HomeMy WebLinkAbout20250736 52 York Ave Area Variance ApplicationRevised 01/2021
APPLICATION FOR:
INTERPRETATION, USE VARIANCE,
AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT
Name
Address
Phone / / /
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 Under option to lease or purchase
PROPERTY INFORMATION
1.Property Address/Location: Tax Parcel No.: ________.______ - ______ - ______
(for example: 165.52 – 4 – 37 )
2. Date acquired by current owner:3.Zoning District when purchased:
4. Present use of property:5.Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
Yes (when? For what? )
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:
Yes No
Yes No
9.Is there an active written violation for this parcel?
10.Has the work, use or occupancy to which this appeal relates already begun?
11.Identify the type of appeal you are requesting (check all that apply):
INTERPRETATION (p. 2) VARIANCE EXTENSION (p. 2) USE VARIANCE (pp. 3-6) AREA VARIANCE (pp. 6-7)
Applicant Owner Attorney/AgentPrimary Contact Person:
**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** [FOR OFFICE USE]
_______________
(Application #)
____________
(Date received)
__________________________
(Project Title)
Check if PH Required
Staff Review _______________
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
CITY HALL - 474 BROADWAY
SARATOGA SPRINGS, NEW YORK 12866-2296
TEL: 518-587-3550 X2533
www.saratoga-springs.org
Revised 01/2021
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2
INTERPRETATION – 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? 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: ____________________
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:
Appraisal Assumptions:
Revised 01/2021
ZONING BOARD OF APPEALS APPLICATION 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”.
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:
Revised 01/2021
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4
B.Has property been listed for sale with Yes If “yes”, for how long? _______________________________
the Multiple Listing Service (MLS)?No
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?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?
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 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 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 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 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:
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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 01/2021
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 1 digital version of the
following:
Completed application pages 1 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/permits_ej_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 (www.saratoga-springs.org) for meeting dates.
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
City Hall - 474 Broadway
Saratoga Springs, New York 12866
Tel: 518-587-3550 X2533www.saratoga-springs.org
Revised 01/2021
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 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.
6
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
1 | Page
Project Narrative
The applicants are seeking two area variances to permit a single lot subdivision in
connection with a parcel of property known as 52 York Avenue (“Property”) in the UR-3 of the
Saratoga Springs Unified Development Ordinance (“UDO”) (Tax Parcel ID 166.45-3-61). The
applicants seek the following relief:
1. Lot 1: 1,150 square feet from the minimum lot area of 6,600 square feet (17%) and 10
feet from the minimum lot width of 60 feet (17%).
2. Lot 2: 1,150 square feet from the minimum lot area of 6,600 square feet (17%) and 10
feet from the minimum lot width of 60 feet (17%).
The existing home on York Avenue will remain the home of the applicants. The applicants
intend to sell the newly created lot on Middle Avenue. The single lot which exists today is far
larger than needed by one family, so they are excited to help facilitate the creation of
additional housing in the neighborhood.
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
2 | Page
A. Current Situation
The applicants currently reside two blocks away on York Avenue. Upon becoming pregnant,
they began seeking a larger home, preferably still on Saratoga’s east side. They were excited
to learn 52 York Avenue was listed in late 2024 as its larger size would more comfortably
accommodate the new baby. The applicants are currently beginning the process of
renovating the existing home.
Although the additional square footage of 52 York Avenue will greatly help the growing family,
they feel the current lot is far larger than needed at 10,901 square feet. They also feel that
Saratoga’s east side is a wonderful neighborhood and would love to facilitate the creation of
additional housing so another family could have the opportunity to enjoy the neighborhood.
Given that the existing lot greatly exceeds the UR-3 minimum lot area, the applicants feel
that subdividing the existing lot exactly in half would yield two lots of adequate size and
would only require small variances. Since the current property fronts on two streets, York
Avenue and Middle Avenue, both lots after subdivision would easily connect to existing
roads, sidewalks, and utilities. The resulting lots would be consistent with the character of
the neighborhood and would support the stated purpose of the UR-3 residential district to
“to conserve, maintain, and encourage the development of moderately dense single-family
and two-family neighborhoods”.
