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20190071 Stellato Area Variance Application CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS aG VI-9 Ho L J - 4 74 6 ro-a-oknta-y j v ` Sara ga' New-Yo-rk/1-2 8 6 6 , .` Tel: 518—587-3550 j 518—580-9480 cii?POA O INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS I. 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 a complete 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 (www.saratoga-springs.org) for application deadlines and meeting dates. Revised 03/2018 ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE 2 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 Saratogian legal notices at least 5 days before the hearing. Applicants must pay The Saratogian 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 q [FOR OFFICE USE] ` CITY OF SARATOGA SPRINGS (Application#) Cv d -H 474 f3 So-Ta--gam S i vLgS% N&w"Yo-rk/1-z 8 66 . `', Tth 518-587-3550 518-580-9480 (Date received) 'PoRATED APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT Tony&Jerilyn Stellato Name 148 Woodlawn Ave. Address Saratoga Springs, NY 12866 518-573-6362 Phone / / / tonystellato.jr@gmail.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: IZ Owner 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 148 Woodlawn Avenue 165 44 1 52 1. Property Address/Location: Tax Parcel No.: - - (for example: 165.52—4—37) Feb. 3, 2016 UR-3 2. Date acquired by current owner: 3.Zoning District when purchased: Residential UR-3 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? 0 No 7. Is property located within (check all that apply)?: 0 Historic District 0 Architectural Review District 0 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: Construction of a 1,281 SF +/-addition including a one-story plus basement connector between an existing residence and carriage house and an open-sided carport. 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes 12i No 10. Has the work, use or occupancy to which this appeal relates already begun? Yes VI No I. Identify the type of appeal you are requesting (check all that apply): 0 INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) 0 USE VARIANCE (pp. 3-6) 0 AREA VARIANCE(pp. 6-7) Revised 12/2015 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2 FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $ 480 ❑ Use variance $1,000 IZ Area variance -Residential use/property: $ 175 -Non-residential use/property: $ 600 ❑ Extensions: $ 150 INTERPRETATION—PLEASE ANSWER THE FOLLOWING(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? EYes ❑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): I. 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 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". . 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): 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: $ 7)Appraised Value: $ Appraiser: Date: Appraisal Assumptions: Revised 03/2018 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)? C❑No I)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? IYes ❑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 03/2018 ZONING BOARD OF APPEALS APPLICATION 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: 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 03/2018 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): 2.3 (Table 3) The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements From To Max. Principal Building Coverage 30% 55% Min. Side Setback 4 FT 3 FT Min.Total Side Setback 12 FT 4.5 FT Other: Continuation of existing area non-conformities including: 1) lot area 6,500 SF, 2) lot width 50 FT, 3)front setback 2.5 FT,4) rear setback 0 FT. 51 side setback 1.5 FT. The followina existina non-conformities will be extinauished: 1)maximum accessory buildina 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. Lots in this area of the city were created long before the adoption of zoning, and as such do not typically meet many of the contemporary bulk and area requirements. The applicants seek to add a first floor master suite which will afford the opportunity for them to care for elderly family members when the time is appropriate, and for the applicants to remain in this home and live on one level as they themselves age. The project also includes a stairwell addition to replace an existing unsafe basement stairwell that provides egress from the rear of the house. An additional garage bay is proposed to provide indoor storage for one of the applicants'vehicles, and an open sided carport is proposed to protect the applicants'two additional vehicles from damage caused by black walnuts whish fall from mid-bummer through fall and have uaubed uonsiderable damage already. The applivanls have considered removing the black walnut trees, but find that option aesthetically unappealing as it will negatively impact the character of their yard,the alley and the neighborhood. Additionally, the applicants do not own all of the walnut trees that contribute to the problem. The applicants have considered moving to a different home that would provide the necessities this project will afford, but none are available that measure up to the location and character of this home. The applicants have lovingly restored many of the features of this historic home, and they wish to remain here and continue to enjoy and improve it. 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: The neighborhood includes many homes and carriage houses which have been expanded and/or connected to cover as much or more of their lots and within similar distances to the property lines as this project proposes. The applicants' property is actually significantly wider than many in the neighborhood with similar building coverage, and will contain more landscaped area after construction of the project than most have. The adjacent house and garage directly to the south are within one foot of the applicants'side lot line. Continuing to the south within the same UR-3 zone are numerous multi-family buildings, many of which cover the majority of their sites with buildings and parking lots. Many of the homes and carriage houses in the neighborhood which have been expanded similarly to the applicants' proposal have greatly improved the neighborhood. The applicants'rear addition will continue this trend, particularly improving the character of Long Alley. Revised 03/2018 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The variances are not substantial because the applicants' proposal will maintain bulk and area standards that are in harmony with the neighborhood. While the amount of relief requested might be considered substantial in a modern subdivision,the bulk and area standards proposed are actually more in harmony with the character and historical context of this neighborhood than strict compliance with the zoning ordinance would be. 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: The applicants'proposal will have no adverse physical or environmental effects on the neighborhood or district. The relief requested is well within the limits established by other properties in the neighborhood. 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: While the difficulty in conforming with the zoning ordinance was created by the applicant's needs,the relief sought is not excessive for the reasons stated above. Additionally, the two side setback variances requested are solely related to the difficulty associated with vehicle damage caused by falling black walnuts. This difficulty is not at all self-created. Revised 03/2018 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 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 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) attach- q ereto, I/we certify that the information provided within this application and accompanying documentation is,to t►- besof my/our knowledge,true and accurate. I/we further understand that intentionally providing false or misleading informa '•n is gr. nds for immediate denial of this application. Furthermore, I e hereby authori e the members of the Zoning Board of Appeals and designated City staff to enter the property associated w' this appl' ati• f purposes of conducting any necessary site inspections relating to this appeal. /1" Date: 1/24/2019 • • cant sig ature) Date: (a,plicant nature) If applicant is n• r e currently the owner of the property,the current owner must also sign. Owner Signature: 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 0 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