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HomeMy WebLinkAbout20260082 165 Elm St Area Variance Application"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" 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 APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION fFOR OFFICE USE] (Application #) (Date received) (Project Title) Check if PH Required APPLICANT(S)* OWNER(S) (lfnot applicant) ATTORNEY/AGENT Sean O'Keeffe Name 165 Elm Street, Saratoga Springs, NY Address jg8ss 518-937-5947 Phone Email sokeeffe645@gmail.com Primary Contact Person: Q✓ Applicant Owner QAttorney/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: m Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 165 Elm Street, Saratoga Springs, NY 165 74 1 16 1. Property Address/Location: 12866 Tax Parcel No.: - (for example: /6. 52 — 4 — 37) August 12, 2024 UR-2 2. Date acquired by current owner: 3. Zoning District when purchased: Primary Residence UR-2 4. Present use of property: S. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? ❑ Yes (when? For what? ) m 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: Close open building permit at residence by resolving issues related to an inaccurate plot plan submitted for a building permit by previous owner. This entails allowing an a/c condenser to remain in Its place over the property Ilne per an agreement wan my neignbor as well as a 5-lool area variancLy ig Ine sideyard setback to comply with the 8-foot set back required by the UR-2 Residential District Dimensional Standards. 9. Is there an active written violation for this parcel? ❑ Yes IM No 10. Has the work, use or occupancy to which this appeal relates already begun? 0 Yes No 11. Identify the type of appeal you are requesting (check all thatapp/y): ❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 12 AREA VARIANCE (pp. 6-7) Revised 01/2021 Zom1vo BOARD OFAPPEALSAPPL/G4T10N FORM PAGE 6 AREA VARIANCE— PLEASE ANSWER THE FOLLOWING (add additional information as necessary): UR-2 Residential District The applicant requests relief from the following Zoning Ordinance article(s) Qimensional Standards Dimensional Requirements District Requirement Requested Minimum Interior Side Setback - 8' 8' 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: 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. No alternatives to the variance have been explored. I spoke to representatives of the Saratoga Springs Building Department in person who advised me to fill out a ZBA to resolve this issue. 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: The issues this variance is going to solve have been in place since 2018, and no complaint has been filed since that time about undesirable change in the neighborhood. Revised 01/2021 ZONING BOARD Of APPE&sAPPUC71 TION FORM PAGE % 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The variance is solving administrative and bureaucratic issues regarding a minor error in land surveying. No material change to the structure or property is expected to occur if the variance is granted. 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 is solving administrative and bureaucratic issues regarding a minor error in land surveying. No material change to the structure or property is expected to occur if the variance is granted. 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 difficulty was created by the previous owner of this property, their contractor, and the City of Saratoga Springs. The issue was created from miscommunication and/or measurement errors between these parties regarding the exact details of the plot plan. This Issue was not disclosed to me when i purchased the property. Revised O1/2021 ZONING BOARD OFAPPE4LSAPPL1G477oN 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? m 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. /Y7 _ Date: (applica 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 11-1 f . 4 _ Kim�fiy and | 3. Met 1 _m — � I� � I pp , | Cb ` . Elm \ 2 )§ � � �(! .h ` ©� \ w W ? r T /i| [ $| � IS Xo�er Faster _, / \ —r=:- — ! k (\§ / \ n 4} . .: \ / Elm ste |) }! « \t® d \ # »\ 1 \C . ~ #20150327B7 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: Close Building Permit at 165 Elm Street Project Location (describe, and attach a location map): 165 Elm Street, Saratoga Springs, NY 12866 Brief Description of Proposed Action: Close open building permit at residence by resolving issues related to an inaccurate plot plan submitted for a building permit by previous owner. This entails allowing an a/c condenser to remain in its place over the property line per an agreement with my neighbor as well as a 6-foot area variance of relief oonceming the side yard setback to comply with the 8-foot set back required by the 11R-2 Residential District Dimensional Standards. Name of Applicant or Sponsor: Telephone: 518-937-5947 E-Mail: sokeeffe645@gmail.00m Sean O'Keeffe Address: 165 Elm Street 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, NO YES 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. