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HomeMy WebLinkAbout20250743 112 Fifth Ave Area Variance Revised Application 09182025**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED*" CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS f. r CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 .; TEL: 518-587-3550 X2533 Lopp o, «„ N9`www.saratoga-springs.org Name Address APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPUCANT(S)* Witt Construction, Inc. 563 N Broadway Suite 1 Saratoga Springs, NY 12866 518-587-4113 Phone / chopeck@wittconstruction.com Email Primary Contact Person: Q✓ Applicant OWNERS) (If not applicant) Mario & Dawn Martinez rFOR OFFICE USEI (Application #) (Date received) (Project Title) Check it PH Required Staff Review ATTORNEY/AGENT 114 5th Ave Saratoga Springs, NY 12866 845- /798-289-6- dawn@martoga.com maro@martoga.com Owner QAttorney/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: la Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 112 5th Ave 166 I .Property Address/Location: Saratoga Springs, NY 12866 Tax Parcel No.: - (for example. 165.S2 — 4 — 37) UR-1 2. Date acquired by current owner: Single Family 4. Present use of property: 14 4 38 3. Zoning District when purchased: UR-1 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? 11-17-22 For what? Variance ) 0 No 3-15-23 #20221094 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: New Construction of a Single Family Home 9. Is there an active written violation for this parcel? ❑ Yes lid No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes 0 No 11. Identify the type of appeal you are requesting (check all that app/ ): ❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) a AREA VARIANCE (pp. 6-7) Revised 01/2021 ZONING BOARD OPAPPEALsAPPUCAT/ON FORM PAGE 2 — 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? dyes ❑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 OFAPPEALSAPPL/CAT/OM 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: $ 7) Appraised Value: $ Appraisal Assumptions: Revised 01/2021 Appraiser: Date: ZONING BOARD oFAPPEALSAPPLICATION FORM 2. B. Has property been listed for sale with OYes If "yes", for how long? the Multiple Listing Service (MLS)? UNo 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? If yes, describe frequency and name of publications: 3) Has the property had a "For Sale" sign posted on it? C1Yes ❑ No If yes, list dates when sign was posted: QYes []No PAGE 4 4) How many times has the property been shown and with what results? 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 ZON/NG BOARD OFAPPE4LSAPPur-477DN 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 OFAPPEALSAPPL/c4 T/ON FORM PAGE G AREA VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): Article 3-3.3 Table 3A The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements Maximum Building Coverage Minimum Interior Side Setback Minimum Total Interior Side Setback Minimum Rear Setback Maximum Impervious Surface Coverage Other: District Requirement 28% 12ft 30 ft 30 ft 50% Requested 41.3% 10.5 ft 22.5 ft 18.7ft 59.9% 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. Yes, a home could be designed to fit within the current setbacks, but it would not meet the owner' s needs to age in place on the first oor. I he design would i e y need to be a ox- i e, three-story home with an elevator. structure ot this scale and c arac er would not be in keeping with the existing homes along Fifth Ave. The Proposed residence is intended to replace the current ranch- Style home, which was built under outdated standards, and does not comply with today's building codes. The existing home no longer meets the needs of Mario and Dawn Martinez. 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: No, granting the area variance will not cause an undesirable change to the character of the neighborhood or negatively impact nearby properties. The proposed home has been designed to complement the aesthetic of both new and existing residences along Fifth Avenue by incorporating architectural elements and materials that blend with the surrounding homes. The front of the home is aligned with neighboring houses and includes a 6-foot-deep usable front porch. At the rear, a screened porch is incorporated within the footprint of the home, ensuring it does not extend further into the backyard. Revised 01/2021 ZONING BOARD oFAPPEALSAPPLIC4T1cN FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The variance we are requesting is not substantial. The front yard setback complies with the requirements when averaged with the neighboring homes on each side. The proposed home is consistent in scale with surrounding homes, some of which sit on smaller lots. On this side of the street, nearby lot sizes range from 7,500 sq. ft. to 12,500 sq. ft., while our lot is 10,000 sq. ft. Additionally, all homes on this side of the street have at least 20 feet from their front property line to the street. If this space were factored in, it would reduce the variance needed for principal lot coverage. It is also important to note that many variances have been granted along Fifth Avenue, and based on our research, all existing homes do not meet current Zoning Standards. From our research, the average approved side yard setback along the street is approximately 10.5 feet, with an average total interior side yard of 21feet. Our request for an overall interior side yard setback of 22.9 feet which is less restrictive than the street average interior side yard setbacks. 