HomeMy WebLinkAbout20260070 145 Union Ave Area Variance ApplicationRevised 01/2021
APPLICATION FOR:
INTERPRETATION, USE VARIANCE,
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
9.Is there an active written violation for this parcel?
10.Has the work, use or occupancy to which this appeal relates already begun?
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) AREA VARIANCE (pp. 6-7)
Applicant Owner Attorney/AgentPrimary Contact Person:
**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** [FOR OFFICE USE]
_______________
(Application #)
____________
(Date received)
__________________________
(Project Title)
Check if PH Required
Staff Review _______________
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
CITY HALL - 474 BROADWAY
SARATOGA SPRINGS, NEW YORK 12866-2296
TEL: 518-587-3550 X2533
www.saratoga-springs.org
145 Union Avenue
Saratoga Springs, NY 12866
Kate Amello SD Atelier Architecture, LLC
511 Broadway, 2nd Floor
Saratoga Springs, NY 12866
kbug7150@yahoo.com sue@sdatelier.com
4
145 Union Avenue
166
69 3 17
2021 UR-4
Single Family Residence UR-4
March and April 20224
4
see attached
4
Applicant would like to remove the existing garage structure that is non-compliant and in poor condition and construct a
new garage with a living unit on the 2nd floor for her parents. This will not be rented out.
4
(617) 697-5263
4
4
(518) 587-3385
4
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:
Not Applicable
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 District Requirement Requested
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:
Table 8.4 and Table 3-A
3,000 sf/ Residence
Maximum Building Lot Coverage
Side Setback
Rear Setback
3,000 /DU
40%
5'-0"
25'
400 sf
47%
1.0'
5'
There is no other logical location for this structure since it will be a garage and must be located near the rear alley.
The existing garage structure is small and structurally unsafe and will not be able to be re-purposed.
This is a pre-existing non-conforming lot that pre-dates zoning laws. There are no options to purchase additional land.
The granting of this variance will not change the character of the neighborhood as there are are several examples of adjacent
properties reconstructing garages and creating 2nd dwelling units - There are examples attached. The structure will not be
visible from Union Avenue and is keeping the character of a detached carriage house structure. This will allow the applicant's
parents to live independently and affordably.
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:
The variances seem substantial due to the size of the lot which is substandard. The existing accessory structure is non-compliant
with the sideyard and rear setback.
The granting of the variance will not have adverse physical effect on the neighborhood as it will allow for better drainage in front
of the garage. Currently, the water is not managed properly and collects in the alleyway.
The proposed structure will provide more space from the adjacent property. It will also allow for the applicant and her parents to
remain in the neighborhood.
There are other examples of 2nd detached dwellings along the alleyway - and the structure will not be out of place or character.
The difficulty is self-created due to the Applicant's request to provide a second dwelling unit for her parents and an improved
garage that will meet current building code.
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, are adjoining or near the proposed action:
Rural (non-agriculture) Industrial Commercial Residential (suburban)
Aquatic Other(Specify):Agriculture
□ Urban
□ Forest
SEAF 2019
Parkland
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
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: _________________________________________
_____________________________________________________________________________________________
NO YES
11.Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment: ______________________________________
_____________________________________________________________________________________________
NO YES
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
NO YES
13. 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
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
Page 3 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 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
Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________
Signature: _____________________________________________________Title:__________________________________
ARCHITECTURAL SITE PLAN
W A R N I N G
THE ALTERATION OF THIS MATERIAL IN ANYWAY, UNLESS
DONE UNDER THE DIRECTION OF A COMPARA%LE NEW
YORK STATE CERTIFIED PROFESSIONAL IS A VIOLATION OF
THE NEW YORK STATE EDUCATION LAW ANDOR
REGULATIONS AND IS A CLASS A MISDEMEANOR
This document & the ideas incorporated herein as an instrument of service, is the property of SD ATELIER - ARCHITECTURE L.L.C. and cannot be used for any other purpose.
SCALE
REVISIONS
AS NOTED
DESIGN DEVELOPMENT SET - NOT to be used for construction
511 %roDdZD\, Second FOoor
SDrDtoJD SSrinJs, NY 12866
SK 5185885
ZZZsdDteOierDrcKitectureOOccoP
info#sdDteOiercoP
DATE DATE
NEW GARAGE FOR
SARATOGA SPRINGS, NY 12866
145 UNION AVENUE
KATE AMELLO
225-21
-ANUARY 2, 226
AS-1
N
CALLED
FLOOR PLANS
W A R N I N G
THE ALTERATION OF THIS MATERIAL IN ANYWAY, UNLESS
DONE UNDER THE DIRECTION OF A COMPARA%LE NEW
YORK STATE CERTIFIED PROFESSIONAL IS A VIOLATION OF
THE NEW YORK STATE EDUCATION LAW ANDOR
REGULATIONS AND IS A CLASS A MISDEMEANOR
This document & the ideas incorporated herein as an instrument of service, is the property of SD ATELIER - ARCHITECTURE L.L.C. and cannot be used for any other purpose.