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES ❑✓ ❑ If Yes, list agency(s) name and permit or approval: 3. a. Total acreage of the site of the proposed action? .202 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? .202 acres 4. Check all land uses. that occur on, are adjoining or near the proposed action: m Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑ 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? 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 F7 ❑ ❑ ❑ 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 IT ❑ 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 ❑ ❑ ❑ ❑ 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 ❑✓ ❑ ❑ ❑ 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 m 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 F-4 El 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 W1 El I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Sean O'Keeffe Date: 9/1712025 L Title: '1l1 7 I �S Signature: e {/Yl NIL PRINT FORM Page 3 of 3 ''. t �� ... j , :a r.';.�r �' ,{del' �`��'►.r�.,,, a ��I!b� } v '' _:ram".'" � � � ' �:.: 4 k:` �' :, �1:,� %� . .. #� � /� _ � _ ., � v � �: 1 �t `t t . a �' f �, ==== � � ==_== __-- �-v^t�1R� -_.. n�' __ _ � � (. i^L" jib'" a.�'s7 ��t i �. �Y A -���-j�'y"�)aq'n �.. F ,mac �'� 1r�r �� a� - *� � :�'.4.�34Y�' ?(.� ,� --p �_ � ✓�,�]�', �iM a � � � '� : _." _�:,. _ '�., _ .,..;��illl f��..�r" �1�`a1Ml�''.�.- _ ',� � .aim : i �1111�4��'�'..� �?�1�. , y`'� ' Sys, 6r �� A � s� ► � S S' ; 4 �-'ti . �. � 1 `. N y�,7�tt'4c z .� EASEMENT AND RIGHT OF WAY This Easement and Right of Way is made this 31 st day of January, 2026, between Andrew Lindner and Bethany Van Velsor, residing at 167 Elm Street, Saratoga Springs, New York 12866 (hereinafter referred to as "Grantors") and Sean O'Keeffe, residing at 165 Elm Street, Saratoga Springs, New York 12866 (hereinafter referred to as "Grantee"), WITNESSETH: That the Grantors, being the owners of or having an interest in real property located at 167 Elm Street, Saratoga Springs, New York, for and in consideration of One Dollar ($1.00) to them in hand paid by the Grantee and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto the Grantee, and his heirs, successors, and assigns, a permanent easement and right of way over certain lands of the Grantors for the purpose of allowing Grantee to situate and maintain and air conditioner condenser unit on said property, together with the right, privilege and authority to cross over by foot said area, as Grantee or his heirs, successors or assigns, may now require and from time to time in the future, and for the purposes set forth herein, subject to the conditions set forth herein. The easement shall be approximately 5 feet wide and 25 feet long, situated at 167 Elm Street, Saratoga Springs, New York 12866, and running along the boundary line between the properties located at 165 Elm Street, Saratoga Springs, New York 12866 and 167 Elm Street, Saratoga Springs, New York 12866. The above -mentioned easement and right of way are subject to the following rights and conditions: 1. For the purpose of ingress and egress by pedestrian traffic to be used solely for the purposes set forth herein. 2. For the purpose of installing, accessing, maintaining and repairing the air conditioner condenser unit servicing 167 Elm Street, Saratoga Springs, New York 12866, at Grantee's sole expense, with the rights, privileges and authority to repair, operate, inspect and maintain said air conditioner condenser unit, which the Grantee or his heirs, successors, or Assigns shall require now and from time to time in the future may require, together with free ingress and egress over the easement and right of way, for all of the above purposes. 3. The Grantee shall perform all construction, alteration, improvements and repairs in a manner which will permit open access to the remaining lands of the Grantors and with t least amount of disturbance and sufficient to enable Grantors and its successorshe utilize the property. The easement and right of way shall not be fenced without the con sent to Grantors. Grantors' rights reasonably to cross and utilize the r' consent e unreasonably impaired. fight -of --way shall not be 4. Grantee shall indemnify Grantors from any and all loss or damage arising out of the use, occupation, construction design or maintenance of such easement area by the Grantee or his agents or invitees. This shall not apply to the negligent acts of the Grantors or his agents or invitees. 5. This easement shall run with the land. The Grantors, and Grantors' heirs, successors and assigns, shall retain all rights and interests in the property, subject to the easement herein granted and conveyed IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their respective hand and seals. A If 17 r-- Andrew Lindner GrAntor Bethany an Velsor Grantor la4/1 (`q Sean O'Keeffe ir Grantee