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HomeMy WebLinkAbout20260999 58 Woodlawn Ave Area Variance ApplicationRevised 01/2021 APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT Name Address Phone / / / Email *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 1.Property Address/Location: Tax Parcel No.: ________.______ - ______ - ______ (for example: 165.52 – 4 – 37 ) 2. Date acquired by current owner:3.Zoning District when purchased: 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? ) 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: Yes No Yes No 9.Is there an active written violation for this parcel? 10.Has the work, use or occupancy to which this appeal relates already begun? 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) Applicant Owner Attorney/AgentPrimary Contact Person: **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** [FOR OFFICE USE] _______________ (Application #) ____________ (Date received) __________________________ (Project Title) Check if PH Required Staff Review _______________ CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 TEL: 518-587-3550 X2533 www.saratoga-springs.org Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2 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?  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): 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: Appraisal Assumptions: Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION 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”. 1.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: Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4 B.Has property been listed for sale with Yes If “yes”, for how long? _______________________________ the Multiple Listing Service (MLS)?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: Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION 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: Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6 AREA VARIANCE – 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: Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION 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: Revised 01/2021 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 8 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. 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: Date: Owner Signature: Date: 58 Woodlawn Avenue - Site Photographs ZBA Area Variance Application - Front Porch | Tax Parcel 165.51-3-19.1 Historic Maps: The Porch Has Been at the Street Line Since at Least 1889 Photo 1: Sanborn Fire Insurance Map, Saratoga Springs, October 1889. Woodlawn Avenue was then named Matilda Street. No. 58 (circled) is a 2-story dwelling; the dashed outline along its front is the Sanborn symbol for a porch, shown at the street line. Close-up: No. 58 with the dashed porch outline along the front, at the Matilda St (Woodlawn Ave) street line. Source: Library of Congress, Geography and Map Division, Sanborn Maps Collection (Sanborn Map Company). 58 Woodlawn Avenue - Site Photographs ZBA Area Variance Application - Front Porch | Tax Parcel 165.51-3-19.1 Historic Maps: The Porch Has Been at the Street Line Since at Least 1889 Photo 2: Sanborn Fire Insurance Map, Saratoga Springs, 1954. No. 58 (circled), labeled "Apts," again shown with a one-story porch (dashed outline) across its front at the Woodlawn Avenue street line. Close-up: No. 58 ("2 1/2 Apts") with the front porch at the street line. Source: Library of Congress, Geography and Map Division, Sanborn Maps Collection (Sanborn Map Company). 58 Woodlawn Avenue - Site Photographs ZBA Area Variance Application - Front Porch | Tax Parcel 165.51-3-19.1 Part A - Original Porch: Condition Before Work Photo 3: Original front porch before work began: gable roof, enclosed base wall, located at the front entrance at the edge of the Woodlawn Ave sidewalk. Neighboring #60 at left. Photo 4: Original porch from the sidewalk. Main entrance door and building mailboxes under the porch roof; deteriorated base of the front-left column. Photo 5: Original porch in winter. The enclosed base wall leans outward at its lower edge. Photo 6: Original porch from the side: base wall visibly leaning outward at the bottom. 58 Woodlawn Avenue - Site Photographs ZBA Area Variance Application - Front Porch | Tax Parcel 165.51-3-19.1 Part A - Original Porch: Condition Before Work Photo 7: Original porch looking along the Woodlawn Ave sidewalk. The porch base sits at the edge of the sidewalk (Walton Street parking garage across the street). 58 Woodlawn Avenue - Site Photographs ZBA Area Variance Application - Front Porch | Tax Parcel 165.51-3-19.1 Part A - Original Porch: Condition Before Work Photo 8: Where the original porch roof met the house: torn shingles, failed flashing and separation at the wall, and damaged soffit below. Photo 9: Original porch roof sloped up into the second-floor window sill with patched flashing, directing water, snow and ice toward the window. Photo 10: Porch floor removed: original floor framing rotted and resting on the soil, with no proper footings. New concrete pier form being set. Photo 11: Original sill framing in contact with the ground and deteriorated. New 12-inch concrete pier form with rebar. 58 Woodlawn Avenue - Site Photographs ZBA Area Variance Application - Front Porch | Tax Parcel 165.51-3-19.1 Part B - Porch Rebuild in Progress When Work Stopped Photo 12: Front of 58 Woodlawn Ave seen from across Woodlawn Avenue during the rebuild, showing the porch location at the front entrance, the sidewalk, and the neighboring property at #60 (brick, left). Photo 13: Porch posts and deck framing at the main entrance door (building mailboxes at left of door). Photo 14: Deck framing and posts looking along the front of the house toward the sidewalk. 58 Woodlawn Avenue - Site Photographs ZBA Area Variance Application - Front Porch | Tax Parcel 165.51-3-19.1 Part B - Porch Rebuild in Progress When Work Stopped Photo 15: Front of the house during renovation. Siding removed, exposing the original wall framing. New pressure-treated porch framing (right) on the existing porch footprint at the front entrance. Photo 16: Porch framing viewed from the Woodlawn Ave sidewalk, showing its relationship to the sidewalk. Existing concrete steps at right. Condition when work stopped. 58 Woodlawn Avenue - Site Photographs ZBA Area Variance Application - Front Porch | Tax Parcel 165.51-3-19.1 Part B - Porch Rebuild in Progress When Work Stopped Photo 17: New girder beam on new concrete pier footings. Ledger along the original stone foundation. Photo 18: New concrete pier footing with post base supporting the girder; existing concrete entry steps at right.