B. Area Variance Standards and Applicant’s Support for Relief
The Property is situated in the Urban Residential-3 zoning district and is subject to minimum
lot area requirements of 6,600 square feet for 1-unit and 8,000 square feet for 2-units, and a
minimum lot width requirement of 60 feet. The proposed subdivision would create two lots
of 5,450 square feet (50ft x 109ft) with a 50-foot minimum lot width. The applicants seek
relief from the Unified Development Ordinance Section 3.3’s minimum lot area and width
requirements through two small 17% variances. The considerations for an area variance are
as follows:
1. Whether the benefit sought by the applicant can be achieved by other
feasible means
Any additional land for the applicants’ proposed lots to be conforming would necessarily
have to come from their neighbors. However, every adjacent property is non-conforming,
and so purchasing any portion of land from the adjacent properties would result in greater
non-conformance.
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
3 | Page
The neighbors for the existing York Ave address are as follows:
Direction Parcel ID Property Type Minimum
Width
Lot Area
West 166.45-3-2 210 – 1 Family
Residential
Undersized
36 ft
Undersized
~3,500 sq. ft.
East 166.45-3-7 280 – Residential
Multiple
Undersized
50 ft
Undersized
~5,300 sq. ft.
The neighbors for the newly created Middle Ave address will be as follows:
Direction Parcel ID Property Type Minimum
Width
Lot Area
West #1 166.45-3-64 210 – 1 Family
Residential
Undersized
49 ft
Conforming
~7,800 sq. ft.
West #2 166.45-3-4 220 – 2 Family
Residential
Undersized
47 ft
Undersized
~5,200 sq. ft.
East 166.45-3-8 210 – 1 Family
Residential
Undersized
50 ft
Undersized
~5,300 sq. ft.
Reviewing the dimensions of the neighboring properties, all properties are nonconforming in
width. The only property conforming in area is 166.45-3-64. While augmenting the proposed
lots resulting from the subdivision with a portion of land from this neighboring property is
technically feasible based on the numbers, it is not realistic nor viable. A hypothetical
purchase of adjacent land from 166.45-3-64 would only be able to make one of the
subdivided lots conforming in area and would result in both properties having irregular lot
lines. Additionally, this land is not for sale and is used by the owners of the property for a
shed. A sale of this neighboring land to the applicants would also have further implications
for the lot’s coverage and setbacks.
The below picture shows property 166.45-3-64 highlighted in yellow to illustrate the lot lines
discussed above.
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
4 | Page
Based on the information presented above, there is no alternative solution that would deliver
the same benefits to the applicants.
2. Whether granting the variance will produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties
In assessing the merits of the requested relief, the applicants performed an exhaustive
analysis of the properties within approximately 700 feet of the Property to empirically
determine the “character of the neighborhood.” In all, the applicants reviewed records for
145 properties1 within the study area and the results are as follows:
1. Only 15 of 145 (10%) properties are conforming in both minimum lot width and area.
This results in a non-conformance rate of 90%.
2. Only 46 of 145 (32%) properties are conforming in minimum lot area. This results in a
non-conformance rate of 68%.
3. Only 27 of 145 (19%) properties are conforming in minimum lot width. This results in
a non-conformance rate of 81%.
4. Lots with less than 5,450 sq. ft. (i.e., lot area after proposed subdivision) totaled 66.
This means that 46% of the neighborhood properties are smaller than the lots
resulting from the proposed subdivision.
1 The applicants have compiled data on 145 homes surrounding 52 York Avenue as demonstrative of the
neighborhood in general. The properties examined came from York Avenue, E Harrison Street, Middle Avenue,
Nelson Avenue, Lake Avenue, Circular Street, North Street, and Warren Street. The minimum width, lot area,
and use were compiled and analyzed. The information was taken directly from municipal records on
https://saratoga.sdgnys.com/search.aspx, https://spatial.vhb.com/SaratogaMapViewer/, and tax maps.
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
5 | Page
5. The most common lot width is 50 ft (i.e., lot width after proposed subdivision). 99 of
the 145 properties in the study have lot widths that are 50 ft or less. This means that
68% of the neighboring properties are the same width or smaller than the lots
resulting from the proposed subdivision.
