HomeMy WebLinkAbout20260822 38 Oak St Area Variance Extension Application**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED**
[FOR OFFICE USEI
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
CITY HALL - 474 BROADWAY
i SARATOGA SPRINGS, NEW YORK 12866-2296
TEL: 518-587-3550 X2533
c\cR,TEo '° www.saratoga-springs.org
APPLICATION FOR:
INTERPRETATION, USE VARIANCE,
AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANTS)
Chris and Shari Noonan
Name
38 Oak St
Address
Saratoga Springs, NY 12866
518-424-6845
Phone
/
Email
(Application #)
(Date received)
(Project Title)
Check if PH Required
Staff Review
OWNER(S) (lfnotapp/icant) ATTORNEY/AGENT
Primary Contact Person: ❑✓ Applicant FlOwner 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 INFORMA
38 Oak St
1. Property Address/Location:
165 66 3 23
Tax Parcel No.: -
(for example: /65.52 - 4 - 37)
August 2024 UR-3
2. Date acquired by current owner: 3. Zoning District when purchased:
Single Family Residential UR-3
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
® Yes (when? Nov 2023 #20230558 For what? Accessory Structure )
® 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?
Extension of previous application for construction of a 20X27' (2) story accessory
�.tr8�t�faJt�¢�tix;�+s ��c�®�fi�i`3ud
recreational space on the upper floor. No changes from prior applicaiton #20230558.
9. Is there an active written violation for this parcel? ❑ Yes it No
10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes ®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) ❑ AREA VARIANCE (pp. 6-7)
Revised 01/2021
ZONING BOARD OFAPPEALSAPPL/CATION FORM
PAGE Z
INTERPRETATION — PLEASE ANSWER THE 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? 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 ANSWER THE FOLLOWING (add additional information as necessary):
3/19/25
1. Date original variance was granted:
3. Date original variance expired:
9/24/26
2. Type of variance granted? ❑ Use ® Area
5. Explain why the extension is necessary. Why wasn't the original timeframe sufficient?
Due to a series of unforseen, serious, medical issues within the family, we were unable to proceed with the project as planned. Chris
(owner) underwent a full knee replacement and was not fully mobile for 6 months. This was followed by Shari's two elderly parents
from moving forward with the project.
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:
There have been no significant changes to the site or neighborhood. The adjacent property to the direct South has a similar size lot
with a larger attached garage and 2nd dwelling unit above. Th proposed garage is replacing an old barn structure which was on the lot
are several other garage type structures along Western Alley which are similar. The proposed coverage and setbacks are consistent
with others in the neighborhood. The garage will allow for off street parking for the main residence, reducing the existing congestion for
neighborhood or district. The structure is located so that snow and water shed will occur onto the property and not be diverted to
nearby properties. No additional runoff will be produced to neighbors or the alley as the lot area is sufficient for on -site drainage. The
Revised 0112021
ZONING BOARD OFAPPEALSAPPLICAT/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
3) Annual maintenance expenses:
5) Annual income generated from property: $
6) City assessed value
7) Appraised Value: $
Appraisal Assumptions:
Revised 01/2021
4) Annual taxes: $
Cost
Equalization rate: Estimated Market Value: $
Appraiser:
ZONING BOARD OFAPPEALSAPPL/CAT/DN FORM PAGE 4
B. Has property been listed for sale with E3Yes 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? ❑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:
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ZONING BOARD OFAPPEALSAPPLICATION 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:
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ZONING BOARD OFAPPEALSAPPLICATION FORM
PAGE 6
AREAVARIANCE— PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements District Requirement Requested
Other:
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.
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:
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ZONING BOARD OFAPPEALSAPPL/GAT/ON FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
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:
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:
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ZON/NG BOARD OFAPPEAaAPPL/CAT/ON FORM
PAGE B
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
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.
;4!
(appliebn signaturel
(applicant signature)
9/17/2026
Date:
9/17/2026
Date:
If applicant is not the currently the owner of the property, the current owner must also sign.
Owner Signature:
Owner Signature:
Date:
Date:
Revised 01/2021