HomeMy WebLinkAbout20240614 Lexington Road Subdivision Area Variance Application"*HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED"
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
CITY HALL - 474 BROADWAY
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SARATOGA SPRINGS, NEW YORK 12866-2296
TEL: 518-587-3550 X2533
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www.saratoga-springs.org
APPLICATION FOR:
INTERPRETATION, USE VARIANCE,
AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANTS?
AAADMC Ventures LLC
Name
1 Nadeau Drive
Address
Clifton Park, NY 12065
OWNER(S) (If notapplicant�
same
518-383-6614
Phone
smalbany@yahoo.com
Email
LFOR OFFICE USE]
(Application #)
(Date received)
(Project Title)
Check if PH Required
Staff Review
ATTORNEY/AGENT
Arico Associates
1407 Route 9, Bldg 2
Clifton Park, NY 12065
518-573-6989 /
darico@aricoassociates.net
Primary Contact Person: Applicant 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: M Owner ❑ Lessee ❑ Under option to lease or purchase
PROPERTY INFORMATION
Lexington Road Extension
I. Property Address/Location:
2018
2. Date acquired by current owner:
Vacant
4. Present use of property:
166 19 1 1 to
Tax Parcel No.: - - 41 11
(for example: /65.52 — 4 — 37)
RR
3. Zoning District when purchased:
RR
5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
❑ Yes (when? For what? )
M 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:
Consolidate the existing 40 residential building lots previously approved to 16 residential building lots. Lot reduction is due to
an increase in wetlands from the original approvals. Developing 16 lots will allow for minimal disturbance of wetlands and an
increase in overall tree clearing and grading.
9. Is there an active written violation for this parcel? ❑ Yes Ed 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 that apply):
❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 12 AREA VARIANCE (pp. 6-7)
Revised 01/2021
ZONING BOARD DFAPPEALSAPPLICATION FORM PAGE 2
INTERPRETATION — PLEASE ANSWERTHE 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 re/riance
[]No
4. If the answer to #3 is "yes," what alternative relief do you request?❑ rea Variance
EXTENSION OF A VARIANCE —PLEASE ANSWER THE FOLLOWING (add adas necessary):
1. Date original variance was granted: 2. Typd? ❑ Use ❑ Area
3. Date original variance expired:
5. Explain why the extension is necessary. Why wasn't the original tira%frame sufficient?
When requesting an extension of time f/Secifically
g variance, the applicant must prove that the circumstances upon which the original
variance was granted have not changdemonstrate that there have been no significant changes on the site, in the
neighborhood, or within the circumstahich the original variance was granted:
Revised 01/2021
ZONING BOARD OFAPPEALSAPPLICATION 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 regul ions create an unnecessary
hardshipin relation to that property. In seeking a use variance, New York State law requires an applicant t prove all four of the following
"tests".
I . That the applicant cannot realize a reasonable financial return on initial investment for an cur/entlypermitted use on the property.
"Dollars & cents" proof must be submitted as evidence. The property in question cannot yi d a reasonable return for the following
reasons:
A. Submit the following financial evidence relating to tV property (attach additional evidence as needed):
1) Date of purchase:
2) Indicate dates and costs of any
Date
3) Annual maintenance
5) Annual income gen
6) City assessed v ue:
41
from property: $,
amount: $
to property after purchase:
4) Annual taxes: $.
Cost
$ Equalization rate: Estimated Market Value: $
7) Appraised/Value: $ Appraiser: Date:
umptions:
Revised 0
ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE 4
B. Has property been listed for sale with C]Yes If "yes", for how long?
the Multiple Listing Service (MLS)? [E]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 o
If yes, describe frequency and name of publications: --Zf
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 relatin to this property is uni and does not apply to a substantial portion of the neighborhood.
