HomeMy WebLinkAbout20260311 9 Cleveland Ave Area Variance Application`HANDWRITTEN APPLICATIONS WD' ILL NOT DE ACCEPTED** jFOR OFFICE USES
s CITY OF SARATOGA SPRINGS (Application#)
ZONING BOARD OF APPEALS
r CITY HALL - 474 BROADWAY (Date received)
SARATOGA SPRINGS, NEW YORK 12866-2296
TEL: 518-587-3550 X2533
RATED ,c) www.saratoga-spn.ngs.org
(Project Title)
APPLICATION FOR: ❑
INTERPRETATION, USE VARIANCE, Check if PH Required
AREA VARIANCE AND/OR VARIANCE EXTENSION staff Review
APPLICANT(S)* OWNER(S) (/fnotapplicant) ATTORNEY/AGENT
JAMES FAHEY
Name
9 CLEVELAND AVE SARATOGA SPRINGS
Address
617 899 1239
Phone
FAHEYJIM96@GMAIL.COM
Email
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: ® Owner ❑ Lessee ❑ Under option to lease or purchase
PROPERTY INFORMATION
9 CLEVELAND AVE SARATOGA 178.52 3 15.1
1. Property Address/Location: Tax Parcel No.: -
(for example: 165.52 — 4 — 37)
6/18/2025 UR 2
2. Date acquired by current owner: 3. Zoning District when purchased:
RESIDENTIAL UR 2
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? )
Ia 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:
EXTEND REAR DECK BY 10 FEET AND KEEP SAME LENGTH
9.
Is there an active written violation for this parcel?
❑ Yes
Ie No
10.
Has the work, use or occupancy to which this appeal relates already begun?
❑ Yes
O No
11. Identify the type of appeal you are requesting (check a// that app/ ), :
❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 12 AREA VARIANCE (pp. 6-7)
Revised 01/2021
ZONINGBOARD OFAPPEALSAPPL/c4T1oNFORM PAGEZ
INTERPRETATION — PLEASE ANSWERTHE 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? 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:
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 01/2021
ZONING BOARD OFAPPE4LSAPPLIc4770N FORM
PAGE 3
USE VARIANCE —PLEASE ANSWERTHE 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".
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: $
5) Annual income generated from property: $,
6) City assessed value: $ Equalization rate:
7) Appraised Value: $,
Appraisal Assumptions:
Revised 01/2021
4) Annual taxes: $
Cost
Estimated Market Value: $
Appraiser: Date:
ZONINGBDARD oFAPPE4LSAPPL/CA770NFORM
It#
B. Has property been listed for sale with
the Multiple Listing Service (MLS)?
1) Original listing date(s):
DYes If "yes", for how long?
[QNo
If listing price was reduced, describe when and to what extent:
Original listing price: $,
2) Has the property been advertised in the newspapers or other publications?
If yes, describe frequency and name of publications:
3) Has the property had a "For Sale" sign posted on it? E]Yes
If yes, list dates when sign was posted:
DYes ❑No
PAGE 4
4) How many times has the property been shown and with what results?
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 OFAPPEALSAPPUCATION FORM PAGES
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/CATION FORM
PAGE E
AREA VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements
REAR SETBACK
Other:
District Requirement Requested
25 15
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.
THIS IS A PRE EXISTING NON CONFORMING LOT
NO ADDITIONAL LAND AVAILABLE TO PURCHASE
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 WILLADD 200 SQUARE FT OF ADDITIONAL OUTDOOR DECK AREA WHICH WILL ENHACE
THE OUTDOOR SPACE AT THE REAR OF THE PROPERTY.
Revised 01/2021
ZONING BOARD OFAPPEALSAPPL/CATION FORM RAGE 7
Whether the variance is substantial. The requested variance is not substantial for the following reasons:
THE REQUESTED VARIANCE IS NOT SUBSTANTIALAS IT IS ONLY TAKING 10 FEET AWAY FROM THE CURRENT
SETBACK REQUIREMENT OF 25 FT LEAVING 15 FT OF SETBACK FROM THE REAR OF THE PROPERTY
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 APPLICATION FOR THE AREA VARIANCE TO OBTAIN A BUILDING PERMIT TO ADD 10 FT ONTO MY CURRENT DECK
DOES NOT REQUIRE THE REMOVAL OF ANY TREES AND WILL BE A SIMPLE OWNER BUILD IN MY BACKYARD
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:
AS A PRE EXISTING NON CONFORMING LOT THAT WAS PURCHASED A YEAR AGO I BELIEVE IT WAS NOT SELF
CREATED
Revised O1/2021
ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM
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 purchasers)/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.
i
E Date: - r�
applica si nature)
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:
Revised 01/2021
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
Name of Action or Project:
Project Location (describe, and attach a location map):
Brief Description of Proposed Action:
Applicant is seeking to extend a deck 10' into rear yard, but keep the same length.
Name of Applicant or Sponsor:
Telephone: 617.899.1239
James Fahey
E-Mail: faheyjim96@gmail.com
Address:
9 Cleveand 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,
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? 0.18 acres
b. Total acreage to be physically disturbed? 0 acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? 0 acres
4. Check all land uses that occur on, are adjoining or near the proposed action:
5. ❑✓ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑ Residential (suburban)
❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify):
❑ Parkland
Page 1 of 3
5. Is the proposed action,
a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
NO
YES
N/A
❑
RI
Fv-1
❑
❑
❑
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
NO
YES
El
Fv-1
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
Z
❑
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:
NO
I 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
RI
❑
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
❑�
❑
❑
Page 2 ol'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?
Frosted Elfin, Karner Blue
NO
YES
❑
❑✓
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?
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
RI
❑
El-
❑
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
❑
❑
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 f
Applicant/sponsor/name: Date: ; 9
Signature: N /&C(Title:
T
PRINT FORM I Page 3 oi' 3
EAF Mapper Summary Report
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Part 1 / Question 7 [Critical Environmental
Area]
Part 1 / Question 12a [National or State
Register of Historic Places or State Eligible
Sites]
Part 1 / Question 12b [Archeological Sites]
Part 1 / Question 13a [Wetlands or Other
Regulated Waterbodies]
Part 1 / Question 15 [Threatened or
Endangered Animal]
Part 1 / Question 15 [Threatened or
Endangered Animal - Name]
Part 1 / Question 16 [100 Year Flood Plain]
Part 1 / Question 20 [Remediation Site]
No
Yes
Yes
Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
Yes
Frosted Elfin, Karner Blue
Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
No
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