HomeMy WebLinkAbout20260229 128-132 Washington St Area Variance Extension Application**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED**
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CITY OF SARATOGA SPRINGS
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ZONING BOARD OF APPEALS
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CITY HALL - 474 BROADWAY
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SARATOGA SPRINGS, NEW YORK 12866-2296
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TEL: 518-587-3550 X2533
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www.saratoga-springs.org
APPLICATION FOR:
INTERPRETATION, USE VARIANCE,
AREA VARIANCE AND/OR VARIANCE EXTENSION
rFOR OFFICE USEt
(Application #)
(Date received)
(Project Title)
Check if PH Required
Staff Review
APPLICANT( OWNER(S) (If notWp/icant) ATTORNEY/AGENT
Name Lori Sames
Address
518-275-5359
Phone
lorisames@yahoo.com
Email
SD Atelier Architecture, LLC
511 Broadway
Saratoga Springs, NY 12866
518-587-3385 /
sue@sdatelier.com
Primary Contact Person: Applicant 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: 0 Owner ❑ Lessee ❑ Under option to lease or purchase
PROPERTY INFORMATION
1. Property Address/Location: 128/132 Washington Street
165.66-2-86
165.66-2-87
Tax Parcel No.: -
(for example: /65.52 — 4 — 37)
2. Date acquired by current owner: 2023 3. Zoning District when purchased: UR-3
4. Present use of property: Single Family House 5. Current Zoning District: UR-3
6. Has a previous ZBA application/appeal been filed for this property?
❑ Yes (when? For what? )
0 No
7. Is property located within (check all that apply)?: ❑ Historic District 0 Architectural Review District
❑ 500' of a State Park, city boundary, or county/state highway?
8. Brief description of proposed action:
The applicant Is seeking to maintain the original front portion of the house, remove the 2 rear adaitions that are not in
structurally sound. The proposal is for a 2 family unit and attached garage for the Owner. The Owner is in need of a garage
as her daughter is confined to a wheelchair. A rear yard variance is required.
9. Is there an active written violation for this parcel? ❑ Yes 91 No
10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes e No
11. Identify the type of appeal you are requesting (check all that apply):
❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 12 AREA VARIANCE (pp. 6-7)
Revised 01/2021
ZONING BOARD oFAPPEALSAPPL/CATION 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? e]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 ANSWERTHE FOLLOWING (add additional information as necessary):
1. Date original variance was granted: October 2024
3. Date original variance expired: Apra 12026
2. Type of variance granted? ❑ Use 0 Area
5. Explain why the extension is necessary. Why wasn't the original timeframe sufficient?
The applicant has had family health issues with her daughter which have caused delays to proceed with the construction. The project
also had to undergo several meetings to receive Design Review Approval after receiving zoning approval.
The concern is that the timeframe to submit for a building permit and recieve a permit in time to commence construction will not
happen prior to April 2026.
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:
The existing residence is still in the original condition. The only changes to the site has been clearing and the removal of the existing
garage structure. (this was approved by the DRB).
Other than that, there has not been any other significant changes to the site or neighborhood.
Revised 01/2021
ZONING BOARD OFAPPEALSAPPLIG9T1oN FORM
USE VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
A use variance is requested to permit the following:
PAGE.3
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".
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
3) Annual maintenance expenses: $ 4) Annual taxes: $
5) Annual income generated from property: $
6) City assessed value: $
7) Appraised Value:
Appraisal
Revised 01/2021
Cost
Equalization rate: Estimated Market Value: $
Appraiser:
ZONING BOARD OFAPPEALSAPPL/CATION FORM
B. Has property been listed for sale with ❑Yes If "yes", for how long?
the Multiple Listing Service (MLS)? fQNo
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? ❑lYes ❑ No
If yes, list dates when sign was posted:
4) How many times has the property been shown and with what results?
PAGE i
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
ZONLNG BOARD OFAPPEALSAPPL1G4TioN 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 OFAPPE4LSAPPL/c4T/ON FORM
AREA VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
Article 3 - Table 3A
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements District Requirement Requested
Rear Yard Setback 25' 13'-10"
Parking waiver
Other:
PAGE 6
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 lot has unique circumstances and many layers of approval that are required. It is located in the historic district and is
considered a contributing building, hence the original structure must remain as per the historic guidelines.
The new UDO now requires corner lots to have a rear yard. (rather than 2 front yards and 2 side yards). There were many design
studies and attempts to comply with the zoning requirements, yet it is not possible to comply with a 25' rear setback and still
The location of the driveway off of Beekman needs to stay in the present location and thus dictates the location of the garage.
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 approval of the variance will allow a structure to be improved as it has been sitting vacant for several years and thus
deteriorated. The design maintains the character of the neighborhood and streetscape. The change to the neighborhood
will not be undesirable as it will restore the original character of the historically significant structure and porch.
