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20180332 3022 DeVallSingleFamily_59FranklinSt Application DEVALL AND DEVALL Worry 'at Law 9 FRANKLIN!STREET ARATO A SPRINGS,NEW YORK 12866 RICHARD F.De11LL AREA CODE( 18)884-821 DAVID F.DeVALL ALSO MEMBER OF THE FLORIDA BAR February 12, 2018 Saratoga Springs Zoning Board of Appeals City Mall 474 Broadway Saratoga Springs,NY 12866 Re: Area Variance Application of Richard F. and David P. DeVall Premises: 59 Franklin St., Saratoga Springs Dear Board members: Enclosed please find the following: 1. Completed and signed Application for Use Variance, Pages 1 through 8, inclusive� 2. Completed and signed SEAR Environmental Assessment Porn; . Subdivision Site Plan; 4. Photographs showing the-subject property, and adjoining and neighboring properties; . One digital copy of the foregoing. Susan Barden sent me a recent email indicating that, clue to the special circumstances of this application, no filing fee will be charged. Thant you for your attention. 'fiery truly yours, 3 David F. I eVall Richard P. Nall `0G, [FOR OFFICE USEl r Y CITY OF SARATOGA SPRINGS s 5 5 1Ji 1: 01". 's x f (Application#) Cify 14a-t4 74 13 mad4va�y F {� (Date received) APPLICATION FOR: APPEAL TO THE ZONI NG BARD FRAN INTERPRETATION, U SE VARIANCE,AREA VARIANCE AND R VARIANCE E E TEN I N APPLICAN OWNER Ifnot lican ATTORNEY/AGENT Richard F.DeVall and ' Name David F.DeVall Address (518)594-8521 Phone richdeva1158@gmall.com Email ddeva113@nycap.rr.com 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: 0 Owner ❑ Lessee ❑ Under option to tease or purchase PROPERTY INFORMATION 59 Franklin Street 165 59 1 54 1. Property Address/Location: Saratoga Springs, NY 12866 Tax Parcel N .: -(for example.-X 6.5. —4 37) — I overnver 22, 1994 . Date acquired by current owner: 3.Zoning District when purchased: Ufa 4 First ffoor professional office; . Present use of property: 1 Apartment up; 1 Apartment rear 5.Current Zoning District: UR-4 . Has a previous ZBA application/appeal been filed for this property? 0 Yes when? 512005 and 11/2016 For hat?Carriage House wlapt Lap � 0 No . Is property located within(check all that apply)?: ❑ Historic District 0 Architectural Review District ❑5 0 o'of a State Park,city boundary,or county/state highway? . Brief description of proposed action.- Applicants ction.Applicants propose to subdivide the property and construct a 1,216 square foot single family residence with detached garage in the rear of the existin F lot.The positioning of the proposed residence has been referred to the Design Review Commission. ne LJKC approve a positioning as depictedon the-SitePlan submitted herewi . . Is there a written violation for thig panel that is not the not the subject of this application? ❑Yes 10 No 10. Has the work, use or occupancy to which this appeal relates already begun? fifes ONo 11. Identify the type of appeal you are requesting check all that lir ❑ INTERPRETATION p. ❑VARIANCE EXTENSION p. ❑ USE VARIANCE pp. - 0 AREA VARIANCE pp. -7) Reprised 12/20 15 ZONING BOARD oFAPPE4LsAPPL1c.4 TION FORM PAGE FEES:Flake checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $ 400 0 Use variance $1$000 ❑Area variance -Residential use/property: $ ISO -Non-residential use/property: Soo ❑ Extensions: ISO INTERPRETATION—PLEASE ANSWER THE IFLL IIIN (add additional information as necessary): 1. Identify the sections of the Zoning Ordinance for which you are seeking an interpretation: Section(s) . How do you request that this section be interpreted? . If interpretation is denied,do you wish to request alternative zoning relief? es No . If the answer to#3 i "yes,"what alternative relief do you request?❑ Use Variance ❑Area 1 arian e E CTEN ION of A 1 Al AN E—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): 1. Gate original variance was granted: 2. Type of variance granted? ❑ Use ❑Area . 