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HomeMy WebLinkAbout20191162 Hanley Residence Application `` }()(, l CITY OF SARATOGA SPRINGS ,/,'- ZONING ZONING BOARD OF APPEALS `:: Gvl-y Hall, - 474 6 ero-a-olnnray - ../ 'r} Sara4o-gaz SpriA gs<, Ne w-York/12866 �o� ,�� 4 v._ T2(: 518 587 3550 518 SSD 9480 INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS 1. ELIGIBILITY: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. 2. COMPLETE SUBMISSIONS:Applicants are encouraged to work with City staff to ensure a complete application.The ZBA will only consider properly completed applications that contain I original and I digital version of the following: ❑ Completed application pages I and 8, the pages relating to the requested relief(p. 2 for interpretation or 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. 3. APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $500 ❑ Use variance $1,000 ❑ Area variance - Residential use/property $200 - Non-residential use/property$600 ❑ Extensions $1 50 Check City's website (www.saratoga-springs.org) for application meeting dates. Revised 01/2019 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. City staff will prepare a legal notice for the public hearing and arrange to have the public hearing announcement printed in The Saratogian legal notices at least 5 days before the hearing. Applicants must pay The Saratogian for the legal ad and present proof of payment to the ZBA prior to the public hearing. If proof of payment is not presented prior to the hearing, the hearing will be cancelled. 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. Revised 01/2019 \\,\r},( C l "(4 [FOR OFFICE USE] 4 CITY OF SARATOGA SPRINGS i ❖ "°-'' k . i (Application#) - Gi.71-y HaLL - 474 13 roil-Ay-ay i` t Sara4-0gaa Spri,rk.gy, New-Yo-rki 12866 T2(.: S18-SS7-3550 . 518-580-9480 (Date received) ''.'or4Ttu g`h APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* OWNER(S)(if not applicant) ATTORNEY/AGENT Jay Hanley Balzer & Tuck Architecture Name 74 Fifth Ave 468 Broadway Address Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 508-228-5543 518-580-8818 Phone / / / jay©hanleydevelopment.com cnickerson©balzertuck.com 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: 0 Owner 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 74 Fifth Ave 166 13 2 28 1. Property Address/Location: Tax Parcel No.: - - (for example: 165.52-4-37) UR-1 2. Date acquired by current owner: 3.Zoning District when purchased: Single family residence UR-1 4. Present use of property: 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? For what? ) 0 No 7. Is property located within (check all that apply)?: 0 Historic District 0 Architectural Review District 0 500'of a State Park,city boundary,or county/state highway? 8. Brief description of proposed action: Demolition of the existing house and construction of a new single family residence. 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes g No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes e No I I. Identify the type of appeal you are requesting (check all that apply) 0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) 0 USE VARIANCE (pp. 3-6) 0 AREA VARIANCE (pp. 6-7) Revised 01/2019 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE2 FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $ 500 ❑ Use variance $1,000 0 Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 ❑ Extensions: $ I 50 INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): I. 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? DYes ❑No 4. If the answer to#3 is "yes,"what alternative relief do you request?❑ Use Variance 0 Area Variance EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): I. Date original variance was granted: 2. Type of variance granted? 0 Use 0 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: Revised 01/2019 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): Table 3:Area and Bulk The applicant requests relief from the following Zoning Ordinance article(s) Schedule Dimensional Requirements From To Front Yard Setback 23.9' 18.1' (24%) Rear Yard Setback 30' 13.2' (56%) Side Yard Setback(East) 12' 8.3' (31%) Side Yard Setback(West) 12' 9.4' (22%) Total Side Yard Setback 30' 17.7' (41%) Principal Building % Lot Coverage 20% 33.5% (18%) 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. Two alternate designs were explored by the applicant and architect, but all designs resulted in the need for a variance due to the restrictions of the existing lot size The lot was chosen by the applicant for its proximity to and view of the Oklahoma Track and there were not comparable alternatives available. The only feasible alternative to reducing the lot coverage while keeping all of the clients' program intact would be to create a 3-story residence,which would be cost prohibitive and would create an undesirably tall residence along Fifth Ave. 