Difficulties shared with numerous other properties in the me neighborhood or district would not satisfy this requirement. This
previously identified financial hardship is unique for the f owing reasons:
Revised 01/2021
ZONING BOARD OFAPPE4LSAPPLIC.4TION FORM
PAGE 5
That the variance, if granted, will not alter the essential character of the neighborhood. Changes that will alter the character a
neighborhood or district would be at odds with the purpose of the Zoning Ordinance. The requested variance will not alt the
character of the neighborhood for the following reasons:
4. That the alleized hardship has not been self-created. An applic t (whether the property owner or one acting on behalf of the property
owner) cannot claim "unnecessary hardship" if that hardshi was created by the applicant, or if the applicant acquired the property
knowing (or was in a position to know) the conditions f7ylhich the applicant is seeking relief. The hardship has not been self-created
for the following reasons:
Revised 01/2021
ZON/NG BOARD OFAPPEALSAPPL/CATION FORM
AREA VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
Area and Bulk Schedule
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements
Lot area
Min I_nt Width
Min. Front Yard Setback
Min. Rear Yard SP.thaCk
Min. Side Yard Setback
Tntal Side Yard Sethnnk
Other:
District Reauirement
12,500 SF
ion ft
30 ft
20 ft
12ft
�n ft
Requested
SEE
ATTA('HF_D 13
SEE
ATTACHFn 13
SEE
ATTACHFD 13
PAGE 6
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.
The benefits sought cannot be achieved by other means and multiple alternative designs have been explored.
Alternative included: 1) developing the existing 40 lot subdivision. This is not feasible since the wetlands have
increased from the original subdivision approvals in September 1977. The underdevelopment of the area with
storm collection sewers and grading has allowed for stormwater to increase from adjacent developments creating
wetlands; 2) Maximizing lots and avoiding wetland disturbance or ACOE permitting. By avoiding the wetlands, even
with crossing them to get to the property, only 4 lots were viable ... and still an ACOE permit was required, thereby
_making it not practical; 3) Townhouse development with private road and rental units. Rental units are not allowed
in this district, thereby requiring use and area variances.
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:
In our opinion, the character of the neighborhood will not produce an undesirable change or be a detriment to
nearoy properties. Lxlsting properties trom the previously approved development are singe tamily homes on
12,000+/- SF lots. The proposed subdivision will be single family homes of equal footprint and gross floor area,
on slightly smaller lots, thereby preserving the neighborhoods character. Therefore, granting the variance will
continue the preserving the single family and neighborhoods character.
Revised 01/2021
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ZONING BOARD OFAPPEALsAPPLICAT/ON FORM i PAGE 7'
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
In our opinion, the variance requested is not substantial since the lot characteristics proposed are similar to
standard residential cluster subdivision, that allow for smaller lots and setbacks while maintaining functional
setbacks, dwelling sizes and lot sizes.
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:
1) reducing the total lots from 40 to 16 will reduce the clearing limits of the 21 8+/- acre parcel; 2) the total clearing
limit is under 5 acres or 23% if the total site; 3) 14+/- acres will remain under one ownership and will be restricted
from any further development; 4) natural buffers to adjacent neighborhood and wetlands will be maintained.
i. 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 difficulty in developing the property and request for a variance was not self created but created from the
underdevelopment of the lands over several years and the increase in wetlands from storm discharge of adjacent
developments onto the property. Until such time the property was considered for development from the original
40 lots, the usable area had been decreased to only 5-6 acres of the 22+/- acre parcel. These restrictions in
developing the property were only realized upon the owners initiative to retain design and environmental
professional for guidance and best means practical to develop the property for single family homes.
Revised 01/2021
i
ZONING BOARD OFAPPEALSAPPLICATION 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? m 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 application for purposes of conducting any necessary site inspections relating to this appeal.
Date:
(applicant signature)
(applicant signature)
If applicant is not the currently the owner of the property, the current owner must also sign.
Owner Signature:
Owner Signature:
Date:
Revised 01/2021