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HomeMy WebLinkAbout20260845 390 Church St Home of the Good Shepard Area Variance Application"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" CITY OF SARATOGA SPRINGS f ZONING BOARD OF APPEALS 7 CITY HALL - 474 BROADWAY !� SARATOGA SPRINGS, NEW YORK 12866-2296 r, ; .a�_.s. , �\,,P,T,, '-2`'0 www.saratoga-spfings.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* Adirondack Sign Co. LLC for Home of the Name Good Shepherd 390 Church St. Address Saratoga Springs NY 12866 Phone / Email OWNER(S) (lfnotRae licant) VS 390 Church LLC 260 E. Brown St. Suite 250 Birningham MI 48009 [FOR OFFICE USEI (Application #) (Date received) (Project Title) Check if PH Required Staff Review ATTORNEY/AGENT Adirondack Sign Co. LLC 1118 Middleline Rd. Ballston Spa NY 12020 518-409-7446 Susan® Contact Person: []Applicant Owner QAttomey/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: m Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 390 Church St. Saratoga Springs I .Property Address/Location: 10/7/2025 2. Date acquired by current owner: Health Building 4. Present use of property: 165 2 2 11 Tax Parcel No.: - a (for example. 165.52 — 4 — 37) UR-1 3. Zoning District when purchased: UR-1 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? ❑ Yes (when? For what? ) m No 7. Is property located within (check all that apply)?: ❑ Historic District M Architectural Review District ❑ 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: To design,create and install a new more modern sign, to be somewhat smaller as 9. Is there an active written violation for this parcel? ❑ Yes 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes 11. Identify the type of appeal you are requesting (check all that apply): 121 No ®No ❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 12 AREA VARIANCE (pp. 6-7) Revised 01/2021 ZON/NGBOAw OFAPPEALSAPPL/G4T1oNFORM PAGE2 — PLEASE ANSWERTHE FOLLOWING (add additional information as necessary): 1. Identify the section(s) of the Zoning Ordinance for which you are seeking an interpretation: Section(s) 240-12.7 Permit Required, C Ground Signs, #2 Freestanding Signs 2. How do you request that this section be interpreted? To grant relief from a 6 sq. ft. size sign to replace the existing sign of 13.72 sq. ft. with a more modern style signof 12.5 sq.ft.. As the direct neighbor to the right of the facility is also an aged home facility, and the neighbor across the road is a professional business location. The road Rt. 9 has a 45 mph speed limit with heavy traffic, we feel we need a larger sign for size of location and ease of visibility for the entrance of the facility. 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 m Area Variance EXTENSION OF A VARIANCE — PLEASE ANSWERTHE FOLLOWING (add additional information as necessary): 1. Date original variance was granted: 2. Type of variance granted? ❑ Use ❑ Area 3. Date original variance expired: S. 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 OFAPPEALSAPPVCATION FORM USE VARIANCE —PLEASE ANSWERTHE 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 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: Appraisal Assumptions: Revised 01/2021 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM 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? DYes ❑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: PAGE 4 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 OFAPPEALSAPPVCAT/ON 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 O1/2021 ZONING BOARD oFAPPEALSAPPL/CAT/ON FORM PAGE 6 AREA VARIANCE — PLEASE ANSWERTHE FOLLOWING (add additional information as necessary): Urban Residential - 1 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested Increase of square footage of Freestanding Sign 6 sq. ft. 12.5 sq. ft. 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: I . 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. We are looking for size relief of the proposed freestanding sign, from 6 sq. ft. to 12.5 sq. ft. This is due to the location of the facility back off the road and the road itself. Route 9 is a heavy traffic road with a speed limit of 45 mph and we will be replacing the existing sign of 13.72 sq. ft. to a sign of 12.5 sq. ft.. A sign of only 6 sq. ft. will be lost on the size of the property and due to speed limit, we feel this size sign will aid in the location of the facility. 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: We are replacing the existing sign of 13.72 sq. ft. with a newer more modern sign to update our facility appearance. Our neighbor, directly across the street has a large freestanding sign for his business, and the facility directly to our right has a freestanding sign in front of their facility as well. This will change nothing of the neighborhood character only to update to newer signage. Revised 01/2021 ZON/NGBOARD OFAPPEALSAPPL/cAT/ON FORM PAGE % 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: Taking into consideration the location and the set back off Route 9 and the 45 mph speed limit along with the other neighboring facility, and business located directly across the road. We feel this is not a substantial variance request, as the new signage is very tastefully designed in appearance and ease of location for clients. 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: No adverse physical or environmental effect on the neighborhood due to replacing the older existing signage, with a new more appealing version of the sign. 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: This was not self created, as we are taking into consideration the location and need for visibility to the busy passing traffic. We are trying to help motorists and clients easily find out location as per their needs. Revised 01/2021 DoWsign Envelope ID: DDA808F9-CDCB-863B-83CE-OAB6E64CD806 ZONING BOARD OFAPPEALSAPPUGAT/ON 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? m 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. Signed by: i�LtU�.c,llc, �,a.�bUln.%cUln, 11`1711t&W SIlt4ht signature) (applicant signature) Date: 8/27/2026 Date: If applicant is not the currently the owner of the property, the current owner must also sign. /D�oc�uSigned by: �� G. IUbIP►1lS Owner Signatu Owner Signature: Revised 01/2021 Date: 8/27/2026 Date: CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS Gvf y HaLI. - 474 6roa.o(.w" Te.L- 518-587-3550 X2533 ycORPORATED �9,y • WW'IAr:S�-r4FP�G�Sj'�'rU'ti9S�0Y9 INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/ORVARIANCE 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. 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 di,j9tal 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/seafparto ne. 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 ()Lnww.saratoga-springs.org) for meeting dates. Revised 0112021 ZONING BOARDAPPEAL APPUC4T/ON/NSTRUCTIoNs PUBLIC HEARING ADVERTISEMENT PAGE? 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. ROPERTY 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 das 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 $1,000/1 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 Facade 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 Facade 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 opecidi use rerma y1,1UU + �5/y/app 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 � rY 24 K 72" Double sided sign Aluminum frame with 1 /2" dimensional lettering, painted with urethane paints Installed onto 4x4 aluminum posts Thsr; proof irs nat r ubmittedfor colarapprwof or print gu slity. Please proof read aarrriully upon receipt. Colors viewed on manitors may vary slightly frotn aetual colons Ittfinal produafilon.lfcrilvrcli lcaLpleaoeprv%ideaaourateoclooeamplao(le;panwrw,paIntewatchcv,etc.) Sig nedprvvfafndioatcmMewAMacaepianccof*cproof 013W proof fo signed and returned with approval, we a re not reaponeible for any d ietrepartciee rsgaMing color, epol ling or materials used in pnaduttfon, PROOFS MUST 13E SIGNEDAND PUETVItiIYI D VIA E>' AIL 01% zrAX BEFORE PROCEEDING ., Customer; Horne of the G004 Shepherd' A vadAels: A©IR©NDACK Frafeat&Fst#r 24270 �N Slgrwtur�fyate n112-3 Dos#gnert RP Approvrd'With Corx alone; 72M'=nAm SeratpSyfi:g,.NYJM6 P;M-4"4'GNtAv; rslan70,04" Date; 6110120 nofurtherprooPrroedc wvm.A4<SrriG., rr. Revigion Datc:6115126 ttwhsions Required; New PrVof nebded: