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HomeMy WebLinkAbout20191180 PEPPERS CORNER LLC Application JFOR OFFICE USE1 CITY OF SARATOGA SPRINGS s .. (Application#) Ginty Hath - 474 (3ro-tSw-ay So-ro- a,S J-riAA.356 N ew-Yo-rk/lz s 66 Tel:. 518-587-3550 faw. 518-580-9480lr °RpcRat�o 9 { Q( te receryec( APPLICATION FOR. r t it APPEAL TO THE ZONING BOARD FOR ANi" 3 ; e INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION ., x APPLICANT(S)* OWNER(S)(If not applicant) ATtORtvE'IA€ Caruso Home Builders, LLC Pepper's Corner,LLC Thomas S. \Nest, Esq. Name 19 Railroad Place,Suite 201 Address Saratoga Springs, NY 12866 518-478-8596 Phone / / / Anthony@Carusohomebuilders.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 © Under option to lease or purchase PROPERTY INFORMATION 173 Lake Avenue 166 45 3 46 1. Property Address/Location: Tax Parcel No.: - - (for example: 165.52-4-37) July 2017 UR-3 2. Date acquired by current owner: 3.Zoning District when purchased: Commercial.(Food sales) UR-3 4. Present use of property: 5.Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? 121 Yes(when? Fall 2017 For what?Area variance ® 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: The proposed work includes the demolition of an existing,single-story commercial, non-conforming structure and use, and construction of a new,two-story,two-family structure,which shall have two internal parking spaces.Site work includes a new driveway and parking area consisting of four parking stalls. 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes m No 10. Has the work,use or occupancy to which this appeal relates already begun? Ei Yes ®No II.Identify the type of appeal you are requesting(check all that app/y) ❑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 PAGE 2 FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $ 500 0,-,/Use variance $1,000 LSt Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 ❑ Extensions: $ 150 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? Mlles ❑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 OF APPEALSAPPLICAT/ON 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". I. 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): I) 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: Appraisal Assumptions: Revised 01/2019 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4 B. Has property been listed for sale with LlYes If"yes",for how long? the Multiple Listing Service(MLS)? IfNo I)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? DYes 0 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 01/2019 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 01/2019 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): Article 2.3,Table 3 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements From To Front yard setback. 10' 7' Rear yard setback. 4 2.5 Building coverage. 40% 40.7% Other: Also refer to Zoning Information chart,sheet A.100,on submitted drawings. 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. The proposed front yard setback deficiency is the result of the desire for a certain amount of space on the First Floorfacing Warren Street.Studies with smaller rooms and alternate floor plans were done and deemed unacceptable for purposes of real estate marketability and quality living space.The small bump out for the entranceway will be more aesthetically pleasing than a linear building. While constructing a single-family dwelling unit is possible,with minimal deviation from bulk requirements,the property can be developed to its maximum potential with no detriment to the neighborhood or greater common good. Where the profused parking area iS riot fully within required yard di ‘71b, lire uverayeo were deerrred leas LICliIrrICI Ad! lhrdn Irdvirry less or inadequate parking capacity.The proposed parking area provides two additional parking spaces over what is required to arrnmmnrlate_tha pnter,tiai need for additional off-street narking. There are existing nonconformities for both lot area and lot width which cannot be corrected without severe hardship. Total coverage is less than 1%over the total allowed for building and accessory structures. 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 proposed work is for a structure and use which conforms with the requirements for the UR-3 zone and is consistent with surrounding adjacent uses.The proposed.non-conforming parking area shall alleviate potential concerns about inadequate off-street parking. By converting the property from a commercial use to a residential use,the amount of regular automotive traffic will and noise and odor issues will be eliminated,the later of which has been a source of neighbor complaints.The proposed structure has been deliberately designed to appear like a single-family residence and is more aesthetically appealing and harmonious with the neighborhood than the commercial structure it replaces. Revised 01/2019 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The requested variances are not substantial in that the proposed deviations from bulk requirements are partially due to existing nonconformities(building coverage,where minimum lot area is 8,000 square feet and 6,995 square feet exists and front yard setback where the minimum lot width is 80.00'and 50.00'exists).The front yard setback variance is requested for a small portion of the overall proposed structure at the Warren Street side,where it shall be the least impactful to surrounding,adjacent properties and improvc the acsthctics of the projcct. 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 proposed structure shall maintain an adequate distance between it and existing, adjacent structures.While there is a proposed overage in building coverage,the required permeable area shall be exceeded by 6.6%and the overall coverage is less than 1%of the total that is allowed for buildings and accessory structures. 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: Existing nonconformities were not self-created and cannot be rectified without severe hardship. However, both the requested building coverage variance and the side yard setback variance were self-created with the belief that their benefits far outweigh their detriments,as explained elsewhere on this document. Revised 01/2019 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 0 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. ��� .---.......—JE'' November 18,2019 Date: (- ignature) Date: (applicant signature) If applicant is not the currently the owner of the property,the current owner must also sign. ------V"Irr.--- Owner Signature: j Date: !f'21"-/7 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 g ,Y, '4EM g 2(111V 84688 ,,‘, .222 EE6EEEE g 22 :°-.', , , , , a , U 3 .<R 55 33 2,E , L,. 5 6 ' H m>2 wo .2- ELp- 8 n `2L== 611, E2-%' LEE-2 E2,EEE, 8 EE ELEELE ,, ELE E 8 8 8:n z i° z z z z . .q a g <, 2 , zp„ u, . e, 2 g- - - ,; g. - 0..! dg ..,.-N ilma - ,0 L, ,.7 s o.,-1 -. . . . . . . . ‘,-1 . . . . 5 oR g RRRRR 8. .. i u 2 1 .; ,°± 2 2 2 2 2 1 8 E '0 .... , .,8888- ° 'gg '-' 8 8 8 8 55 55555 5 555555,,N 5 5555 3 0, 2-222 2 222222, 2, 2222, 'q -ZEi EEL., E . 2' -5 23 0 ,555 5 333 ELIE. - 2,- E EL EL EL EL 55 _516,, 'D 2t1 ,1 Hq5,?q§ . 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