HomeMy WebLinkAbout20250903 208 Lake Ave Area Variance ApplicationArea Variance Application Narrative
Applicants: David B. Ludwig and Frances C. Ray-Earle
Owner: Alicia M. Bevan (also known as Alicia Griffin)
Property: 208 Lake Avenue, Saratoga Springs, NY
Tax Parcel ID: 166.13-1-6
Zoning District: UR-3 (Urban Residential - 3)
Requested Relief:
- Relief from minimum lot width requirement
- Relief from accessory building setback requirement
I. Project Description
The 208 Lake Avenue owner desires to sell the southern portion of the property to the
owners of an adjoining property, 204 Lake Avenue. The sale would require application for
and approval of a lot line adjustment. The owner wishes to retain the two-family (2F)
designation and existing shed location of 208 Lake Avenue following the sale, and requests
approval of the necessary variances prior to proceeding. The applicants seek the following
relief
● Lot Width: 30 feet from the minimum 2F lot width of 80 feet
● Accessory Building (Shed) Setback: 3.9 feet from minimum setback of 5 ft.
II. Justification for Area Variance
Feasible Alternatives
Due to the existing built environment and the historical layout of the parcel, there are no
feasible alternatives that would allow compliance with the lot width requirement without
significantly altering the property, such as addition of land from adjacent properties.
To comply with the accessory building setback requirements, shed relocation and
alternative lot line adjustments were considered. Relocating the shed is undesirable, as its
age makes it highly susceptible to damage during the move, which would likely render it
nonfunctional. Alternative lot line configurations were considered undesirable due to their
irregularity, which would be inconsistent with the established pattern of lot lines in the
surrounding area.
Undesirable Change in Neighborhood Character or Detriment to Nearby Properties
The proposed variances will not result in an undesirable change to the character of the
neighborhood or negatively impact adjacent properties. The actual width of the area
containing the residential dwellings remains unchanged and is consistent with other parcels
in the area. The shed has existed in its current location and proximity to the new proposed
lot line is consistent with other accessory buildings in the area.. The adjustment maintains
existing conditions and supports continued residential use.
Substantiality of the Variance
The requested variances are not substantial in that they are needed to maintain existing
structure locations and use. The actual width of the area containing the residential
dwellings will remain unchanged. However, a variance is requested to account for a
reduction in the calculated lot width resulting from the sale of the southern parcel. The
requested setback variance is modest given the small scale and low impact of the shed
location.
Adverse Environmental or Physical Effects
The proposed variances will not result in any adverse environmental or physical impacts. No
new construction is proposed.
Self-Created Hardship
While the hardship may be considered self-created, it stems from the owner’s and the
applicants’ efforts to responsibly manage and adjust the property boundaries in a way that
reflects historical use and maintains the character of the neighborhood. This factor alone
should not preclude approval.
III. Supporting Materials
Included with this application:
- Completed ZBA application form
- SEQR Short Environmental Assessment Form
- Survey and site plan showing existing and proposed lot lines and accessory building
location
- Supporting photographs
IV. Conclusion
The applicant respectfully requests approval of the area variances for lot width and
accessory building setback at 208 Lake Avenue. The proposal supports responsible land use,
aligns with the goals of the Saratoga Springs Comprehensive Plan, and poses no detriment to
the public interest or neighborhood character.
Revised 01/2021
APPLICATION FOR:
INTERPRETATION, USE V ARIANCE,
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
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Has the work, use or occupancy to which this appeal relates already begun?
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)
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**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** [FOR OFFICE USE]
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CITY OF SARATOGA SPRINGS
ZONING %OA5' OF APPEALS
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www.saratoga-springs.org
204 Lake Avenue
Saratoga Springs, NY 12866
Alicia M. Bevan (aka Alicia Griffin)
208 Lake Avenue
Saratoga Springs, NY 12866
David Brett Ludwig
Frances C. Ray-Earle
dbrettludwig@gmail.com
frannie.rayearle@gmail.com aliciabevanhomes@gmail.com
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208 Lake Avenue
Saratoga Springs, NY 12866 166 13 1 6
July 10, 2024
(Deed 2024017296)UR-3
Two-family residential UR-3
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We are requesting an Area Variance to zoning lot width and setback requirements that will enable the sale of the "back
portion" of the 208 Lake Avenue property to neighboring owners of 204 Lake Avenue. The sale of "back portion" of the 208
property will be completed through a Lot Line Adjustment (changing one property boundary between 208 and 204 Lake
Avenue properties). Both existing properties would maintain zoning (UR-3).
