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HomeMy WebLinkAbout20260073 359 Ballston Ave Saratoga Center for the Family Area Variance ApplicationRevised  $33/,&$7,21)25 ,17(535(7$7,2186(9$5,$1&( $5($9$5,$1&($1'259$5,$1&((;7(16,21 APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT Name Address Phone / / / Email * An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question. Applicant’s interest in the premises: †Owner †Lessee †Under option to lease or purchase PROPERTY INFORMATION 1. Property Address/Location: Tax Parcel No.: ________.______ - ______ - ______ (for example: 165.52 – 4 – 37 ) 2. Date acquired by current owner:3. Zoning District when purchased: 4. Present use of property:5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? †Yes (when? For what? ) †No 7. Is property located within (check all that apply)?: † Historic District †Architectural Review District †500’ of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: †Yes †No †Yes †No ,VWKHUHDQDFWLYHZULWWHQYLRODWLRQIRUWKLVSDUFHO" Has the work, use or occupancy to which this appeal relates already begun? Identify the type of appeal you are requesting (check all that apply): †INTERPRETATION (p. 2) † VARIANCE EXTENSION (p. 2) † USE VARIANCE (pp. 3-6) † AREA VARIANCE (pp. 6-7) †$SSOLFDQW †2ZQHU †$WWRUQH\$JHQW3ULPDU\&RQWDFW3HUVRQ **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED**[FOR OFFICE USE] _____________BB $SSOLFDWLRQ  _________BB_ 'DWHUHFHLYHG  @@@@@@@@@@@@@@@@@@@@@@@@@@ 3URMHFW7LWOH &KHFNLI3+5HTXLUHG 6WDII5HYLHZBBBBBBBBBBBBBBB CITY OF SARATOGA SPRINGS =21,1*%2$5'2)$33($/6 &,7<+$//%52$':$< 6$5$72*$635,1*61(:<25. 7(/; ZZZVDUDWRJDVSULQJVRUJ 359 Ballston Avenue Saratoga Springs, NY 12866 (same as Applicant)Saratoga Center for the Family The LA Group, P.C. 40 Long Alley Saratoga Springs, NY 12866 rabre@saratogacff.org mingersoll@thelagroup.com ✔ 359 Ballston Ave, Saratoga Springs 1780416 04/03/2001 SWAD Domestic Violence Shelter/Office UN (T-4) ✔ ✔ ✔ The proposed action is the construction of a single-story standalone expansion structure of ±3,200 SF that will address the Applicant's needs to grow their current services. ✔ (518) 587-8241 ✔ ✔ x303 (518) 587-8100 x218 ✔✔ Revised  ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2 IINTERPRETATION – 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: N/A N/A N/A Appraisal Assumptions: Revised  ZONING BOARD OF APPEALS APPLICATION FORM PAGE 3 UUSE 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: N/A N/A Revised  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: N/A Revised  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: N/A Revised  ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6 AAREA VARIANCE – PLEASE ANSWER THE FOLLOWING (add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements 'LVWULFW5HTXLUHPHQW 5HTXHVWHG 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: VIH[LVWLQJVIQHZ § 240-4.3 Residential mixed-use districts standards. Minimum Building Height Maximum cumulative area of new & existing one-story structure Minimum front build-to zone Minimum build-out percentage 24' 3,000 SF 18' 50% ±12.5' average (11.5' reduction) ±4,000 SF ±248' from PL (230' increase) 0% (100% relief) Concepts for expanding the existing structure were examined and due to the cost constraints and the need to maintain operations during the construction of the new structure, the proposed option is the most viable to achieve the applicant's goals. Interior renovations are anticipated once the new building is completed. Area variance relief would be required for any expansion of the facility due to its existing building site, location and desired function to have patrons enter to the rear of the structure. Granting of the requested variances will not change the character or context of the neighborhood nor will it cause a detriment to the nearby properties which currently are utilized for light industrial, residential, office, and recreational purposes. The proposed new structure will not be visible from the street and will appear as an accessory structure to the main building. Revised  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 variance requests are designed to not be substantial and are largely due to the change of zoning criteria that has occurred since the initial purchase and approved uses for this site. The rear location and size of the proposed structure has been designed to provide the minimum requirement needed for the operations of the Applicant. The requested variances have been designed to not cause adverse physical or environmental impact to the neighborhood. The proposed structure location is in part located on areas of existing pavement and areas previously disturbed so as to minimize impacts to permeability and impervious areas as well as to preserve existing vegetative buffers and screening to the site. The alleged variances are self-created. However, compliance with the current UDD Zoning dimensional criteria conflicts with the mission, security and operations of this users needs that were revised and approved previously under the SWAD zoning at the time of and initial adaptive reuse of the property and at the time of purchase. Revised  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, resi dence 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: Rebecca Abre Digitally signed by Rebecca Abre Date: 2026.01.29 10:25:10 -05'00' 1/29/26 ✔ Revised  INSTRUCTIONS AAPPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS ELIGIBILITY: To apply for relief from the City’s Zoning Ordinance, an applicant must be the propertyowner(s) or lessee, or have an option to lease or purchase the property in