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: No, the proposed variance will not create any adverse physical or environmental impact on the neighborhood. The building has been carefully designed to avoid negative effects on this property or adjacent properties. The proposed single-family any S. 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 variance is self-created. The owner plans to retire at this residence and is looking ahead to ensure the home will meet theiv Iong-tenra needs. The dftign piovides adequate storage, a latind,y area, and a pihnaiy suite on the n,01., level, while also allowing access to the front and back porches and yard with minimal steps. Revised O1/2021 ZONING BOARD OFAPPE4LSAPPL/C4770N FORM DISCLOSURE PAGE B 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. 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 authori a members of the Zoning Board of Appeals and designated City staff to enter the property associate th application for pur es of conducting any necessary site inspections relating to this appeal. \\ 8/19/25 Date: (app�ica ignature) Date: (applicant signature) If applicant is not the currently the owner of the property, the current owner must also sign. 8/19/25 Owner Signature: Date: Owner Signature: Date: 8/19/25 Revised 01/2021 CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS i, City Hal.L - 474 3ro"iway Sara toga. Srri"s,, Ne urYak-,12866 Tel,, 518-587-3550 X2533 c�RPCRAT www:sara4vga.-Ppr- "s org INSTRUCTIONS APPEAL TO THE ZONING BOARD FORAN 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 I 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. Revised 01/2021 ZONING BoARO APPEAL APPL/CATION /NS ucnoNs PUBLIC HEARING ADVERTISEMENT PAGE2 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: ype 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. Revised 01/2021 City of Saratoga Springs f ?' City Hall - 474 Broadway Saratoga Springs, New York 12866 - Tel:518-5873550 www.saratogaspr'tngs.org Office of Planning & Economic Development Application to City Council FEE Comprehensive Plan amendment $1,800 + $300/acre Zoning Ordinance amendment $800 + $300/acre Planned Unit Development PUD amendment $800 + $300/acre Application to Zoning Board of Appeals Use Variance $1,400 + $50/app Area Variance - Residential (1 & 2 Family) $350/1st var +$50/app +$150/ea add variance Area Variance - 3+ Family and Commercial $1000/1st var + $50/app+ $200/ as add variance Interpretations $650 + $50/app Post Work Application Fee Application Fee x 2 + $50/app Variance extensions 50% of Application fee + $50/app Demolition $500 Residential Structures - 1 or 2 Family Principal or Accessory Structure Materials Change -roof, windows, siding $75 Facade Change-removalladdition of windows, doors, porch $150 Addition or new construction $300 Approval Extension or Modification 50% of application fee 3 + /Multi -Family, Comm, Mixed -Use Principal or Accessory Structure Materials Change -roof, windows, siding, paint color $150 Signs, Awnings $150 Facade Change-removal/addition of windows, doors, porch $300 Addition or new construction $650 Approval Extension or Modification 50% of application fee Application to Planning Board Special Use Permit $1200 + $50/app Temporary Use Permit $500 Special Use Permit - extension $400 Special Use Permit - modification $550 + $50/app Site Plan Review - incl. PUD: Sketch Plan $400 per sketch Site Plan Full Residential $400 + $250/unit Non-residential $800 + $150/1000 sf Administrative SPR Residential $400 Non-residential $800 Extension Residential $250 Non-residential $350 Subdivision - Incl. PUD: Sketch Plan $400 per sketch Preliminary Approval Residential: 1-5 lots $700 + $50/app Residential: 6-10 lots $1100 + $50/app Residential: 11-20 lots $1450 + $50/app Residential: 21+ lots $1800 + $50/app Residential - extension $350 Final Approval Residential $1,550 + $200Aot + $50/app Non- Residential $2,400/lot + $50/app Final Approval Modification Residential $400 + $50/app Non- Residential $800 + $50/app Final Approval Extension Residential $250 Non- Residential $350 Other: Lot Line Adjustment/Subdivision Administrative Action $400 Letter of Credit - modification or extension $400 Letter of Credit - collection up to 1 % of LoC Recreation Fee $2000Aot or unit Land Disturbance $750 + $35/acre Watercourse/Wetland Permit $750 SECIRA EIS Review Draft & Final TBD