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20190076 Crisafulli Residence Application EDWARD M. SOSSNER, ESQ. Loudon Square 399 Albany Shaker Road, Suite 200 Loudonville, NY 12211 (518) 463-3600 (518) 463-6223 fax January 28, 2019 City of Saratoga Springs Zoning Board of Appeals RE: Crisafulli Addition 94 North Street, Saratoga Springs, NY Dear Zoning Board of Appeals members: I respectfully submit on behalf of my client, Laura A. Crisafulli, the attached application for the needed variances needed for her proposed renovation/addition of her home located at 94 North Street, Saratoga Springs, NY. The proposed renovation & addition to the existing house includes the removal and reduction overall of existing non-conforming structures. The proposed project will require relief/variance from the side yard setbacks, the rear yard setback (although the proposed project is actually in greater conformity with the rear setback requirement), the minimum lot requirement (only in that the lot as it exists unchanged as proposed is undersized) and lastly the maximum building coverage. This submittal includes the following: - (1) original Application: including plot plan prepared by Olsen Associates, Architects, P.C. (showing existing and proposed conditions) &photos - (1) application fee of$150.00 We would appreciate it if this application could be put on your next agenda for action. Please contact my offices with any questions or request for additional information is required. Respectfully Submitted, Edward M. Sossner, Esq. Cc:\ Laura A. Crisafulli George Olsen, Olsen Associates,Architects, P.C. CITY OF SARATOGA SPRINGS c-j?' ZONING BOARD OF APPEALS Ha,1,1/ - 474 13ro-a r vrV . Sam a S Ne w_Yo-Yk/I-2866 'c, ` 51 8-587-3550 fay. Si-8-580-9480 ORATED 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. htt p://www.d ec.ny.gov/docs/permits_e j_o pe rat i o n s_pd f/seaf parto n e.pd f ❑ 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 $500 ❑ Use variance $1,000 ❑ Area variance - Residential use/property $200 - Non-residential use/property$600 ❑ Extensions $150 Check City's website (www.saratoga-springs.org) for application meeting dates. Revised 01/2019 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 01/2019 v,itsj 0G4 [FOR OFFICE USE] CITY OF SARATOGA SPRINGS is Mil .. I", (Application#) - . C-vtij I-lo ' - 474 6 7:) `: „ * So-Tato-go-S wLgy, Ne'w-York/1-2866 , Te.C.: 51-8-587-3550 fav 51-8-580-q480 (Date received) AT ED APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION AP P LI CANTS)* OWNER(S) (If not applicant) ATTORNEY/AGENT Laura A. Crisafulli Edward M. Sossner, Attorney at Law Name 94 North Street 399 Albany Shaker Road-STE 200 Address Saratoga Springs, NY 12866 Loudonville, NY 12211 5185889100 5184633600 Phone / / / laura.crisa@gmail.com esossner@sossnerlaw.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: LZ Owner 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 94 North Street, Saratoga Springs, NY 166 .45 2 25 . Property Address/Location: Tax Parcel No.: - - (for example: /65.52—4—37) 11/14/2014 UR-3 2. Date acquired by current owner: 3.Zoning District when purchased: single family residence 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? ) IZ 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: Removal of a portion of the existing nonconforming structure to the rear and a section of the side, expansion of the non- conforming structure to the side but consistent with the exiting framed house and the construction of a second story residential use above. 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes Ri No 0. Has the work, use or occupancy to which this appeal relates already begun? Yes VI No . 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) LZ AREA VARIANCE(pp.6-7) Revised 01/2019 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 $ 500 ❑ Use variance $I,000 LZ Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 ❑ Extensions: $ I50 INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): . 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 OFA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): . 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 01/2019 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 01/2019 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 01/2019 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 01/2019 ZONING BOARD OF APPEALS APPLICATION 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) Dimensional Requirements From To Minimum Side Yard Setback: (4') 0.67' 1.06' Minimum Side Yard Setback: (8') 3.68' 3.38' (reduction) Minimum Rear Yard Setback: (25') 11.30' 18.43' Minimum Lot Requirement(6600sq.ft.) 4599.93 sf 4599.93 sf Coverage 30.75% 42.98% Other: See description of exiting conditions, identification of existing permitted non-conforming areas proposed to be removed and final plot plan identifying Proposed plan with identification of all non-conforming areas(existing and proposed). 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. 1.)The pre-exisiting and non-conforming lot and structure are located on a narrow 50' lot(existing lot requirements are 60'). This lot size, along with the dimensions of the existing structure make design in both size and configuration challenging. No land is available for purchase. 2.) Existing conditions as shown on the plan provided show existing non-conforming areas being removed as a part of the project Mild] results irr a overall reduuliurr irr riurr-uurrfurrnirry use as uuuiplele. 3.) With the removal of the existing non-conforming space to the rear and addition of new substantially conforming space to the front better use of the first floor space is allowed and further allows for the proposed second story structure and increased floor area with a total reduction in overall relief needed by variance. 4.) Utilizing the front yard as a part of the expansion area (with the need of only 0.30'expansion from existing conditions) is preferable as it would impact the rear yard where at present, a reduction in non-conforming use is proposed and allows for the retention of an already limited rear yard for use by the occupant. 