question. The Zoning Board ofAppeals (ZBA) shall not accept any application for appeal that includes a parcel which has a written violationfrom the Zoning and Building Inspector that is not the subject of the application. COMPLETE SUBMISSIONS: Applicants are encouraged to work with City staff to ensure a complete application. TheZBA will only consider properly completed applications that contain original and  digital 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 supportingmaterials/ documentation. +$1':5,77(1$33/,&$7,216:,//127%($&&(37(' †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; ZZZVDUDWRJDVSULQJVRUJ Revised  ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE 2 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. &LW\VWDIIZLOOSUHSDUHDOHJDOQRWLFHIRUWKHSXEOLFKHDULQJDQGDUUDQJHWRKDYHWKHSXEOLFKHDULQJ DQQRXQFHPHQWSULQWHGLQWKHOHJDOQRWLFHVHFWLRQRIDORFDOSXEOLFDWLRQDWOHDVWGD\VEHIRUHWKHKHDULQJ 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. City of Saratoga Springs OFFICE OF PLANNING AND ECONOMIC DEVELOPMENT FEES - 2026 Application to City Council FEE Comprehensive Plan Amendment Zoning Ordinance Amendment Planned Unit Development (PUD) Amendment $1,800 + $300/acre $800 + $300/acre $800 + $300/acre Application to Zoning Board of Appeals FEE Use Variance $1,400 + $75/app Area Variance - Residential (1 & 2 Family) $350/1st var + $75/app + $150/ea add variance Area Variance - 3+ Family and Commercial $1,000/1st var + $75/app + $200/ea add variance Interpretations $650 + $75/app Post Work Application Fee Application Fee x2 + $75/app Variance Extensions 50% of Application Fee + $75/app Application to Design Review Board FEE Demolition Residential Structures - 1 or 2 Family Principal or Accessory Structure Materials Change - roof, windows, siding $500 $75 Façade Change - removal/addition of windows, doors, $150 Addition or new construction $300 Approval Extension 50% of application fee 3+/Multi-Family, Comm, Mixed-Use Principal or Accessory Structure Materials Change - roof, windows, siding, paint color $150 Façade Change - removal/addition of windows, doors, $150 Addition or new construction $650 Approval Extension 50% of application fee Post Work Application Fee Application Fee x2 Application to Planning Board Special Use Permit $1,200 + $75/app Temporary Use Permit $500 Special Use Permit - Extension $400 Special Use Permit - Modification $550 + $75/app Site Plan Review - incl. PUD Sketch Plan $400 per sketch Site Plan Full Residential $400 + $250/unit Non-Residential / Mixed-use $800 + $150/1,000 sf (Non-Res) + 250 unit (Res) Administrative SPR Residential $400 Non-Residential / Mixed-use $800 Extension Residential $250 Non-Residential / Mixed-use $350 Subdivision - incl. PUD Sketch Plan $400 per sketch Preliminary Approval Residential: 1-5 Lots $700 + $75/app Residential: 6-10 Lots $1,100 + $75/app Residential: 11-20 Lots $1,450 + $75/app Residential: 21+ Lots $1,800 + $75/app Residential - Extension $350 Final Approval Residential $1,550 + $200/lot + $75/app Non-Residential $2,400/lot + $75/app Final Approval Modification Residential $400 + $75/app Non-Residential $800 + $75/app Final Approval Extension Residential $250 Non-Residential $350 * Subdivisions and Site Plans are subject to Engineering Review- See DPW Fees Demolition $500 Residential Structures – 1 or 2 Family Principal or Accessory Structure Materials Change - roof, windows, siding $75 Façade Change - removal/addition of windows, doors, porch $150 Addition or new construction $300 Approval Extension 50% of Application Fee 3+/Multi-Family, Comm, Mixed-Use Principal or Accessory Structure Equipment Install or Materials Change - roof, windows, siding, paint color $150 Signs, awnings $150 Façade Change - removal/addition of windows, doors, porch $300 Addition or new construction $650 Approval Extension or Modification 50% of Application Fee Post Work Application Fee Application x2 Other Lot Line Adjustment/Subdivision Administrative Action $400 Letter of Credit – Modification Extension $400 Letter of Credit - Collection up to 1% of LoC Recreation Fee $2,000/lot or unit Land Disturbance Activity Permit $750 + $35/acre Watercourse/Wetland Permit $750 Watercourse/Wetland Permit Extension $350 SEQRA EIS Review (Draft & Final) TBD Sidewalk Fee Lieu See DPW Fees Tree Removal Avg. nursery cost in caliper of new species equivalent to diameter at breat height (DBH of tree(s) Removed diameter at breat height (DBH of tree(s) Removed Photo 1: Front of 359 Ballston Avenue taken from the street. Photo 2: Front of 359 Ballston Ave taken at the street from the north, looking south. Photo 3: Front of 359 Ballston Avenue taken at the street from the south, looking north. Photo 4: Back of property at 359 Ballston Ave (area where new building is proposed), taken from the parking lot, looking northwest. Photo 5: Back of property at 359 Ballston Ave (area where new build is proposed), taken from the parking lot, looking south. Photo 6: Main entrance, taken from the parking lot, looking towards Ballston Ave. Photo 7: Main entrance, taken from the parking lot, looking towards Ballston Ave. Photo 8: Back of property at 359 Ballston avenue (area where new build is proposed), taken from the northern parking lot, looking south SC A L E : DA T E : RE V I S I O N S : A R C H I T E C T S 4 1 L o n g A l l e y S a r a t o g a S p r i n g s , N Y 1 2 8 6 6 P h o n e : 5 1 8 - 5 8 4 - 7 5 1 4 F a x : 5 1 8 - 5 8 4 - 7 5 2 3 A1.2 SA R A T O G A C T R . F O R T H E F A M I L Y 35 9 B a l l s t o n A v e n u e Sa r a t o g a S p r i n g s , N Y PE R S P E C T I V E S 11 . 1 8 . 2 5 VIEW FROM SOUTHEAST1 A1.2 VIEW FROM NORTHEAST2 A1.2