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: Devised 1212015 ZoNINa BOARD oFAPPE4LsAPPL1cATtoNFoRm PAGE3 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 hardshiR in relation to that property. In seeking a use variance,New York State law requires an applicant to prove all four of the following 19 tests". I 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: $ Indicate dates and costs of any improvements made to property after purchase: Date Improvement Cast Annual maintenance expenses:$ 4 Annual taxes: 5Annual income generated from property: City assessed value: $ Equalization rate: Estimated Market Value: Appraised Value:$ Appraiser: . . Date: Appraisal Assumptions: Revised 12/2015 NtN 'BOARD oF A PPEu sAPPL 1 4 TION FoRm PAGE B. Has property been listed for sale with des If"yes",for how long. the Multiple Listing Service(NILS)? [[]No 1 Original listing dates : Original listing price: If listing price was reduced, describe when and to what extent: Has the property been advertised in the newspapers or other publications? ❑Yes No If}res,describe frequency and name of publications: ...„_ Has the property had a"For Sale's sign posted on it? OYes ❑No If yes,list dates when sign was posted: 4 How many times has the property been shown and with ghat results? . 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: Reprised 12/2015 ZoNiNG B oARD oFAPP 4 Ls A PPL icA TIoN FoRm PAGE . 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 eharacter of the neighborhood for the following reasons: 4. That the alIgged 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 Inning r was in a position to now the conditions for which the applicant is seeking relief.The hardship has not been self-created for the following reasons: Remised 12/20 15 AREA VARIANCE CE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Fie uirements From To Set back along Marvin Alley(deemed to be a Side Yard) 20 Feet 7 Feet Set back along Cherry Street(deerned to be a Front Yard) 20 Feet 5 Feet: Set back along Northerly property line 20 Feet 5 Feet Enlarge Maximum Building coverage on new Lot % 38.4% Other: To grant an area variance,the Z BA rnust balance the benefits to the applicant and the health,safety,and welfare ofthe neighborhood and community,taping 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 expIored (alternative designs,attempts to purchase land,etc.)and w hy they are not fusible. Any other positioning of the proposed residence would be esthetically unpleasing and wasteful of the existing green space behind the existing building. . 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: It would not cause an and sireable change or detriment, particularly in fight of the new development on Franklin Street opposite the subject, and the new development to the rear of the subject,known as the Ellsworth project. In fact,construction of the rest ence Wouldcreate a esirea e bufferbetween-Ire-c arae er o ran ih Street and trie character o swo he neva curbs,sidewalks and pole lighting would further"pedestrian connectivity",desired by the City. f eAsed 12!2015 ZoNiNG BoARD oFA PPEALs A PPL l I TIoN F fpm PAGE . whether the variance is substantial. The requested variance is not substantial for the following reasons: The request Is for the minimum amount of relief necesary to construct the residence in an esthetic and responsible manner. 4. whether the variance will have adverse physical or environmental effects on neighborhood or district. The requested variance will net have an adverse physical or environmental effect on the neighborhood or district for the following reasons: Construction of this residence has no known adverse effect on the neighborhood,the District or the site itself. S. whetherr the a[leged difficulty was self-created(although this does not necessarily preclude the granting of an area variance).Exp whether the alleged difficulty was or was not self-created: The difficulty should not be seen as self-created because greater dimensional relief has been granted to the properties opposite tile subject( 0 and 66 Franklin). --_— -- ..-- Revised 12/20 15 ZoNllvG BoARD opAPP 4L s APPL J 4Tl AtFoRm PAGE DISCLOSURE Does any City officer,employee,or family member thereof have a financial interest s defined by General I' uni6pal Law Section 809)in this application? 