Loading...
20180332 3035 New Cherry St. LotName CITY OF SARATOGA SPRINGS C ply Ho.0 - 4,74 f3rau wa.+,J Sara#rrga, NeA rYork.12866 TEL 5'18 -587-35'5'0 fww 518-580-g48O APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION LOR OFFICE USE] (Application #) (Date received) APPLICANT($)* OWNER(5) (If not applicant) ATTORNEY/AGENT Richard F. DeVaII David F. DeVall Address 59 Franklin Street Saratoga Springs, NY 12866 Phone (518) 584-8621 Email ddeval13@nycap,rr,com * An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question. Applicant's interest in the premises: 0 Owner PROPERTY INFORMATION ❑ Lessee 0 Under option to lease or purchase 59 Franklin St., Saratoga Spgs I . Property Address/Location: (Proposed New Cherry St. Lot) Tax Parcel No.: 165 59 - 1 - 54 (for example: 165.52 - 4 - 37) 2. Date acquired by current owner: November 22, 1994 3. Zoning District when purchased: UR 4 First floor Pofessional office 4. Present use of property: 1 Apartment up;1 Apartment rear 5, Current Zoning District: UR 4 6. Has a previous ZBA application/appeal been filed for this property? 0 Yes (when? 5/2005 and 11/2016 For what? Carriage House w/ apt up ) -$Fdo 7. Is property located within (check all that apply)?: 0 Historic District 171 Architectural Review District 0 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: Applicanst propose to subdivide the property and construct a 1,060 square foot single family residence with detached garage in the rear of the existing lot. The positioning of the proposed residence was referred to the Design Review Commision. The DRC approved the positioning of the residence as depicted on the Site Plan submitted herewith. 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes No 10. Has the work, use or occupancy to which this appeal relates already begun? Yes e No I I . Identify the type of appeal you are requesting (check all that apply): ❑ INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) PI AREA VARIANCE (pp. 6-7) Revised 1212915 ZONING BOARD OP APPEALS APPLICATION FORT -r PACE 2 FEES: Make checks payable to the "Commissioner of Finance", Fees are cumulative and required for each request below. ❑ Interpretation ❑ %)se variance (Area variance -Residential use/property: -Non-residential use/property: II Extensions: $ 400 $1,000 $ 150 $ 500 $ 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? fYes ❑No 4. If the answer to #3 is "yes," what alternative relief do you request?❑ Use Variance 0 Area Variance EXTENSION OF A VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional Information as necessary): I . Date original variance was granted: 2. Type of variance granted? 0 Use 0 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 12/201 S ZONING BOARD OF APPEALS APPLICATION +CORM 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 fora 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 & 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 12/2015 ZONING BOARD OFAPPEALS APPLIGAnJON FORM 13. Has property been listed for sale with ❑Yes If "yes", for how long? the Multiple Listing Service (MLS)? 11No I) Original listing date(s): Original listing price: $ If listing price was reduced. describe when and to what extent: PAGE 4 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? QYes ❑ 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 riot 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 12/2015 ZONING BOARD OF APPEALS APPLIGAT ON FORM PAGE 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 claire "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 1212015 ZONING BOARD OFAPPFALSAPPLICATION 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) Article 2.0, Table 3 Dimensional Requirements Minimum Average Lot Width Minimum Front Yard Setback along Cherry Street Minimum Side Yard Setback Minimum Total Side Yard Setback Minimum Front Yard Setback to Garage Enlarge Maximum Building Coverage on new Lot Other: From To 100' 58.1' 25' 5' 20' 19' 45' 19' 25' 20' 25% 34.4% Reduce Minimum First Floor Area (2 story) from 1200 sq feet to 1080 sq feet. 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: . 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. Any other positioning of the proposed residence would be esthetically unpleasing and wasteful of the existing green space. 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: It would not cause an undesireable change or detriment, particularly in light of the new development on Franklin Street opposite e su.jec , an. a new •eve opmen o e rear o e su.lec , nown as e swo projec . n ac , e cons ruc ion of ,e residence would create a desireable buffer between the character of Franklin Street and the character of Ellsworth. The new Revised 1212015 ZONING BOAR!? 0 APPEALSAPPLICA l7ON FORM P,IGE7 3. 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 not 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. 