighborhood. There are municipally owned woods in back of
the property and the applicant indicated that the house is at a dead end.
5. The applicant's desire for a sunroom is considered self-created, but this, in and of itself, is
not fatal to the application.
Adopted by the following vote:
AYES: 5 (N. Goldberg, C. Maguire, J. Stuchin, M. Macica, K. Kaplan)
NAYS: 0
J, z
Dated: July 17, 2008
This variance shall expire 18 months from this date unless the necessary building permit has
been issued and actual construction begun as per Article 240-14.5 G.
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, seven
members of the Board being present.
e�L-
7 0 S
Date Secretary
Lnrtdn NOW nr Forntrl'ly
viilegn tir NnllNlon
V,, ti—A nook 11s114
1e[ Nep If, t7i.O9-t-•9!I
Noll"10'0" r
175.00'—.._—.--
f__—_..—.—
Fenn' hay
Foon4 Iron
H� 2- H h
ncd 4- High
I 7-,-""
Lot"
° Ar n -M- 0±
Sq. Ft.
IF
N
m
C'
9
LO
5.0 Cellar En once
Electric o 5.2'
j
..a
Hater rc in
ri, 'B' '.
I
9.7 30;St-y
v
Lot 15
a
Gm FireplOca
^ I
use aTerene
.v;o
,'Ec
m3 .7'Owrad
Pordr--39.2'}
mT(o
30' Bldg. line
M
Coble
507.38'38"1P 173.66'
Macadam
0riwwoy
17 ommy Luther D_
Curb to Curb . 26 Ft '
0RA0THOMZLU ALTERAnON OR
AMMON TO TMS OONYENT 15
MOEAnON or SCCr4N 7209,
guMW;ON 2. OF NEW TOW
STATE EDUCAr.ON LAW.
p"17
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
=A_ Gifrg Hat, - 474 f3c�oadwa y
Sowa�oga,SprilAgy, New Yorrk.128Co6
%y 5 TeL. 53-8-587-3550 X2-533
O.RATED '' www 5arrafoga- yes i Kgyot-g
INSTRUCTIONS
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/ORVARIANCE 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 workwith City staff to ensure a complete application.
The ZBA will only consider properly completed applications that contain Il c,��r�s�� 9�. c����� �-.� ofthe
following:
E 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. 6J for area variance), and any additional supporting materials/
documentation. **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED*-'`
Ea' Completed SEQR Environmental Assessment Form — short or long form as required by action.
http://www.dec.ny.gov/docs/permits_ej_operations_pdf /seafpartone.pdf
tom'/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.).
EJ/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 (v✓ tvvi.saratoga-sprinFrs.oi �) for meeting dates.
Revised 01/2021
I T-7-7�
ff