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Home My WebLink About20260417 110-114 Nelson Ave Lot 1 Area Variance Application**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS rsy CITY HALL - 474 BROADWAY . "� .. SARATOGA SPRINGS, NEW YORK 12866-2296 # ?' TEL: 518-587-3550 X2533 /�CQRPno..�n �9�h www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* Name Witt Construction, Inc OWNER) (lfnot Wplicant) ANW Holdings LLC Address 563 N Broadway Suite 1 563 N Broadway Suite 1 Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 [FOR OFFICE USEI (Application #) (Date received) (Project Title) Check if PH Required Staff Review ATTORNEY/AGENT Witt Construction, Inc 563 N Broadway Suite 1 Saratoga Springs, NY 12866 Phone 518-587-4113 / 518-587-41 '/ 518-587-4113 / Email chopeck@wittconstruction. Contact Person: E]Applicant chopeck@wittconstruction. 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 Lot #1 1. Property Address/Location: 110-114 Nelson Ave 2. Date acquired by current owner: 9-15-22 4. Present use of property: Parking Lot Tax Parcel No.: 166 77 _ 47 _ 17 (for example. 165.52 — 4 — 37) 3. Zoning District when purchased: UR2 5. Current Zoning District: UR2 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? 12-1993 For what? Interrelation request ) 0 No 11-3-22 variance 3-15-23 variance 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: Construction of a Sinale Familv Residence 9. Is there an active written violation for this parcel? ❑ Yes 19 No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes a 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) is AREA VARIANCE (pp. 6-7) Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE Z 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? 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 OFAPPE4LSAPPL1G4T/ON 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: $ Cost 5) Annual income generated from property: $ 6) City assessed value: $ Equalization rate: Estimated Market Value: $ 7) Appraised Value: $ Appraiser: Date: Appraisal Assum Revised 01/2021 ZONING BOARD OFAPPE4LSAPPLIc4TION FORM B. Has property been listed for sale with Yes If "yes", for how long? the Multiple Listing Service (MLS)? [QNo 1) Original listing date(s): Original listing price: $ If listing price was reduced, describe when and to what extent: PAGE 4 2) Has the property been advertised in the newspapers or other publications? MYes ❑No If yes, describe frequency and name of publications: 3) Has the property had a "For Sale" sign posted on it? ❑Yes ❑ 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 01/2021 ZONING BOARD OFAPPEALSAPPLIC4T1oN FORM 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 OFAPPEALSAPPLIGAT/ON FORM AREA VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) 3A Dimensional Requirements District Requirement Requested Max Building Coverage 40% 3.8% Front Setback Other: 10, 7' 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. It is economically unfeasible to add additional land and purchase land from neighbor to the north. We have added space to the third floor needed for this young family so they can have a home office as they work from home and need the first two floors for family living needs. This reduces building coverage. We have 18" overhangs on the home which helps exterior esthetics of the home to fit into the historic street scape.i 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 home fits in the historical Vernacular landscape. The homes proposed on Nelson Ave will fill the void of the existing parking lot and create a positive esthetic to the Nelson Ave architecture. Allowing this home will create a positive social aspect by having a useable front porch which is a desired liffestyle of homeowners in the neighborhood. The home to be constructed is for a young couple with children who work from home. Revised 01/2021 ZONING BDARD OFAPPEALSAPPLICATIoN FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The proposed variance is not substantial and is in keeping with the homes on the block and surrounding neighborhood. 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: This home will not have physical and environmental effect. We feel the design of this proposed home is similar size and shape of homes in the neighborhood. The plan with, front porch and pushed back garage match many of the homes in the neighborhood. The two car detached garage is designed to have storage above. 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 variance difficulty is self created. We designe this house with functionality of the family in mind. Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM DISCLOSURE 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? 