0 No ❑Yes If"yes",a statement disclosing the name,residence and nature and a stent of this interest must be filed with this application. APPLICANT CERTIFICATION I/we,the propertyowner(s),or purchaserslessee under contract,of the lard 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 eater the property associated with this application for purposes of conducting any necessary site inspections relating to this appeal. r�Le: Date: (applicant signature) 4L 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: Gate: Devised 12/20 15 'ho t Environmental Assessor en t Form Part I -Project ecInformation Instructions for Completing Part 1-Project Information. The apply. ant or project sponsor is responsible fDr the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part,I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information, Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item, Part 1-Project and Sponsor Information g Franklin Street,Saratoga Springs,NY.Sponsors:Richard F.DeVall and David F.DeVall Name of Action or Project: Subdivision and residence Project Location(describe,and attach a location map): 59 Franklin Street,Saratoga Springs,NY,corner of Cherry Street and Marvin Aller Brief Description of Proposed Action: Subdivide a new lot of 4,660 square feet at the rear of the existing lot. Construct a neer single ramify residence of 1,216 sq.feet with detached geirage. Name of Applicant or Sponsor: Telephone: ( 1 8)584-6621 Richard F.DeVall and David F.DeVall -Bail: ddeva113@nycap.rr.com Address: 59 Franklin Street city/p: State. Zip Code. Saratoga Springs NY 12666 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the en i orunental resources that may be affected in the municipality and proceed to Part 2: If no,continue to question 2. . Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Planning Board approval of subdivision;Zoning Board approval of area variances;Design Review Commision approval � of Historical Review. .a.Total acreage of the site of the proposed action? 0.273 acres b.Total acreage to be physically disturbed' 0,031 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.273 acres . Check all land uses that occur on,adjoining and near the proposed action. m Urban ❑Dural(non-agriculture) ❑Industrial ❑Commercial [0 residential suburban ❑)Forest ❑Agriculture ❑Aquatic ❑Other(specify):_ .. ❑Parkland Page 1 of . Is the proposed action, NO YES NIA a.A permitted use under the zoning regulations? � b, Consistent with the adopted comprehensive plan? 1 . Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 1 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? ILIO YES If Yes,identify: . a.will the proposed action result in a substantial increase in traffic above present levels"? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? 1:1 1 c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? � .Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: El � 12. a.Does the site contain a structure that is listed on either the State or National register of Historic NO YES Places? 1 b.Is the proposed action located in an archeological sensitive area? 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain No YES wetlands or other wterbodies regulated by a federal,state or local agency`s Z El b.would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbdy and extent of alterations in square feet or acres: Q 1 . Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ wetland O Urban ❑Suburban 15.Does the site of the proposed action contain any species ofanimal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? RI 1 .Is the project site located in the 100 year flood plain? N 0 YES 17.will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.will stoma water discharges flow to adjacent properties? R]NO E]YES .will storm water discharges be directed to established conveyance systems runoff and stornm drains)? If Yes,briefly describe: No FvelYES .. . . Page of 1 .Does the proposed action include construction or other activities that result in the impoundment of NO YES water' r other liquids e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed aetiorr or an adjolnmg property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: .�-- ... .Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste's If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE ppl• tis onsor nam : � ate: /';)-dk Signa e• L PRINT FORM Page 3 of •� was. � s.,�..• ��:w x #r� 3}.r IR ;�:ryi�"�k �, ^�� �}�:,�''�r'/}Ytia rot .il" y �}§t:n, :.it�,.� {•k Y`.b'�'° ,'� { v,b: 4> :i�} �Lt2'k}�.1�'i_�Y•y,{ �.�{L.'%kb.¢ Y �q,} �. * l�,� �.:ti?i.Y���� ,..-.a r## .8¢ b'x' ��+.x.•� :v':. 4 !4:y. -r# F.`x.__ ter' '^y�„{:.;� ,c. ' �i+5 h '{" {L.�y t f SC..N'"i'�Y. •.'t fi 7. Y,.'"� d ��✓1 rv: � Y. . .ti�yb4��}.1.'x . �' �i°:.}��>4�Ax.^ "fits "�:i1.!' ;�'.''. kYe Y�'. `:.°"3. •};7�4 e`x'•S�C:�� °Y„�r'?a ��L. 'l:i'L`�. 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