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: The difficulty should not be seen as self-created because greater dimensional relief has been granted to the properties opposite is subject (6O and 66 Franklin). Revised 12/20 15 ZONING BOARD OF APPEALS APPLICATION FORM PAGF 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? 0 No 0 Yes If "yes", a statement disclosing the name, residence and nature and extent of this interest must be filed with this application. APPLICANT CERTIFICATION /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, 1/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. (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: Date: `T1" /caA9 Date: l toll Revised 1212015 NOTE MMHG PROPERTY IS ESSENTIALLY FIAT AREA LOT 4,680 SO FT, AREA IiOUSE/GAR+IGE 1,608 SQ. FT, LOT COVERAGE 34.4% AVERAGE CHERRY ST. FRONTAGE OF LOT 58.4' SETBACK DIMENSIONS ARE TO ROOF OVERHANGS 55.4 SSS'01'SB'ET $00 pork isOis 1100.0 el, iisriop leteg% tort wog" Sriit 00, 9111 % � 40 '� � PaoPaseo STREET LHiR `39 ;�KINci a 9PACE8 AREA LOT 7,445 SO, FT, AREA EXISTING BIIIWING 1,700 SO, FT. LOT COVERAGE 22.8% AVERAGE FRONTAGE OF LOT 822 125.T 1 IT EXISTING WALK EXISTING BUILDING TWO STORY FRAME MOUSE APPROX 1,790 SO FT S • I PROPOSED STREEr USW PROPOSEDTREETL1 CAAVikiR °rte TAx la 165.531-54 MAP LEGEND I:1r) 6-5 5 z z I A Short Environmental Assessment Form Part .1 - Project Information Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for 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 1 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 Name of Action or Project: 59 Franklin Street Subdivision and New Residence Project Location (describe, and attach a location map): 59 Franklin Street, Saratoga Springs, New York, corner of Cherry Street and Marvin Alley Brief Description of Proposed Action: Sudivide a new kit of 4,660 square feet at the rear of the existing Lot. Contruot a new single family residence of 1,080 square feet with detached garage. Name of Applicant or Sponsor: David F. DeVall and Richard F. DeVall Telephone: (518) 584-8521 E -Mail: ddeva113@nycap.rr.com Address: 59 Franklin Street City/PO: Saratoga Springs State: NY Zip Code: 12866 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES V 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? If Yes, list agency(s) name and permit or approval: NO YES V II 3.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 4. Check all land uses that occur on, adjoining and near the proposed action. Ii Residential (suburban) E Urban El Rural (non -agriculture) ❑ Industrial ■ Commercial ❑Forest OAgriculture ❑Aquatic ❑Other (specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES iN/A a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? 1 v In ❑ ❑ YES MI 6. is the action consistent with the character of the existing built or natural NO proposed predominant landscape? [ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Asea? NO YES If Yes, identify: II YES V 8. a. Will the action result in a substantial increase in traffic above levels? NO proposed present Q El b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? • • L� J YES 9. Does the proposed action meet or exceed the state energy code requirements? NO If the proposed action will exceed requirements, describe design features and technologies: III MI 10. Will the proposed action connect to an existing public/private water supply? NO _YES El 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: 11 l ? J ' YES 11 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic NO Places? b. is the proposed action located in an archeological sensitive area? IS YES_ III 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? in feet NO If Yes, identify the wetland or waterbody and extent of alterations square or acres: 14. 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 ❑Urban ■ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? V El 16. Is the project site located in the 100 year flood plain? NO _YES 1 V 1 17. Will the action Create storm water discharge, either from point or non -point sources? YES proposed If Yes, a. Will storm water discharges flow to adjacent properties? Si NO nYES _NO V' b, Will storm water discharges be directed to established conveyance systems runoff and storm drains)? If Yes, briefly describe: runoff [YES Page 2 of 3 18. Does the proposed action include construction or other activities that result inthe impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? if Yes, describe:El NO YES 20. Has the site of the proposed action or an adjoining property been the subject ofremediatiott (ongoing or completed) for hazardous waste? If Yes, describe: NO YES I=1 OF El MY I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST KNOWLEDGE Applicant/sponsor name: $ (!/ • b Ci i F • D(4-tf( Date: April/0 2018 Signature: � c f Mr /r1F;ir r 15 ., PRINT FORM Page 3 of 3 , IV:1; 0ft., - —.mac mais-a+o,...416111P• •-•••om41•PM.mr. • • • . '•- -H=T.7 1-11 from Subject v .i.. - is } .. •'�•rk..''�'ti ;rte, •r ,-- Proposed Cherry Street Lot 7. ; • :1411V "%BMW .7i - — _ h.• . -.1 . d).•,- 54,16-\: 1.- - --- L ti d: X Of r --J. ;11'4, .L. P.4.5.10 View North from Cherry Lot Viaw Waci- frnm Cherry Lot