Revised 01/2021
ZONINGBOARD OFAPPE4LSAPPL1c4TioNFORM
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
PAGE %
The unique circumstances of having a corner lot along with the historic requirements and Owner needs make this a challenging
situation. The applicant is only seeking one variance for the rear setback and great effort has been made to make sure that
rest of the design is compliant. The original front porch is over the property line - however it is allowed to remain provided it is not
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 granting of the Variance will not have an adverse effect on the neighborhood as it will allow a vacant building
that is falling into disrepair to be renovated and better utilized.
The new design will maintain the original character of the neighborhood with the design that is appropriate to the scale and
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 is not self-created due to the unique circumstances of the corner lot and the placement of the original building on the
lot.
The MGM needs Curnply with Historic Guldellnes, work with the existing house Inuation and provide a design that will
provide for accessiblitv.
Revised 01/2021
ZONINGBOARD OFAPPE4LSAPPLIG4TION FORM
DISCI ( IMP
PAGE 8
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:
Owner Signature:
Date:
Date:
Revised O1/2021
ZONING BOARD oFAPP£usAPPUC4770N FoRlIf
DISCLOSURE
PAGE B
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.
(appli t signature)
""—
(applicant signature)
Date: 03 2h 2�
Date:
If applicant is not the currently the owner of the property, the current owner must also sign.
Owner Signature:
Owner Signature:
Revised 01/2021
Short Environmental Assessment Form
Part I -Project Information
Instructions for Completine
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
128/132 Washington Street, Saratoga Springs, NY 12866
Name of Action or Project:
Proposal for 2 family units and attached garage for owner.
Project Location (describe, and attach a location map):
see site plan
Brief Description of Proposed Action:
The applicant is seeking to maintain the original front portion of the house, remove the 2 rear additions that are not in
structurally sound. The proposal is for a 2 family unit and attached garage for the Owner. The Owner is in need of a garage
Name of Applicant or Sponsor:
Telephone: (518) 275-5359
E-Mail: lodsames@yahoo.com
Lori Sames - Owner/Applicant
Address:
128 / 132 Washington St
City/PO:
State:
Zip Code:
Saratoga Springs
INY
112866
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? .195 acres
b. Total acreage to be physically disturbed? .195acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? .195 acres
4. Check all land uses that occur on, are adjoining or near the proposed action:
Z 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
❑
Z
❑
❑
❑
FV1
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
❑
❑
❑
❑
❑�
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:
Yes the proposed action will offer the opportunity to improve the quality of windows and insulation that will meet the current
NO
YES
❑
energy code and industry standards for the building code.
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
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
❑
❑
Z
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
F6—/]
❑
❑
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
Federal government as threatened or endangered?
NO
YES
R1
El
16. Is the project site located in the 100-year flood plan?
NO
YES
0
❑
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
Fv 1
❑
❑
❑
RI
✓❑
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
21
❑
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
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name: Date:
Signature: Title:
PRINT FORM I Page 3 of 3
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Project
Project Address
District
SF, SF-A 3,163 SF
4640 SF
643 SF
2F: 8,000 SF 8,446 TSF 8,446 SF No Variance
SF, SF-A 60 SF 50.88+56.47
2F: 80 SF 107 SF+/-107 SF+/-No Variance
Maximum Building Coverage 40.00 %17.67 %39.73 %No Variance
Principal Unit SF 1094 SF 1978 SF
Unit-2 SF SF 735 SF
Garage 398 SF 640 SF
TOTAL Principal building 3378.4
SF 1492 SF 3356 SF No Variance
Maximum Impervious Surface
Coverage 70% 35.02% 50.00%No Variance
Maximum Height 40'-0" 29'-0"No Variance
Maximum First Floor Elevation
When Principal Building Within
20' Of Side Lot Lines 4 N/A
Minimum Front Setback 10' or per Section
3.3 B 4'-0"Existing to Remain
Existing to
Remain 8'-4"No Variance
Minimum Interior Side Setback 5'-0"50'-7"10'-0"
No Variance
Needed
Minimum Total Interior Side
Setback- SF. 2F Only 12'-0"
Minimum Corner Side Setback 8'-0"31'-7 +/-15'-0"No Variance
Minimum Rear Setback 25'-0"21'-6" +/-13'-10" +/-11'- 2"
Minimum Lot Area
Minimum Lot Width
Setbacks
2023-57 - Sames_Lori
132 Washington St, Tax map 165.66-2-87 128 Washington St 165.66-2-86 Saratoga Springs, NY 12866
UR-3 Urban Residential 3 District
Residents District Dimension
Standards Existing Dimension
Proposed Dimension Variance Request
8
NEIGHBORHOOD CONTEXT
9
NEIGHBORHOOD CONTEXT