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: Granting the variance will not produce an undesirable change in the character of the neighborhood, because the massing of the house was designed such that its size/elevation along Fifth Ave is comparable to other homes on the street The home on the exterior has a traditional, farmhouse feel that fits well with the character of other homes along the street. Revised 01/2019 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: -The side yard setback requested on the East side (8.3')is the same as the existing side yard setback. -The front yard setback requested (18.1') is the same as the existing front yard setback. -The lot area is significantly smaller than the 12,500SF minimum prescribed by the zoning code. A number of houses along Fifth Ave have lot coverages in excess of 30%, as evidenced in the attached drawings. At least 3 homes have lot coverages in excess of the 33.5%that we arc rcqucsting, and 2 of thosc homcs havc lot sizcs largcr than 7,5008F. -We are proposing a lot coverage of 2,507SF, and if the lot size met the minimum 12,500SF,the allowable 20%coverage would allow for 2,500SF lot coverage. -The existing lot depth is shallow compared to the minimum as prescribed by the minimum lot size and minimum average width in the zoning code. In addition, 13 out of 25 residences along the same side as Fifth Ave are within the 30'setback. 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 will not have an adverse physical or environmental effect on the neighborhood or district because the single family residential use is being maintained, and the house will be of a comparable size to other houses along Fifth Ave. 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 alleged difficulty was self-created because of the clients desire for a larger home with better views of the track than the one that currently exists. These desires, however, are not unreasonable for a home in the area. The proposed design is seeking to take advantage of its location adjacent to the Oklahoma racing track,while respecting the character of the existing homes along Fifth Ave. Revised 01/2019 ZONING BOARD OF APPEALS APPLICATION 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. _ fte Date: f (�(-0 ( 1. C J ( plcant signau 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 01/2019 ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING APPLICANT: TAX PARCEL NO.: - - PROPERTY ADDRESS: ZONING DISTRICT: This applicant has applied to use the identified property within the City of Saratoga Springs for the following: This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s) .As such,the following relief would be required to proceed: ❑ Extension of existing variance 0 Interpretation ❑ Use Variance to permit the following: ❑Area Variance seeking the following relief: Dimensional Requirements From To Other: Note: ❑Advisory Opinion required from Saratoga County Planning Board ZONING AND BUILDING INSPECTOR DATE Revised 01/2019 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 Balzer&Tuck Architecture Name of Action or Project: Hanley Residence Project Location(describe,and attach a location map): 74 Fifth Ave,Saratoga Springs, NY 12866 Brief Description of Proposed Action: Demolition of an existing residence and construction of a new single family residence Name of Applicant or Sponsor: Telephone: 518-580-8818 ext. 13 Balzer&Tuck Architecture E-Mail: cnickerson@balzertuck.com Address: 468 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, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that111 ❑ 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? 0.172 acres b.Total acreage to be physically disturbed? 0.077 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.172 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5. ❑Urban ❑ Rural(non-agriculture) 0 Industrial ❑ Commercial 0 Residential(suburban) ❑Forest ❑ Agriculture ❑ Aquatic 0 Other(Specify): Equine Training Facility to the South ❑Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? El El ❑ b. Consistent with the adopted comprehensive plan? ❑ El El NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? ❑ ❑✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES 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? El ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed El ❑ action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑✓ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ ❑✓ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: El El 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the El 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 El ❑ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? El ❑ b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? El ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 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 ❑✓ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO YES Federal government as threatened or endangered? 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? NO YES 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: 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: V 19. Has the site of the proposed action or an adjoining property been the location of su.n nctiVe or closed solid. waste NO YES management facility? If Yes, describe: _ 20.1-las the site or the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES co meted) For hazardous waste? If Yes. describe: ✓ n I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: leizigg Date: 11/27/1,e; Signature:_ J41 Title: l NtO 'J, r L PRINT FORM O N O T . . — . . — . . — � . . . — -1 w 0 . . z . - w ,® I, . o z . c ,s 1� 1 w ci2s: 'q 1Q � 2-_),cc 2 wiii � w � � 1za C9 coZ (2ci - - - CC Z C 9 ,9 bZ � . 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