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: 1.)The project includes removal of the non-compliant portion of the structure to the rear yard. 2.) The proposed changes to the foot print substantially aligns with the existing walls of the existing house, being architecturally consistent with the style of the house, for a better architectural aesthetic. 3.) The addition of a second story is consistent with aesthetic found in the neighborhood. 4.) Reducing and minimizing the depth of the structure to the rear allows for preservation of the rear yard which is important to the neighborhood. Revised 01/2019 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: 1.)The project requires a variance on the 8'side with an increase to the side lot line of 0.30 feet as extended from the existing permitted non-conforming structure. This dimension is not substantial given the existing conditions. 2.)The 6'variance requested to the rear is non substantial as it is actually a reduction from existing conditions by removal of a large portion of the existing structure which present goes 7.10'closer to the boundary. 3.) The projects increased coverage of the lot is consistent with other 50'width lots in the neighborhood and results in an preferred use of the front yard. 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: 1.) The overall non-conforming use of the lot will be reduced. 2.) The rear lot separation from the lot line and neighboring structure will be increased. 3.) The proposed addition to the side will be substantially in line with the existing structure. 4.) The size and location of the addition will limit and/or reduce ground disturbance to the rear yard area, preserving more green space. 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 alleged difficulty is self created on in the manner that the new owner desires an addition/improvement to the existing home. The existing non-conforming structure in its present location is not self created. Revised 01/2019 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? IZI 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)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) 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: Date: Revised 01/2019 ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING Laura A. Crisafulli 166 .45 2 25 APPLICANT: TAX PARCEL NO.: - - 94 North Street, Saratoga Springs, NY UR-3 PROPERTY ADDRESS: 12866 ZONING DISTRICT: This applicant has applied to use the identified property within the City of Saratoga Springs for the following: Single family residence This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s) Sec 2-Table 3: Area&Bulk Schedule .As such,the following relief would be required to proceed: ❑ Extension of existing variance 0 Interpretation ❑ Use Variance to permit the following: LZ Area Variance seeking the following relief: Dimensional Requirements From To Minimum Side Yard Setback(4') 0.67' 1.06' Minimum Side Yard Setback(8') 3.68' 3.38' Minimum Rear Yard Setback(25') 11.30' 18.43' Minimum Lot Requirement(6000sq.ft) 4599.93 sq.ft 4599.93 sq ft Maximum Building Coverage(30%) 30.75% 42.98% Other: Note: ❑Advisory Opinion required from Saratoga County Planning Board ZONING AND BUILDING INSPECTOR DATE Revised 01/2019 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 Crisafulli Residence, Laura A. Crisafulli, Owner Name of Action or Project: Request for Variances needed for Crisafulli Residence Addition Project Location(describe,and attach a location map): 94 North Street, Saratoga Springs, NY-See attached GIS Map for location Brief Description of Proposed Action: Removal of rear room of existing structure and the addition of expanded first floor structure to support a propose second story, This Name of Applicant or Sponsor: Telephone: 518-588-9100 Laura A. Crisafulli E-Mail: laura.crisa@gmail.com Address: 94 North Street City/PO: State: Zip Code: Saratoga Springs NY 12866 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 environmental resources that Z El may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval: Z 0 3. a. Total acreage of the site of the proposed action? 0.105 acres b.Total acreage to be physically disturbed? 0.004 acres c. Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.105 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5. ❑Urban E Rural(non-agriculture) LI Industrial fl Commercial E Residential (suburban) E Forest ❑ Agriculture ❑ Aquatic 0 Other(Specify): Residential (urban) LI Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? D D El b. Consistent with the adopted comprehensive plan? 0 0 0 NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? D 0 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Z 0 NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? D El b. Are public transportation services available at or near the site of the proposed action? D El c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? El 9. 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: O 0 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: O 0 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: O 0 12. a.Does the project site contain, or is it substantially contiguous to,a building, archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the 0 El State Register of Historic Places? D El b. Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? Z 11 b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? D 0 If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Page 2 of 3 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline fl Forest El Agricultural/grasslands El Early mid-successional ❑Wetland ❑ Urban LJ Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? 0 0 16. Is the project site located in the 100-year flood plan? NO YES Z 0 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, D 0 a. Will storm water discharges flow to adjacent properties? 0 0 b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? n ri If Yes,briefly describe: 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon, dam)? If Yes,explain the purpose and size of the impoundment: 0 0 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: D El 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes,describe: 0 El I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Laura A. Crisafulli Date: Signature: Title:Owner PRINT FORM Page 3 of 3