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HomeMy WebLinkAbout20260603 106 Church St Area Variance Revised Application V3 08.12.2026"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED'" IFOR OFFICE USEI 's-,NIM'.1 CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 y,'• TEL: 518-587-3550 X2533 "ooRPr n ,C` www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION (Application #) (Date received) (Project Title) Check if PH Required Staff Review APPLICANT(S)* OWNERS) (lfnot Wplicant) ATTORNEY/AGENT Name William Dee Lansing Engineering 425 Western Highway Suite #2 2452 State Route 9, Suite 301 Address Tappan, NY Malta, NY 12020 Phone 845-398-2244 / / 518-899-5243 / WDI@wdeeinstall.com Contact Person: Applicant Owner Ft/]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 106 Church Street, City of Saratoga 165 1. Property Address/Location: Springs OTax Parcel No.: 04/25/25 2. Date acquired by current owner: Single Family 4. Present use of property: 50 2 22 (for example. 165.52 — 4 — 37) UR3 3. Zoning District when purchased: UR3 S. Current Zoning District: 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)?: 0 Historic District ❑ Architectural Review District 0 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: This project consists of the construction of 2 new two-story single family residences, refurbishing and relocation of an existing 2 family residence. An existing carriage house will also be refurbished into single bedroom apartment. Site work will include, grading, paving, landscaping, utilities, sidewalks, and storm water management. 9. Is there an active written violation for this parcel? ❑ Yes id No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes V1 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/CAT/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? DYes ❑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 OFAPPEALSAPPL/CAT/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". 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 Assumptions: Revised 01/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 4 B. Has property been listed for sale with ❑Yes If "yes", for how long? the Multiple Listing Service (MLS)? [E]No 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? 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 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM 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 O1/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE 6 AREA VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 240-3.3 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested Side Setback (second dwelling) 5' min 5' relief Rear setback (second dwelling) 25' 24' relief Building Coverage 40% Max 1.78% relief Min lot width 80' 46.22' relief Min Lot Area 8,000sgft 2,983 sqft relief Lot #2 Min lot width 60' 27' relief Other: Lot #2 Min lot area - 1,721 sqft relief, Lot #1 Min lot width - 46.34' relief, Lot #2 Min lot area - 1,295sgft relief, Lot # 1, 2 & 3 Min Front Setback - 9.75' relief 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 proposed use is consistent with the surrounding area, and the size of the proposed structures are consistent to the existing neighboring structures. The benefits that result from this variance will in our opinion have a positive impact on the entire neighborhood. Available parking spaces for each respective home will minimize the amount of on street parking required in the neighborhood. This will improve visibility and safety of the residents entering and exiting their driveways. The proposed layout is the minimum posible layout in order for the propject to be feasible. 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 desired variance will not create an undesirable change the character of the neighborhood as the proposed development is consistent with the surrounding area. The proposed project is in character with the surrounding neighborhood and will not be a detriment Revised 01/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE % 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The requested variances are not a significant deviation from the current standards. The proposed use is consistent with the surrounding area, and the size of the proposed structures are consistent to the neighboring structures. The proposed variance is requested in an effort to allow for existing structures to remain in place and allow for an overall visual improvement from the existing abandoned houses, and or vacant lots. 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 development will not have an adverse impact on the environment. The structures will be designed and constructed in accordance with all local, state, and federal requirements. The proposed development will be an improvement from the existing abandoned houses, and or vacant lots. All lots will be graded to direct runoff away from adjacent structures towards the existing municipal storm sewer. 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 required variances are not self created. The proposed development is consistent with the surrounding area. The required variance are requested to allow existing buildings to remain and improve the overall visual impact of the lot. Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM 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 []Yes If "yes", a statement disclosing the name, residence and nature and extent of this interest must be filed with this application. APPLICANT CERTIFICATION /we, the property owner(s), or purchaser(s)hessee(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/thispeal. 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 0112021 CITY OF SARATOGA SPRINGS . I ZONING BOARD OF APPEALS G,�fy Ha(,l, - 474 13ro-a-d way Sa-ra"a, Sp-ri "v ,, New York/ i 8 ion Te,L: 518-587-3550 X2-533 .iq�'onarEv �9 www:sa-rail-oga-ypri,�.gyvrg INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS I. 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/permits_ej_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 BOARD APPEAL APPLIC,4TION MTRucTIONS PAGE Z PUBLIC HEARING ADVERTISEMENT 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) $350/1 st var + $75/app + $150/ea add variance Area Variance - 3+ Family and Commercial $1,000/1st 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 to Temporary Use Permit Special Use Permit - Extension Special Use Permit - Modification Sketch Plan Site Plan Full Residential Non -Residential / Mixed -use Administrative SPR Residential Non -Residential / Mixed -use Extension Residential Non -Residential / Mixed -use Subdivision - incl. PUD Sketch Plan Preliminary Approval Residential: 1-5 Lots Residential: 6-10 Lots Residential: 11-20 Lots Residential: 21+ Lots Residential - Extension Final Approval Residential Non -Residential Final Approval Modification Residential Non -Residential Final Approval Extension Residential Non -Residential $500 $400 $550 + $75/app $400 per sketch $400 + $250/unit $800 + $150/1,000 sf (Non -Res) + 250 unit (Res) $400 $800 $250 $350 $400 per sketch $700 + $75/app $1,100 + $75/app $1,450 + $75/app $1,800 + $75/app $350 $1,550 + $200/lot + $75/app $2,400/lot + $75/app $400 + $75/app $800 + $75/app $250 $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 WatercourseANetland Permit WatercourseANetland 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