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HomeMy WebLinkAbout20251055 722 N Broadway / 49-51 Bryan St Area Variance Application*HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED* (FOR OFFICE USEI CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS f ` ' CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 J' TEL: 518-587-3550 X2533 tc\opa7Ee `�h www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* Robert J. Klein and Margreth J. Brontoli Name 722 N. Broadway Address Saratoga Springs, NY 12866 (516) 672-8881 Phone / brontokleinus@aol.com Email Primary Contact Person: ❑✓ Applicant OWNER(S) (If not applicant) (Application #) (Date received) (Project Title) Check if PH Required Staff Review ATTORNEY/AGENT 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: 0 Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 722 N. Broadway/ 49-51 Bryan Street 165 28 2 20 1. Property Address/Location: Tax Parcel No.: - 5/12/2015 2. Date acquired by current owner: Residence 4. Present use of property: (for example: 165.52 — 4 — 37) UR1/UR2 3. Zoning District when purchased: UR1/UR2 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? 11 A 5/2024 For what? Front setback 0 No 7. Is property located within (check all that apply)?: 0 Historic District 0 Architectural Review District ❑ 500' of a State Park, city boundary, or county/state highway? Modification of decision # 20240977 to request a 2 foot side setback which is a 8. Brief description of proposed action: 3 foot relief from the present 5 foot side setback. 9. Is there an active written violation for this parcel? ❑ Yes Wf No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes e 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) 112 AREA VARIANCE (pp. 6-7) Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 6 AREA VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 3 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested Side setback 5 Ft. 2 Ft. 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. Due to the presence of a carport on the main house, there is no other access to the rear and sides of the main house and rear of the carriage house by equipment other than by the driveway between the proposed garage and the exisiting carriage house. ere is insufficient room to allow sae vehicle and maintenance equipment, including snow plow, passage on this driveway between the proposed garage and existing carriage house without decreasing the south side setback. 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: There are homes and structures on Bryan Street (including all of the properties on the west side of our block) that have side setbacks that are less than that required by the present code. There are no structures next to the proposed garage on the adjacent property that would e visually or otherwise adversely impacted y the presence ot the proposed garage oca ion. ue to the fact that the proposed garage roof overhang is one foot, the actual south wall of the proposed garage would be three feet flurn thu pluperty IM11C Of this Val ical ItIt'- is approved which is not likely to catise a significantly noticeable differei me 611 the cl mictute. of the neighborhood. (See attachment) Revised 01/2021 ZONING BOARD OFAPPEALSAPPLIC4T1oN FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: Due to the small 3 foot requested variance, there would be negligible effect on the distance from the proposed garage to the property line especially considering that one foot of this variance would be due to the one foot garage overhang that would leave 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 variance requested is so small that it would not have a significant adverse physical or environmental effect on the neighborhood. 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: This difficulty can be seen as being self-created but it is a byproduct of restoring a garage to it's previous historical location with the inherent spatial limitations present in this location. Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE B 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? 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 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. 11 /17/2025 Date: (applicant signature) Va4 C41V4—CZ Date: (applitt—signature ) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Date: Owner Signature: D 11 /17/2025 Revised 01/2021 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 Name of Action or Project: Modification of Zoning Board Decision 20240977 Project Location (describe, and attach a location map): Southeast corner of lot 165.28-2-20 Brief Description of Proposed Action: Construction of single one story garage Name of Applicant or Sponsor: Telephone: 516-672-8881 E-Mail: brontokleinus@aol.com Robert J Klein Address: 722 N Broadway. 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, administrative rule, or regulation? NO YES 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 finding from any other government Agency? NO YES If Yes, list agency(s) name and pen -nit or approval: ❑ ❑ 3. a. Total acreage of the site of the proposed action? 0.62 acres b. Total acreage to be physically disturbed? 0.009 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 0.62 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial m Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan?Fy 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 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 ❑ ❑ ❑ ❑ 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: N/A NO YES ❑ ❑ 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: N/A NO YES 171 ❑ 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 ✓❑ ❑ ❑ ❑ B. 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 m 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 ❑ ❑ 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: Robert J. Klein Date: 11/15/2025 Signature: Title: Owner PRINT FORM > `4; 3 O MAy� yypp s 3 Z NORTH „ o_„„ BROADWAY b .i <� ro i# p CNO Rl n a. 8 E _ 20NINC DISTRICT80UNWtY it, )Al IF i --- - :e YY� i3 lip SZB•SO'00'W W.00' .Iq BRYAN �.<,M .u_ / STREET o� D Ill � < � ,.4 ti � � F �' A m r��R. o m L D N O g a 2 `off � P' r � m � � � �` m mmv p 4 a2 Z O T 94A Z P m wm In �Qi Precedents for Structures on Property Line H 35 q 76 There are many such structures on Bryan Street, we focus here on five of the most nearby structures. As these were all built in another era, and as the structure we are trying to resurrect (the Garage) was created around this time as well, it would be atypical for such a structure on this street to be spaced 5 feet from the property line. Please see Comparable structures, followed by the Original Sanborn layout showing the original placement of the garage right on the property line. Between 49-51 Bryan Street and 53 Bryan Street (Our Carriage House — 32 inch space) 53 Bryan Street (white fence is 55 Bryan Street) �t K�loom 5 0 It 57 Bryan Street close to 55's Property Line ■�ri INS INS 50 Bryan Street and 52 Bryan Street (property line to immediate left of yellow house) 10 722 Nor Broad«a F i NVAb V Sanborn Map—1909-1972 Here you can see the Sanborn Map reflecting the Garage being situated on both of the property lines in its former iteration.