As these statistics demonstrate, the character of the neighborhood is overwhelmingly
nonconforming with today’s zoning code. The relief the applicants seek is in no way out of
character with the surrounding neighborhood, and will in fact increase uniformity in the
neighborhood as there is only one other residential neighborhood property in the data set
which has not been similarly cut in half between York Ave and Middle Ave (166.45-3-23). An
excerpt of the 166.45 tax map is presented below, where 52 York Ave is highlighted in blue,
and 166.45-3-23 is highlighted in yellow.
3. Whether the variance is substantial
The applicants seek the following relief:
1. Lot 1: 1,150 square feet from the minimum lot area of 6,600 square feet (17%) and 10
feet from the minimum lot width of 60 feet (17%).
2. Lot 2: 1,150 square feet from the minimum lot area of 6,600 square feet (17%) and 10
feet from the minimum lot width of 60 feet (17%).
There is no standard definition for the substantiality of a variance. However, as the prior
section demonstrates, the neighborhood is overwhelmingly out of conformance, and often
in amounts far greater than 17%. The lots resulting from the subdivision will be in the middle
of the pack for the neighborhood, both in width and area. Therefore, the relief sought in this
application is not substantial in nature.
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
6 | Page
4. Whether the variance will have adverse physical or environmental e>ects
on the neighborhood or district
Due to the minimal nature of the relief requested, there will be no adverse physical or
environmental efects on the neighborhood.
5. Whether the alleged di>iculty was self-created
While the alleged dificulty is technically self-created, the applicants ask that the Board
consider all the information presented as grounds to determine that such self-creation is not
fatal to the variance application.
C. Recent Variance Precedent
There have been two recent subdivisions where similar relief was granted for minimum lot
area and width:
124 York Ave: In 2016, the Board granted greater relief to an owner in similar
circumstances at 124 York Ave in area variances for two substandard lots within this
same neighborhood. The relief requested in that case was more substantial at 20%
(width: 60 ft. to 48 ft. and area: 6,600 sq. ft. to 5,279 sq. ft.).
10 Avery Street: In 2015, the Board granted similar relief to an owner in similar
circumstances at 10 Avery Street in area variances for two substandard lots within
this same neighborhood. The minimum width relief requested in that case was
identical at 17% (width: 60 ft. to 50 ft.). The minimum area relief requested was less
significant at 3% (area: 6,600 sq. ft. to 6,400 sq. ft.).
The reasoning for the relief in these recent subdivision applications was largely the same as
that requested in this application:
• Neighborhood which is 90% out of conformance with zoning requirements
• Proposed lot sizes which are consistent with neighborhood character
• Available municipal water and sewer
• Street access to both subdivided lots
• The inability to purchase land from adjoining neighbors
For all these reasons, we ask the Board to consider the precedent established by 124 York
Ave and 10 Avery Street variances for minimum lot area and width.
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
7 | Page
D. Photographs
The neighbors for the existing York Ave address are as follows:
• West – 166.45-3-2 / Stephanie Wronowski
o Property Type 210 – 1 Family Residential
o Significantly undersized, both in minimum width (~36 ft) and area (~3,500 sq.
ft.)
o This property is undersized, and the driveway backs right up to the property
line. There is no spare area to purchase. The picture also shows the roof of the
shed behind the white fence. The shed also backs right up to the property line.
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
8 | Page
• East – 166.45-3-7 / Kirk & Aleah Wendell
o Property Type 280 – Residential Multiple
o Undersized, both in minimum width (50 ft) and area (~5,300 sq. ft.)
o This property has multiple residences, and no spare area for purchase. There
are also several sheds behind the larger house.
52 YORK AVENUE
COLLIN CHRISTOVICH & MONETTE CARLI
AREA VARIANCE APPLICATION
9 | Page
The neighbors for the newly created Middle Ave address would be as follows:
• West #1 – 166.45-3-64 / Robert & Dawn O’Keefe
o Property Type 210 – 1 Family Residential
o Undersized minimum width (49 ft), but conforming area (~7,800 sq. ft.)
o This property has an irregular shape featuring a larger front width, but the rear
width is only 49 ft and is currently used for a shed (visible in rear image of
166.45-3-4 on next page). Even if it was theoretically possible to purchase land
from the rear of this property, it would result in the subdivided lot which faces
Middle Ave having a very irregular shape.