The URL can be used to link to this page

Home My WebLink About20250776 19 Aurora Ave Area Variance Application"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" CITY OF SARATOGA SPRINGS �o ZONING BOARD OF APPEALS CITY HALL -474BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 TEL:518-587-3550 M533 LOR1 ..10 N'�� www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/ORVARIANCE EXTENSION (FOR OFFICE USEI (Application #) (Date received) (Project Title) Check if PH Required Staff Review APPUCANT(S)* OWNER(S) (l(notappl%Cant) ATTORNEY/AGENT Name James Hamilton Address 19 Aurora Avenue Saratoga NY 12866 Phone (518)376-9944 Email jhamilton921@gmail.com Primary Contact Person: �r Applicant ZOwner 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: 0 Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 1. Property Address/Location: 19 Aurora Avenue 2. Date acquired by current owner: 10/28/2020 4. Present use of property: Single family residence Tax Parcel No.: 180 10 _ 3 44 (for example. 165.52 — 4— 37) 3. Zoning District when purchased: SR-1 S. Current Zoning District: SR-1 6. Has a previous ZBA application/appeal been filed for this property? ❑ Yes (when? For what? 0 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: Allow placement of two compressors for HVAC within the side setback which is 5 feet in the Oak Ridge development. The units are 3.2' from the property line. 9. Is there an active written violation for this parcel? ❑ Yes 10. Has the work, use or occupancy to which this appeal relates already begun? 0 Yes 11. Identify the type of appeal you are requesting (check all that apply): 70. ❑ No ❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 0 AREA VARIANCE (pp. 6-7) Revised 01/2021 ZONINGBO4RD OFAPPEALSAPPUCAT/ONFORM PAGE2 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? MYes ❑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 ZON/NG BOARD OF APPEALS APPur,4TIoN FORM USE VARIANCE— PLEASE ANSWER THE FOLLOWING (add additional information as necessary): A use variance is requested to permit the following: PAGES 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". 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: $ n Appraised Value: $ Appraiser: Date: Appraisal Assumptions: Revised 0112021 ZONING BOARD OFAPPEALSAPPL7U77o1vF6RM 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: PAGES 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? CIYes ❑ 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 O1/2021 ZONING BOARD OFAPPEALSAPPL/GTION 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 0112021 ZOM/MG BOARD OFAPPE4LSAPPL/CA77cw FORM AREA VAMANCE— PLEME ANSWERTHE FOLLOWING (add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) 9.5.0.1 of LIDO Dimensional Requirements 5 feet from property line District Requirement To allow placement of mechanical equipment to remain in setback of .16 acre lot. 5 feet Requested 3 feet 2" PAGED 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. The A/C compressors have been illustrated on submitted drawings where they are currently placed prior to receiving a building permit in 2021. It is not feasible or desirable to place mechanical equipment anywhere on the lot other than the west side of the 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 does not create any undesirable change. Placement where the equipment is currently is the least visible and is consistent with other similarly situated homes in Oak Ridge. Revised 01/2021 ZONING BOARD OFAPPE4CSAPPL1c477ON FORM PAGE 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: Allowing the equipment to remain as is, is not substantially different than neighbors. 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: There will be no adverse physical or environmental effect on the neighborhood as the current location is the least intrusive and most desirable. It is away from pedestrian and vehicular traffic. S. Whether the alleged difficulty was self-created (although this does not necessarily preclude the granting of an areavariance). Explain whether the alleged difficulty was or was not self-created: The equipment was always on the drawings in the current location. There were never discussions or considerations to locate elsewhere. Revised 0112021 ZONINGBOARD OFAPPE4LSAPPL/UT1oN FORM DISCLosum PAGER 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 []Yes If "yes", a statement disclosing the name, residence and nature and extent of this interest must be filed with this application. APPUCANT 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 a plicatio for purposes of conducting any necessary site inspections relating to this appeal. Date: 08/27/2025 (a plicant signature) (applicant signature) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature: Revised 01/2021 Date: 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 