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970.689.7928 (Brett)
303.570.5165 (Fran)
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518.948.4621
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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 'LVWULFW RHTXLUHPHQW RHTXHVWHG
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:
Article 3
Article 9
2F Minimum Lot Width
Accessory Building Minimum Setback
80
5
50
1.1
See Narrative
See Narrative
Revised 01/2021
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:
See Narrative
See Narrative
See Narrative
Revised 01/2021
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 8
DISCLOSURE
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 application for purposes of conducting any necessary site inspections relating to this appeal.
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: Date:
Owner Signature: Date:
Revised 01/2021
INSTRUCTIONS
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICATION REQUIREMENTS
1ELIGIBILITY: 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.
2COMPLETE SUBMISSIONS: Applicants a re e ncouraged to w ork w ith City s taff to e nsure a c omplete application.
TheZBA w ill only c onsider p roperly c ompleted a pplications that contain 1 original and 1 d igital version of the
following:
Completed application pages 1 and 8, the pages relating to the requested relief (p. 2 for interpretationor
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.
APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance”.
3&'&3505)&$633&/5'&&803,4)&&5*/$-6%&%*/5)*4%0$6.&/5
Check City’s website (www.saratoga-springs.org) for meeting dates.
CITY OF SARATOGA SPRINGS
Z ONING B OARD OF A PPEALS
City Hall - 474 Broadway
Saratoga Springs, New York 12866
Tel: 518-587-3550 X2533
www.saratoga-springs.org
Revised 01/2021
ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE 2
PUBLIC HEARING ADVERTISEMENT
The Zoning B oard o f A ppeals is r equired to ho ld a p ublic he aring o n e ach s ubmitted application w ithin n inety (90)
days from when it is determined to be properly complete by City staff.
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DQQRXQFHPHQW SULQWHG LQ WKH OHJDO QRWLFH VHFWLRQ RI D ORFDO SXEOLFDWLRQ DW OHDVW GD\V EHIRUH WKH KHDULQJ
PROPERTY OWNER NOTIFICATION
Applicants are required t o m ail a c opy o f t he p ublic he aring legal notice t o a ll property o wners w ithin t he f ollowing
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
Page 1 of 3
Short Environmental Assessment Form
Part 1 - 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
Name of Action or Project:
Project Location (describe, and attach a location map):
Brief Description of Proposed Action:
Name of Applicant or Sponsor: Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
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.
NO YES
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? __________ 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? __________ acres
4.Check all land uses that occur on, arH adjoining Rr near the proposed action
Rural (non-agriculture) ,ndustrial Commercial Residential (suburban)
$TXaWLF 2WKHr 6SHFLI\ Agriculture
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David Brett Ludwig, Frances Ray-Earle and Alicia M. Bevan
208 Lake Avenue - Lot Line Adjustment
208 Lake Avenue, Saratoga Springs, NY; proposed change would change a lot line in between 204 and 208 Lake Ave properties.
Proposed action would change a lot line in betwen 208 and 204 Lake Ave properties
David Brett Ludwig & Frances Ray-Earle
970.689.7928, 303.570.5165
dbrettludwig@gmail.com
204 Lake Avenue
Saratoga Springs NY 12866
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Page 2 of 3
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
.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?
F.Are any pedestrian accommodations or bicycle routes available on or near WKH 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 ZaWHr: _________________________________________
_____________________________________________________________________________________________
NO YES
11.Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment: ______________________________________
_____________________________________________________________________________________________
NO YES
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NO YES
.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
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Page 3 of 3
4.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
ƑShoreline Ƒ Forest Agricultural/grasslands Early mid-successional
Wetland Ƒ 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 ZRXOG result in the impoundment of water
or other liquids (e.g. retention pond, waste lagoon, dam)?
If Yes, explain WKH purpose and size RI WKH LPSRXnGPHnW BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
____________________________________________________________________________________________
_
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 b een WKH subject of remediation (ongoing Rr
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
Date: _____________________ Applicant/sponsorname: BBBBBBBBBBBBBBBBBBBBB______________________BBBBBBBBB __________________________
Signature: _____________________________________________________7LWOH BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
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No changes to existing storm water discharges are expected. Storm water currently is directed to Lake Avenue drainage systems.
David Brett Ludwig, Frances Ray-Earle September 19th, 2025
Owners, 204 Lake Ave, Saratoga Springs, NY
PRINT FORM
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South Side Lake Avenue between Granger and East
210 Lake Ave 208 Lake Ave 206 Lake Ave 204 Lake Ave
Front View of 210 Lake (left) and 208 Lake (right)
Front View 206 Lake (left) and 204 Lake (right)
Rear View of 206 Lake (left) and 208 Lake (right) primary dwellings
Rear View of 206 Lake (left) and 208 Lake (right) secondary dwellings
West Side of Shed
Rear View of Shed Front View of Shed
Panoramic View of South Area of 208 Lake Ave In Consideration for Sale