HomeMy WebLinkAbout20260185 28 Fifth Ave Area Variance ApplicationRevised 01/2021
APPLICATION FOR:
INTERPRETATION, USE V ARIANCE,
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
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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)
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**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** [FOR OFFICE USE]
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CITY OF SARATOGA SPRINGS
ZONING %OA5' OF APPEALS
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www.saratoga-springs.org
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:
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 'LVWULFW RHTXLUHPHQW RHTXHVWHG
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:
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:
Revised 01/2021
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, 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.
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:
Revised 01/2021
INSTRUCTIONS
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICATION REQUIREMENTS
1ELIGIBILITY: 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.
2COMPLETE SUBMISSIONS: Applicants a re e ncouraged to w ork w ith City s taff to e nsure a c omplete application.
TheZBA w ill only c onsider p roperly c ompleted a pplications that contain 1 original and 1 d igital 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 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.
APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance”.
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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 X2533
www.saratoga-springs.org
Revised 01/2021
ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE 2
PUBLIC HEARING ADVERTISEMENT
The Zoning B oard o f A ppeals is r equired to ho ld a p ublic he aring o n e ach s ubmitted application w ithin n inety (90)
days from when it is determined to be properly complete by City staff.
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PROPERTY OWNER NOTIFICATION
Applicants are required t o m ail a c opy o f t he p ublic he aring legal notice t o a ll property o wners w ithin t he f ollowing
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.
(FORMERLY KNOWN AS PHILA STREET)
WIDTH OF PAVEMENT VARIES
RIGHT OF WAY = 10 FT.
WIDTH OF PAVEMENT = 35± FT.
RIGHT OF WAY = 75 FT.
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DEED NO. 2020031903
JOHN M. AND CAROLINE M. RAY
LANDS NOW OR FORMERLY OF
PARKING AREA
MACADAM
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WALK
SLATE
STEPS
WOOD
COVERED PORCH
AREA = 9,450± SQ. FT.
DEED NO. 2022010975
THOMAS E. AND LEONA W. BECK
LANDS OF
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LANDS NOW OR FORMERLY OF
DEED NO. 2008033145
DAVID STRAUSS AND AMY IANNUCCI
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POOL
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SLATE STEPS
N87°15'00"W
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NO. 28 FIFTH AVENUE
LOT 5
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25.00'12.00'
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DATE:
MAP NO.
SURVEY OF LANDS OF
CITY OF SARATOGA SPRINGS, (I.D.)
SARATOGA COUNTY, NEW YORK
1 INCH = 10 FEET
SCALE:
LOCATION:
TITLE:
2025-08-03
MARCH 20, 2025
DANIEL C. WHEELER, LS
PH. (518) 583-7302 FAX (518) 583-7303
432 BROADWAY, SUITE 5, SARATOGA SPRINGS, NY 12866
PROFESSIONAL LAND SURVEYING
DANIEL C. WHEELER
P.L.S. LIC. NO. 50,137
URVEY
SSOCIATES, LLC
SA
THOMAS E. AND LEONA W. BECK
UNAUTHORIZED ALTERATION OR ADDITION TO THIS MAP IS A VIOLATION OF ARTICLE 145, SECTION 7209, SUB-PARAGRAPH (2)
OF THE NEW YORK STATE EDUCATION LAW.
OFFSET DIMENSIONS ARE MEASURED TO ROOF LINES.
MAP REFERENCES:
NOTES:
1.)
MINIMUM SETBACKS:
MIN. CORNER SIDE: 25 FT.
TOTAL SIDE: 30 FT.
ONE SIDE: 12 FT.
REAR: 30 FT.
FRONT: 30 FT.
ZONING DISTRICT: UR-1
ZONING INFORMATION:
LOT LINES 4 FT.
PRINCIPAL BUILDING WITHIN 20' OF SIDE
MAXIMUM FIRST FLOOR ELEVATION WHEN
MAXIMUM IMPERVIOUS SURFACE COVERAGE: 50%
MINIMUM LOT SIZE: 12,500 SQ. FT.
MAXIMUM BUILDING HEIGHT: 40 FT.
MINIMUM LOT WIDTH: 100 FT.
MAXIMUM BUILDING COVERAGE: 28%
CLERK'S OFFICE AS DEED NO. 2007037085.
DEED DATED SEPTEMBER 13, 2007 FROM THOMAS E. BECK AND LEONA W. BECK TO
THOMAS E. BECK AND LEONA W. BECK AND RECORDED IN THE SARATOGA COUNTY
DEED REFERENCES:
1.)
THIS MAP WAS DONE WITHOUT THE BENEFIT OF AN ABSTRACT
OF TITLE OR A TITLE REPORT.
2.)
O'CONNOR", AND RECORDED IN THE SARATOGA COUNTY CLERKS OFFICE
MAP ENTITLED "MAP OF BUILDING LOTS THE PROPERTY OF HON. EUGENE F.
MAP ENTITLED "MAP OF A PORTION OF THE WILLINGTON PROPERTY" DATED 1871,
MADE BY J.W. MOTT, C.E. AND FILED IN THE SARATOGA COUNTY CLERK'S
OFFICE ON NOVEMBER 8, 1871 AS "CARD 2, POCKET 5, FOLDER 3".
AS MAP NO. "O-1".
2.)
1.)
MAP ENTITLED "BOUNDARY LINE ADJUSTMENT MAP LANDS OF THOMAS E. AND
LEONA W. BECK AND LOUISA FOYE", DATED JANUARY 30, 2007 , MADE BY
SURVEY ASSOCIATES, LLC AND FILED IN THE SARATOGA COUNTY CLERK'S OFFICE
3.)
AS MAP NO. "B-586".
COUNTY CLERK'S OFFICE AS DEED NO. 2022010975.
DEED DATED MARCH 21, 2022 FROM THOMAS E. BECK AND LEONA W. BECK TO
THOMAS E. BECK AND LEONA W. BECK, CO-TRUSTEES AND RECORDED IN THE SARATOGA
2.)
DEED REFERENCE NO. 2 CONVEYED DEED PARCELS ONE AND TWO ONLY.
3.)
(MEASURED TO THE ROOF LINE) TOGETHER WITH THE
THE TOTAL BUILDING COVERAGE, HOUSE AND GARAGE
BUILDING COVERAGE
OR 39% OF THE LOT.
OUTDOOR SHOWER AND THE POOL = 3,684ā SQ. FT.