HomeMy WebLinkAbout20200138 Gersin Residence Application [FOR OFFICE USE1
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APPLICATION FOR: � � ��' ��'�"�"
APPEAL TO THE ZONING BOARD FORAN � � � ��`� �' �� ��
I NTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE E�10�1,`� ? `� �t�ZO � �I
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APPLICANT(S)� OWNER�S) (lfnot�p/icant) ATT�"��IEY/AGENT �
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Susan&James Gersin ����
Name
9 Waterview Drive
Address °
Saratoga Springs, NY
518-598-9595
Phone / / /
sgersin@icloud.com
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
179 84 1 10
I. Property Address/Location: Tax Parcel No.: - -
(for example: /65.52—4—3�
December 2000 PUD
2. Date acquired by current owner: 3.Zoning District when purchased:
Residence PUD
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
❑ S00'of a State Park,city boundary,or county/state highway?
8. Brief description of proposed action:
Seeking set back relief from existing shed
9. Is there a written violation for this parcel that is not the subject of this application? ❑Yes 6�'No
I 0. Has the work,use or occupancy to which this appeal relates already begun? �Yes �No
I I. Identify the type of appeal you are requesting(check a//thatapplyf
❑ INTERPRETATION(p.2� ❑VARIANCE EXTENSION(p.2� ❑ Use VA��cE(pp.3-6) �AREp,VAEt►►ANCE(pp.6-�
Revised Ol/2019
ZOlYlNG BDARD OFAPPEALSAPPL/CAT/ON FORM PA6E Z
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
❑ Interpretation $ 500
❑ Use variance $I,000
�Area variance
-Residential use/property: $ 200
-Non-residential use/property: $ 600
❑ Extensions: $ 150
If�ITERPRETA'i'IOiV—PLEASE ANS�A/ERTHE FtJL�OWItdG(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 Varianca ❑Area Variance
EXTENSION OF A VARIANCE—PLEASE MISWERTHE FOLLOWING(add additional information as necessary):
I. Date original variance was granted: 2. Type of variance granted? ❑ Use D 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,o�within the circumstances upon which the original variance was granted:
Revised 0112019
ZONlNG BOARD OFAPPFALSAPPL/CATlON FORM PAGE.�
USE d CE—PLFI4SE AAlSWER THE FOLLOWiPdG(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".
I. That the applicant cannot realize a reasonable financial return on initial investment for any currently permitted use on the property.
"Dollars¢s"proof must be submitted as evidence.The properry 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):
I) 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:$
�Appraised Value:$ Appraiser: Date:
Appraisal Assumptions:
Revised O1/2019
�ON/NG SOARD QFAPPEALSAPPLlCATlON FORM PAGE 4
B. Has property been listed for sale with Ol(es If"yes",for how long?
the Multiple Listing Service(MLS)? [QNo
I)Original listing date(s): Original listing price:$
If listing price was reduced,describe when and to what extent:
2) Has the properry 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? �1Yes ❑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 Ol/2019
ZONlNG BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE S
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:
The requested variance is not substantial for the foliowing reasons:
The garden shed has been on location for over 9years. it was professionally built by Garden Time to match the existing home.
It was approved by the NOA architectural committee. It was also signed off by the compiaining party who at the time was an
adjacent neighbor and a member of the HOA.
4. That the aileged hardship has not been self-created.An applicant(whether the property owner or one acting on behalf of the properry
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 foliowing reasons:
The requested variance will not have an adverse physical or environmental effect on the neighborhood or district:a crunched
stone pad approximately 6"deep to provide a level stable platform and provide drainage was professionally installed.Over this
time no noticed puddling or excessive run off has been observed.
Revised Ol/2019
ZONING BOARD OFAPPFALSAPPLICAT/ON FORM PAGE 6
V CE—PLF�SE A�VS'V�ER THE FOLLOVdING(add additional information as necessary):
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements From To
� i�
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�.�-�.� `���2.o s�����=�� 2-��
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.
l�,C���,n��..12,i"�1,vt 1� C�\r� Cc�c�� \Nu-v Lh �1 l'�C �����-� T� c�.�,1--
�.��t��'r �c.� -t��o�- t'��ir�.0�; IT:
�j�.�,��JZ� � h.1 l7 ,�bY�t`C-t�fi��6I.. L �aN C� 1�v�l �S�\ 1= �12 I�c 1'2 C\-���
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 foliowing reasons:
�, 1�; ��L������ ��-� �z�+� q�-�r�c . t�t- i� �-� m-b
Tb�� c�� Tt�� '0 c2t�e�� �..N � t � �'�t) ���;N ��,��n �C��� . C��NS t�t"'�-'N i
�� r��'�G t'��, ���_,-re'�t� "C� �C�l�, S t C��= �**c�,l�� 1��.�
Revised 0112019
ZONlNG BDARD OFAPPEAl.SAPPL/G4TION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
She'd has been in place for 9 year 10x8 size matches the home.Approved buy the Homeowners association. Person complaining
signed the application with the association. '
4. Whether the variance will have adverse physicai or environmental effects on neighborhood or district. The requested variance will not
have an adverse physical or environmentai effect on the neighborhood or district for the following reasons:
None
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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:
Although we agree this alleged difficulry was self-created;it was never our intent to willfully violate the zoning.Obviously
ignorance is not an excuse we however thought we did our due diiigence.
Revised 0112019
ZON/NG BDARD OFAPPEALSAPPLIG4TION FORM PAGE 8
DISCLOSURE
Does any City of�cer,employee,or family member thereof have a financial interest(as defined by General Municipal Law Section 809)in
this appiication? ❑No ❑Yes (f"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, IJwe 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: Z ����3 �-7
applicant si nature)
Date:-���1-"s-�
(applicant sig ature)
If applicant is not the currently the owner of the property,the current owner must also sign.
Owner Signature: Date:
�
Owner Signature: Date:
Revised Ol/2019
ZONING AND BUILDING INSPECTOR DENIAL
OF APPLIC/�TION FOR LAND USE AND/OR BUILDING
APPLICANT: TAX PARCEL NO.: - -
PROPERTYADDRESS: ZONING DISTRICT:
This applicant has applied to use the identified property within the City of Saratoga Springs for the following:
This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s)
.As such,the following relief would be required to proceed:
❑ Extension of existing variance ❑ Interpretation
❑ Use Variance to permit the following:
❑Area Variance seeking the following relief:
Dimensional Requirements From To
Other:
Note:
❑Advisory Opinion required from Saratoga County Planning Board
��NING AND BUILDING INSPECTOR DATE
Revised Ol/2019
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