HomeMy WebLinkAbout20260207 19 Aurora Ave Area Variance Application"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED"
'FOR OFFICE USEI
CITY OF SARATOGA SPRINGS
N.
ZONING BOARD OF APPEALS
CITY HALL - 474 BROADWAY
SARATOGA SPRINGS, NEW YORK 12866-2296
TEL: 518-587-3550 X2533
H\roRe,Fo 9y
www.saratoga-springs.org
APPLICATION FOR:
INTERPRETATION, USE VARIANCE,
AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANT(S)*
James Hamilton
Name
19 Aurora Ave. Saratoga Springs NY 12866
Address
(518)376-9944
Phone
/
jhamilton921@gmall.com
Email
Primary Contact Person: Applicant
OWNER(S) (lfnotapplicant)
(Application #)
(Date received)
(Project Title)
Check if PH Required
Staff Review
ATTORNEY/AGENT
✓❑Owner Attorney/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: 12 Owner ❑ Lessee ❑ Under option to lease or purchase
PROPERTY INFORMATION
1. Property Address/Location:
19 Aurora Avenue
10/28/2020
2. Date acquired by current owner:
Single family residence
180 10 3 44
Tax Parcel No.:
(for example: 165.52 — 4 — 37)
SR-1
3. Zoning District when purchased:
SR-1
4. Present use of property: S. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
0 Yes (when? 08/29/2025 For what? lacement of HVAC units )
0 No within side setback.
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?
Allow placement of generator within side setback which Is 5' in the Oak Ridge
8. Brief description of proposed action:
development. The unit would be 3' from the property line.
9. Is there an active written violation for this parcel? ❑ Yes ley 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 al/ that apply):
❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 2 AREA VARIANCE (pp. 6-7)
Revised 01/2021
ZONING BOARD OFAPPEALsAPPL/CAT/ONFORN PAGE2
—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? MYes ❑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:
S. 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 01/2021
ZONING BOARD OFAPPE4LSAPPL/CA7/oN FORM
USE VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
A use variance is requested to permit the following:
PAGE3
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:
Appraisal
Revised 01/2021
ZONING BOARD OFAPPEALSAPPLICAT/ON FORM
B. Has property been listed for sale with [::]Yes If "yes", for how long?
the Multiple Listing Service (MLS)? IQNo
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:
PAGE 4
3) Has the property had a "For Sale" sign posted on it? QYes ❑ 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 O1/2021
ZON/NGBOARD oFAPPE4LSAPPC/UricwFORN
PAGES
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 OFAPPEALSAPPL/CAT/ON FORM
AREA VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
9.5.0.1 of LIDO
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements District Requirement Requested
5 feet from property line 5 feet 3 feet
Other:
To allow placement of generator in setback of A 6 acre lot.
PAGE6
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.
The generator was previously placed on the same side of the home where the HVAC units were illustrated prior to receiving a
building permit. We removed the generator once advised by the building Inspector that the unit could not remain where it was
locate the generator on the west side of the home.
t is an extremely small of and it would not be desirable or feasible top ace the unit in any other location on this corner lot.
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 does not create any undesirable change. Placement where the HVAC units are located is the least visible
and is consistent with other similarly situated homes in Oak Ridge.
Revised 01/2021
ZONINGBDARD OFAPPEALSAPPL/CAT/ONFORN PAGE%
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
The request is similar to my prior request for the HVAC units to be allowed within the setback and is not substantially different than
others in Oak Ridge.
4. Whether thevariance 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:
There will be no adverse physical or environmental effect on the neighborhood as the current location is least intrusive and most
desirable as well as very close to where it was previously located. The proposed location would allow the unit to be more than five
feet from any operable windows and away from any vents.
S. Whether the alleged difficulty was self-created (although this does not necessarily preclude the granting of an areavariance). Explain
whether the alleged difficulty was or was not self-created:
The HVAC units were always on drawings and never considered in any other location on the property. Being on a corner lot with
driveway and garage at the rear of the home limits the placement of mechanical equipment.
Revised O1/2021
ZoNINGBDARD oFAPPEALSAPP1tG4T1cwFORN
DISCLOSURE
PAGER
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.
03/19/2026
Date:
(aWIcarY signature)
(applicant signature)
If applicant is not the currently the owner of the property, the current owner must also sign.
Owner Signature:
Owner Signature:
Revised O1/2021
Date:
Short Environmental Assessment Form
Part I - Project Information
Instructions for ComWetin¢
Part I — 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:
Generator location within setback
Project Location (describe, and attach a location map):
19 Aurora Ave. Saratoga Springs NY 12866
Brief Description of Proposed Action:
To allow generator to be placed within side setback
Name of Applicant or Sponsor:
Telephone: 518 376-9944
James Hamilton
E-Mail: jhamitton921@gmall.com
Address:
19 Aurora Avenue
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,
administrative rule, or regulation?
NO
YES
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? .16 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? acres
4. Check all land uses that occur on, are adjoining or near the proposed action:
❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑✓ Residential (suburban)
❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify):
❑ Parkland
Peat I 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
Ft/-]
❑
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
❑
❑
0
❑
RI
❑
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
0
❑
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
RI
❑
❑
21
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:
El Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional
❑ Wetland ❑ Urban 0 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 I00-year flood plan?
NO
YES
RI
❑
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
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
PZ
El
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/me: Jam s Hamilton Date: 03/19/2026
Signature: Title: Owner
PRINT FORM Page 3 of 3
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