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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 I original and I 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". Fees are
cumulative and required for each request below.
❑ Interpretation $500
❑ Use variance $1,000
❑ Area variance
- Residential use/property $200
- Non-residential use/property$600
❑ Extensions $150
Check City's website (www.saratoga-springs.org) for application meeting dates.
Revised 01/2019
ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE
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 Saratogian legal notices at least 5 days before the hearing.
Applicants must pay The Saratogian for the legal ad and present proof of payment to the ZBA prior to the public
hearing. If proof of payment is not presented prior to the hearing, the hearing will be cancelled.
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.
Revised 01/2019
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APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANT(S)* OWN ER(S) (/f not applicant) ATTORNEY/AGENT
Barbara Young/George Kendsersky
Name
2 Elks Lane Saratoga Springs NY 12866
Address
518-527-8487
Phone / / /
barbara.x.young@gmail.com
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: m Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
2 Elks Lane, Saratoga Springs NY 153 .2 4
I. Property Address/Location: Tax Parcel No.: - -
(for example: 165.52—4—37)
5/9/2007 UR2
2. Date acquired by current owner: 3.Zoning District when purchased:
Primary Residence UR2
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes (when? For what? )
0 No
7. Is property located within (check all that apply)?: 0 Historic District 0 Architectural Review District
0 500'of a State Park,city boundary,or county/state highway?
8. Brief description of proposed action:
Maintain existing apartment in existing garage structure.
9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes IZ No
10. Has the work, use or occupancy to which this appeal relates already begun? VlYes 0 No
I I. Identify the type of appeal you are requesting (check all that apply)
0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) 0 USE VARIANCE (pp. 3-6) IZ AREA VARIANCE (pp. 6-7)
Revised 01/2019
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
❑ Interpretation $ 500
❑ Use variance $1,000
m Area variance
-Residential use/property: $ 200
-Non-residential use/property: $ 600
❑ Extensions: $ 150
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? dyes ❑No
4. If the answer to#3 is "yes,"what alternative relief do you request?❑ Use Variance 0 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? 0 Use 0 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:
Revised 01/2019
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE
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".
I. That the applicant cannot realize a reasonable financial return on initial investment for any currently permitted use on the property.
"Dollars¢s" 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):
I) 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:
Appraisal Assumptions:
Revised 01/2019
ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE{
B. Has property been listed for sale with EYes If"yes",for how long?
the Multiple Listing Service(MLS)? [ONo
I) 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 01/2019
ZONING BOARD OFAPPEALSAPPLICATION 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 01/2019
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements From To
2nd principal structure 1 2
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:
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.
No, the building and apartment pre-existed the current owners purchase. At the time of purchase, the Title insurance company
search did not uncover the code violation. The current owner purchased the property unaware of the correspondence between the
city and the previous owner. Current owner became aware of the violation and correspondence to the original owner when we
I CI.ICVCII d ICIICI Plum Jullll Barney,Anal dated Auyual 23, 2019. The LutICIII uWllela!lave made subaldlllldl
improvements and investments to the property. Dismantling the apartment would significantly diminish the value of the property,
our investment and pose a SL1bStantial finanrial Iocs Tha property was p.urChaSPd With the eXLStin9 Strurture as is and haS not
posed any issue to the health, safety and welfare of the neighborhood or community for the past 12 years we have owned it.We
are responsible property owners and respectful and appreciative of the location, property, neighborhood and community, as well
as the enviroment and wildlife in the area.
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, the building and apartment have been there since before we purchased in 2007. The property is surrounded by commercial
businesses. including the Saratoga Wilton Flks. Compassionate Care Funeral Home. Triangle Diner. and a VAPF store. There are
also residential homes on Route 9 (Marion Ave) in front of the property that pre-existed this issue. It is a property that most people
do not realize is even there as it is set back, down a long driveway. We have been very good neighbors to all in our neighborhood,
including the Elks and the businesses.Therefore, no impact would be made on the community or neighborhood to leave the
structure as is.
Revised 01/2019
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
Yes, we are applying for 100% relief. The Garage and apartment were pre-existing to our purchase of the home.The
surroundings have not changed on our property, nor have the surrounding properties or community. The property is set back from
Elks Lane and is on 2.4 acres. There is a long driveway, plenting of parking for both the main house and apartment.The Garage
apartment'has parking underneath on both sidcs that can fit up to four cars total.The sizc of thc property can accomodate this
structure and poses no adversity to the neighborhood, community or environment.
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:
The requested variance wIl not have an adverse effect on the physical or environmental effect of the neighborhood as it has not
since its been there for 14 years. The property is on Loughberry Lake, the set back for the Garage and apartment are beyond the
300 foot minimum set back for the lake. The lot size of 2.4 acres exponentially exceeds the requirements and can accomodate the
structure. The property has city water and sewer and poses no risk to the water source. The property owners are very respectful
environment. We are very ecologically conscience and respect the environment and appreciate the beauty of the property in its
current state .
If we were required to dismantle the garage apartment it would considerably diminish the value of our property and would become
a substantial financial loss to us, as we purchased the property at a higher price because of the carriage house apartment and
have invested much morc in thc property cxpccting we would receive a rcturn on our invc3tmcnt. However, this came 83 quits a
surprise that we did not forsee and will alter and substantially lessen the value of the property. It is egregious that the previous
owner did not disclose this issue at the time of sale and we are now confronted with his disreputable actiions. We recognize the
position this puts the city in and are hopeful you will recognize the precarious position it has put us in as well.
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:
No, the difficulty was not self created.We purchased the property in 2007. The garage and apartment were existing and part of
the appeal of the property.We were unaware of the violations or the correspondence with the prior owner. We did employ a real
estate attorney, Donald Zee, PC and First American Title Insurance Company at the time of purchase. No violations or issues
were found by them and we purchased the property. We have made substantial investments and improvements to the property
desirable outcome. ..
Revised 01/2019
ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGER
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? m No 0 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.
6 10/18/19
Date:
(applicant signature)
10/18/19
George Kendsersky
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 01/2019
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLICATION FOR LAND USE AND/OR BUILDING
APPLICANT: TAX PARCEL NO.: - -
PROPERTY ADDRESS: ZONING DISTRICT:
This applicant has applied to use the identified property within the City of Saratoga Springs for the following:
This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s)
.As such,the following relief would be required to proceed:
❑ Extension of existing variance 0 Interpretation
❑ Use Variance to permit the following:
❑Area Variance seeking the following relief:
Dimensional Requirements From To
Other:
Note:
❑Advisory Opinion required from Saratoga County Planning Board
ZONING AND BUILDING INSPECTOR DATE
Revised 01/2019