19 Aurora Avenue Saratoga side setback Name of Action or Project: Project Location (describe, and attach a location map): 19 Aurora Ave. Saratoga Springs NY 12866 Brief Description of Proposed Action: To allow two AC compressors to remain in the side setback of a .16 acre comer lot in the Oak Ridge development. Code calls for a 5 foot setback and equipment is located 3.2 feet from the property line. Name of Applicant or Sponsor: Telephone: (518)376-9944 James J. Hamilton E-Mail: jhamilton921@gmail.com Address: 19 Aurora Ave 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? If Yes, list agency(s) name and permit or approval: NO YES ❑ 3. a. Total acreage of the site of the proposed action? .16 acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 16 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial 0 Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page I of 3 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 ❑ F 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 ❑ ❑ ❑ ❑ ❑� 21 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 21 ❑ ❑ 21 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: NO YES ❑ ❑ ❑ Page 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 ❑✓ 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 ❑ ❑ 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 RI El 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: James J. Halmilton Date:08/27/2025 Signature: �� Title: 0 (ot x r PRINT FORM I Page 3 of 3 File: D:\CIVIL 3D 2021\EMPIRE—MULTI\EMPIRE—GODLEWSKI—SARATOGA\EMPIRE—( MAP R FFR NCFC; 1) MAP ENTITLED 'FOUNDATION LOCATION — LANDS S171ATE AT 10 AURORA AVENUE' AS PREPARED BY GERALD R GRAY PLS ON OCTOBER 4. 2021. COPY PROVIDED BY CLIENT. 2) MAP ENTITLED 'SITE PLAN — GOOLEVMI BUILDERS' AS PREPARED BY EMPIRE ENGINEERING PLLC ON DECEMBER 31, 2020 AND LAST REVISED ON JULY 23, 2021. COPY PROVIDED BY CLENT. 2) MAP ENTITLED 'Oµ RIDCE' AS PREPARED BY DAVID F BARRASS, LAND SURVEYOR ON SEPTEMBER 25, 2003 AND FILED IN THE SARATOGA COUNTY CLERKS OFFICE ON MAY 31. 2005 AS MAP 0-14" NOTES 1) SURVEYED PARCEL' CITY OF SARATOGA SPRINGS — TAX MAP 180.10. BLOCK 3, PARCEL 44, 2) PLAT PREPARED BY GERALD R GRAY PLS, FROM MAP REFERENCES AND AN OCTOBER 2022 FIELD SURVEY. 3) NORTH IS REFERENCED TO NAD 83 NEW YORK STATE PLANES EAST 20NE 4) SUBJECT TO ALL RIGHTS, EASEMENTS, COVENANTS OR RESTRICTION: RECORDED OR UNRECORDED. 3) SUBJECT TO ANY STATEMENT OF FACT CONTAINED IN AN UP TO GATE TITLE REPORT OR ABSTRACT OF TITLE 0) UNDERGROUND UTIUTIES IF SHOWN HEREON ARE BASED ON VISIBLE PHYSICAL EVIDENCE THEY SHOULD BE CONSIDERED SCHEMATIC ONLY AND ARE SHOWN TO DEPICT GENERAL UTILITY CONNECTIONS RATHER THANEXACT UNDERGROUND LOCATIONS. GERALD R GRAY PUS MAKES NO CERTIFICATION AS TO THE ACCURACY OF THE UNDERGROUND UTILITY LOCATIONS AND OTHER UTILITIES MAY EXIST THAT ARE NOT SHOWN ON THIS MAP. CALL DOWE FOR FURTHER VERIFICATION. 7) SURVEY 15 PREPARED IN ACCORDANCE WITH THE NEW YOWL STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS CODE OF PRACTICE FOR LAND SURVEYS AS ADOPTED IN OCTOBER OF 1%6 AND LAST REVISED ON JULY 15, 1997. B) BUILDING COVERAGE PER CODE - 75X MAX, ACTUAL BUILDING COVERAGE - 41X ASPHALT CONCRETE ELEC BOX HAND HOLE TEL FED I #21 3.2•:t LANDS N/F OF OAK RIDGE DEVP LLC TM: 180.9-1-24 3.of GEN 2.6't I W (0 N O O Z� TOGA Il AURORA AVENUE 30.0or I \ PAVERS) STONE FR NQ T SETBACK 25.4' 9.2' 1 COVERED I I PORCH 191' fO:J' FFF - 280.9 1 1 1' OVERHANG I 1 1 O O TG v OW I CHIMNEY I" User: Bacon Hill r.,.�.,1^.IDr. SI� IeeE ... gnFxAtl:d 3 'AIA _ _1S SITE LOCATION MAP R = 30.00' L = 47,12' CH = 42.42' S4433'40"E `D 2 1/2 STORY WOOD FRAME _ I DWELLING =4ITI'..EMENT WINDOW 4,d.6 IO I STONE I OVERHANG m I Tzz 15 4'3 2ND-STORY w DECK / I STONE ' H D ___-- Z6_o__—___ ,/ 20' REAR SETBACK 1/// H AREA = 6 814f SQFT ASPHALT J ol] LU S 0 OR 0. 16f ACRE ASPHALT ASPHALT ' R = 30.01' N89'3327"W L = 47.12' ASPHALT 30, 00' CH = 42.43' S45 26'20"W Drawing TAIa Draping Scalo: luurnpmTm .LTca.nai on —1. fl 1' 20 io Tx s wnrcr u.p r 1P ^ AOnON i20e 91BDIN9O1 2 or or Final Survey 1Data:9.2 z zoa9lo wFD ADoe9 9c IR/z4 or U � ;i C' 2 •1 i1 OCL 19. z022 CNa\c mE w,0 woli'YORY { y' 1 CITY COMMENTS Ofl0 1/25/25 CUBO55C0 YAL 91H110T aC '�11 >v l^-•��' v �•��', Lands situate at Proloct No Ha. 5 b llld / 9eNYon a p le [FCnp3M1OI—MMTpt V 001IM1,IpE9 n!aaYfiUN dNLY ;I r, l��58d �.��19 �P4C�✓t�' BF TO ME PAa l 19 Aurora Avenue Dawn: GRG Dale: 10/19/22 Aap pn rHFiA AL<roTM[ �' I 1 •'`=� Drawing Numbar noomc'ics➢uc i.oiirt,wsswEai.1. ri. O'� ry v Latham ¢� 13 912 19 5 e�,, �Ev 1 Dasignpd: Data: en `r C Jl' r �; LL304CL�{�% NU �YOJ"iY6b"�sYVY Saratoga Springs Ni Checked: OR Dale: 10M9122 To ID 1-11L P 'i" w wasiOUEnr ` _' T"" ' —.. I-u— nrnrai i _, lamimmolkail ;NM Y 5 '�� } •. ay, r i Via; . A : � _ _ ' _ . � i �'-,.,g2�asFc.�s�'�-.�a� + � / Of I