0 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. Date:: (applicant sig ture) Date: (applicant signature) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature: Dater Date: Revised O1/2021 CITY OF SARATOGA SPRINGS r� ZONING BOARD OF APPEALS 1 x Gvty HaU, - 474 Broadway 'A Sara�ogaaSp-ri*,gY, NevnrYork.,1.2866 Tet.. 51-8-587-3550 X2533 ORFORATED ,9 www:sara�oga-ypri gyo-•g 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 1 original and 1 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/perm its_e j_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". REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT. Check City's website (www.saratoga-springs.org) for meeting dates. Revised 01/2021 ZONING BDARD APPEAL APPLICATION MTRucnoNS PUBLIC HEARING ADVERTISEMENT PAGE2 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 legal notice section of a local publication at least 5 days before the hearing. 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 01/2021 City of Saratoga Springs OFFICE OF PLANNING AND ECONOMIC DEVELOPMENT FEES - 2026 Application to City Council FEE Comprehensive Plan Amendment $1,800 + $300/acre Zoning Ordinance Amendment $800 + $300/acre Planned Unit Development (PUD) Amendment $800 + $300/acre Application to Zoning Board of Appeals FEE Use Variance $1,400 + 75/app Area Variance - Residential (1 & 2 Family) $350/1st var+ $75/app + $150/ea add variance Area Variance - 3+ Family and Commercial $1,000/1 st var + $75/app + $200/ea add variance Interpretations $650 + $75/app Post Work Application Fee Application Fee x2 + $75/app Variance Extensions 50% of Application Fee + $75/app Demolition $500 Residential Structures — 1 or 2 Family Principal or Accessory Structure Materials Change - roof, windows, siding $75 Fagade Change - removal/addition of windows, doors, porch $150 Addition or new construction $300 Approval Extension 50% of Application Fee 3+/Multi-Family, Comm, Mixed -Use Principal or Accessory Structure Equipment Install or Materials Change - roof, windows, siding, paint color $150 Signs, awnings $150 Fagade Change - removal/addition of windows, doors, porch $300 Addition or new construction $650 Approval Extension or Modification 50% of Application Fee Post Work Application Fee Application x2 bpeciai use rerma ziii,zuu + �iaiapp Temporary Use Permit $500 Special Use Permit- Extension $400 Special Use Permit - Modification $550 + $75/app Site Plan Review - Incl. PUD Sketch Plan $400 per sketch Site Plan Full Residential $400 + $250/unit Non -Residential / Mixed -use $800 + $150/1,000 sf (Non -Res) + 250 unit (Res) Administrative SPR Residential $400 Non -Residential / Mixed -use $800 Extension Residential $250 Non -Residential / Mixed -use $350 Subdivision - incl. PUD Sketch Plan $400 per sketch Preliminary Approval Residential: 1-5 Lots $700 + $75/app Residential: 6-10 Lots $1,100 + $75/app Residential: 11-20 Lots $1,450 + $75/app Residential: 21+ Lots $1,800 + $75/app Residential - Extension $350 Final Approval Residential $1,550 + $200/lot + $75/app Non -Residential $2,400/lot + $75/app Final Approval Modification Residential $400 + $75/app Non -Residential $800 + $75/app Final Approval Extension Residential $250 Non -Residential $350 Subdivisions and Site Plans are subject to Engineering Review- See DPW Fees Lot Line Adjustment/Subdivision Administrative Action Letter of Credit — Modification Extension Letter of Credit - Collection Recreation Fee Land Disturbance Activity Permit Watercourse/Wetland Permit Watercourse/Wetland Permit Extension SEQRA EIS Review (Draft & Final) Sidewalk Fee Lieu Tree Removal $400 $400 up to 1% of LoC $2,000/lot or unit $750 + $35/acre $750 $350 TBD See DPW Fees Avg. nursery cost in caliper of new species equivalent to diameter at breat height (DBH of tree(s) Removed Short Environmental Assessment Form Part 1- 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 Witt Construction, Inc Name of Action or Project: 110 114 Nelson Ave Lot #1 Project Location (describe, and attach a location map): 110 114 Nelson Ave Saratoga Springs Brief Description of Proposed Action: To construct a single family residence Name of Applicant or Sponsor: Telephone: 518 587 4113 Witt Construction, Inc E-Mail: chopeckWwittconstruction.com Address: 563 N 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, 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? .75 acres b. Total acreage to be physically disturbed? 43.8% 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: 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 ❑ FV1 ❑ ❑ ❑ P-1 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 Fv_1 ❑ 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 ❑ ❑ ❑ ❑ Fv� 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: NYS Energy Code Standards 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 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 Fv� ❑ ❑ Pa4loe 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 21 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 100-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 Fv—,] ❑ ❑ ❑ ❑� ❑ 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 Applicant/sponsor/name: Witt Construction, Inc Date: 5 14 26 Signature: Title: PRINT FORM I Pa4Cre 3 of 3 EAF Mapper Summary Report Thursday, May 14, 2026 11:39 AM Disclaimer: The EAF Mapper is a screening tool intended to assist s 1" � 7 _ __ 166.7 t 4-16._ f '1`,66 77-4-4:1 66 77-4-5 assessmect ent form (EAF). Not aonsors and ll questions sencies l asked in the EAF an environmental 166 + a Tr_ 66 7 7' answered by the EAF Mapper. 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