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20190025 Elder Residence_704 North Broadway Application CITY OF SARATOGA SPRINGS r ZONING BOARD OF APPEALS . r City Hatt— 474 13raa.drm" " Sowa4vgaaSpri,,.gk, NevrYark.128&& Hca , TeL' 51-8-587-3550 fia yu 518-580—q480 ati INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE 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. 2. COMPLETE SUBMISSIONs:Applicants are encouraged to work with City staff to ensure acomplete application.The ZBA will only consider properly completed applications that contain I original and I 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". Fees are cumulative and required for each request below. ❑ Interpretation $480 ❑ Use variance $1,000 ❑ Area variance - Residential use/property $175 - Non-residential use/property$600 ❑ Extensions $150 SUBMISSION DEADLINE: Check City's website ( saratoga-sprin s.oLg for application deadlines and meeting dates. Revised 03/2018 ZONING BOARD APPEAL APPLICATION MTRUCT/ONS PAGEZ 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 Saratov legal notices at least 5 days before the hearing. Applicants must pay The Saratov for the legal ad and present proof of payment to the ZBA prior to the public hearing. If proof of payment is not presented prior to the hearing, the hearing will be cancelled. 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 12/2015 k,0 A [FOR OFFICE USE1 CITY OF SARATOGA SPRINGS 4. (Application#) Ci fy HaiL - 474 13raa.d4mra.y So.ra4vga Spgy, Ne rYark,128Coco TeL- 518-587-3550 � 518-580-9480 (Date received) APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* OWNER(S) (If notapp/icant) ATTORNEY/AGENT Name Katie Elder LLC Thomas Baio Architect PC 704 North Broadway 343 Millburn Avenue Address Saratoga Springs, NY Millburn, NJ 07041 Phone 917-656-2135 / / 973-376-1176 / MTDLLC14@gmail.com tom@ThomasBaioArchitect.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: m Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 704 North Broadway 165 36 2 63 I. Property Address/Location: Tax Parcel No.: - - (for example: /65.52-4-37) UR-1 & UR-2 2. Date acquired by current owner: 3.Zoning District when purchased: Single family Residence UR-1 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? ) 10 No 7. Is property located within(check all that apply)?: 10 Historic District 10 Architectural Review District ❑ 500'of a State Park,city boundary,or county/state highway? 8. Brief description of proposed action: There are two items sought in this application 1. We are seeking to convert the use of the garage into a caretakers&guest cottage. 2. We are seeking to build a pool cabana& covered roof lounging area 9. Is there a written violation for this parcel that is not the subject of this application? ❑Yes V1 No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes V No I I. Identify the type of appeal you are requesting (check a//thatapp/y�. ❑ INTERPRETATION (p. 2) ❑VARIANCE EXTENSION (p. 2) 0 USE VARIANCE (pp. 3-6) ❑AREA VARIANCE (pp. 6-7) Revised 12/2015 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE2 FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $ 480 ❑ Use variance $1,000 m Area variance -Residential use/property: $ 175 -Non-residential use/property: $ 600 ❑ Extensions: $ 150 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 0 N 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 03/2018 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM FAGE.3 USE VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): A use variance is requested to permit the following: I do not believe that the requests involve USE 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: Appraisal Assumptions: Revised 03/2018 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGE{ N/A B. Has property been listed for sale with ❑Yes If"yes",for how long? the Multiple Listing Service(MLS)? IgNo Not applicable N/A 1)Original listing date(s): Original listing price:$ If listing price was reduced,describe when and to what extent: Not applicable 2) Has the property been advertised in the newspapers or other publications? E--]Yes ONo If yes,describe frequency and name of publications: Not applicable 3) Has the property had a"For Sale"sign posted on it? ❑Yes 0 No If yes, list dates when sign was posted: Not applicable 4) How many times has the property been shown and with what results? Not applicable 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: Not applicable Revised 03/2018 ZONING BOARD OFAPPEALSAPPL/CAT/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: - The existing garage size, shape and character is mainly unchanged. The owners can meet their needs by a simple re-use of the structure into a care-takers/guest cottage during the times in which the family is visiting. -The proposed re-use minimally impacts the neighborhood and retains the historic feel of the structure on the setting of the property 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(orwas in a position to know)the conditions forwhich the applicant is seeking relief.The hardship has not been self-created for the following reasons: -The ownership does not use the garage for the housing of vehicles. -The impact from the re-use of the garage into a care-takers/guest cottage minimally impacts the neighborhood and allows the owners to avoid additions onto the existing 'Barn"style residence which would have a far more significant impact on the neighboring properties and environmental impact. Revised 03/2018 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements From To 1. The re-use of the garage into a care-takers/guest cottage 21'-2"(width)x 25'-4"(front to back) 2. To build a conforming cabana adjacent to the pool. 27'-0"(deep)x 32'-0"(wide) Other: To grant an areavariance,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. - Building onto the existing historic barn appearance for the residence is neither desired nor in keeping with the light density of the property. - By utilizing the existing garage structure we feel that a minimal impact is incurred to the neighbors and neighborhood fabric. 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: - By maintaining the garage structure without significant alteration,we feel that the use of it as an caretakers/guest cottage is minimized to the surrounding properties and neighborhood fabric. - Its use as a garage would eliminate the entrance from Ryan Street and would only be accessed from within the property through a man door. Revised 03/2018 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM FAGE7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: - No additional bulk is proposed for the re-use of the garage. -The use of the property remains single family residential without any rental whatsoever. 4. Whether thevariance will have adverse physical or environmental effects on neighborhood ordistrict. The requested variancewill not have an adverse physical or environmental effect on the neighborhood or district for the following reasons: -This is a simple re-use of the existing structure of the garage. The current owners do not use the garage and this would allow them to have a room for the use of family members when they visit&care-takers of the main residence. -Without any bulk changes(aside from the cuppola)the building retains the physical &environmental status of today. 5. Whether the alleged difficulty was self-created(although this does not necessarily preclude the granting of an areavariance).Explain whether the alleged difficulty was or was not self-created: -The re-use of the garage into a care-takers/guest cottage is certainly self-created but makes no impact to the surrounding properties. It likewise imposes no additional lot coverage. Revised 03/2018 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGER 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? 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. Date: (applicant signature) Jan 4, 2018 Digitally signed by Thomas 111i, io ecn=Thomas Baia o,ou=Architect, Thomas Bamail=tom@thomasbaioarchitec[.com,-US Date:2019.01.04 15:11:35-05'00' Date: (applicant signature) If applicant is not the currently the owner of the property,the current owner must also sign. Digitally signed by Salvatore cajole ja n 4 2018 Salvatore Caiola LL Salatore g a Oom,Ce Elder LLC,email=mtdllc14@gmail.com,c=US Owner Signature: Date 20,M1.04152435-05'00' Date: Owner Signature: Date: Revised 03/2018 ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING APPLICANT: TAX PARCEL NO.: - - PROPERTY ADDRESS: 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 ZONING AND BUILDING INSPECTOR DATE Revised 03/2018