SCALE
REVISIONS
AS NOTED
DESIGN DEVELOPMENT SET - NOT to be used for construction
511 %roDdZD\, Second FOoor
SDrDtoJD SSrinJs, NY 12866
SK 518583385
ZZZsdDteOierDrcKitectureOOccoP
info#sdDteOiercoP
DATE DATE
NEW GARAGE FOR
SARATOGA SPRINGS, NY 12866
145 UNION AVENUE
KATE AMELLO
225-21
-ANUARY 2, 226
DD-1
ROOF PLAN
W A R N I N G
THE ALTERATION OF THIS MATERIAL IN ANYWAY, UNLESS
DONE UNDER THE DIRECTION OF A COMPARA%LE NEW
YORK STATE CERTIFIED PROFESSIONAL IS A VIOLATION OF
THE NEW YORK STATE EDUCATION LAW ANDOR
REGULATIONS AND IS A CLASS A MISDEMEANOR
This document & the ideas incorporated herein as an instrument of service, is the property of SD ATELIER - ARCHITECTURE L.L.C. and cannot be used for any other purpose.
SCALE
REVISIONS
AS NOTED
DESIGN DEVELOPMENT SET - NOT to be used for construction
511 %roDdZD\, Second FOoor
SDrDtoJD SSrinJs, NY 12866
SK 518583385
ZZZsdDteOierDrcKitectureOOccoP
info#sdDteOiercoP
DATE DATE
NEW GARAGE FOR
SARATOGA SPRINGS, NY 12866
145 UNION AVENUE
KATE AMELLO
225-21
-ANUARY 2, 226
DD-2
EXTERIOR ELEVATIONS
W A R N I N G
THE ALTERATION OF THIS MATERIAL IN ANYWAY, UNLESS
DONE UNDER THE DIRECTION OF A COMPARA%LE NEW
YORK STATE CERTIFIED PROFESSIONAL IS A VIOLATION OF
THE NEW YORK STATE EDUCATION LAW ANDOR
REGULATIONS AND IS A CLASS A MISDEMEANOR
This document & the ideas incorporated herein as an instrument of service, is the property of SD ATELIER - ARCHITECTURE L.L.C. and cannot be used for any other purpose.
SCALE
REVISIONS
AS NOTED
DESIGN DEVELOPMENT SET - NOT to be used for construction
511 %roDdZD\, Second FOoor
SDrDtoJD SSrinJs, NY 12866
SK 518583385
ZZZsdDteOierDrcKitectureOOccoP
info#sdDteOiercoP
DATE DATE
NEW GARAGE FOR
SARATOGA SPRINGS, NY 12866
145 UNION AVENUE
KATE AMELLO
225-21
-ANUARY 2, 226
DD-3
W A R N I N G
THE ALTERATION OF THIS MATERIAL IN ANYWAY, UNLESS
DONE UNDER THE DIRECTION OF A COMPARA%LE NEW
YORK STATE CERTIFIED PROFESSIONAL IS A VIOLATION OF
THE NEW YORK STATE EDUCATION LAW ANDOR
REGULATIONS AND IS A CLASS A MISDEMEANOR
This document & the ideas incorporated herein as an instrument of service, is the property of SD ATELIER - ARCHITECTURE L.L.C. and cannot be used for any other purpose.
SCALE
REVISIONS
AS NOTED
DESIGN DEVELOPMENT SET - NOT to be used for construction
511 %roDdZD\, Second FOoor
SDrDtoJD SSrinJs, NY 12866
SK 518583385
ZZZsdDteOierDrcKitectureOOccoP
info#sdDteOiercoP
DATE DATE
NEW GARAGE FOR
SARATOGA SPRINGS, NY 12866
145 UNION AVENUE
KATE AMELLO
225-21
-ANUARY 2, 226
DD-4 EXTERIOR ELEVATIONS
Existing Garage
Photo 1 -
Photo 2 -
Photo 3 -
Example of second family dwellings along Morton Place
Photo 1 - Facing 153 Union Avenue from Morton Place
Photo 2 - View of 155 Union Avenue from Morton Place (new 2nd family dwelling)
Photo 3 – Corner of Morton Place and Ludlow –second family dwelling (assumed)