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20190079 SJK Properties Residence Application CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS 'Az cr- G�vhj Ho L J - 474 6 ro-a-oknta-y • j v ` Sara ga' New-Yo-rk/12866 , .` Tel: 518—587-3550 j 518—580-9480 cii?POA 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 $400 ❑ Use variance $1,000 ❑ Area variance - Residential use/property $150 - Non-residential use/property$500 ❑ Extensions $150 SUBMISSION DEADLINE: Check City's website (www.saratoga-springs.org) for application deadlines and meeting dates. Revised 12/2015 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 _//1, (Application#) r_ ' 77C�v�y �la� L 4 74 f3 So-Ta--ga/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 Robert Flansburg Robert L. Flansburg, P.E. Name 6 Meghan Court 6 Meghan Court Address Saratoga Springs, New York 12866 Saratoga Springs, New York 12866 (518)-5681-8079 (518)-581-8079 Phone / / / dreamscapes.1@live.com dreamscapes.1©live.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 78 Mitchell Street 166 70 1 13 . Property Address/Location: Tax Parcel No.: - - (for example: 165.52—4—37) UR-3 2. Date acquired by current owner: 3.Zoning District when purchased: Single Family 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: Applicant proposes to construct a single family residence, a detached dining pavilion, and a pool on the subject property. 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 $ 400 ❑ Use variance $1,000 ❑Area variance -Residential use/property: $ 150 -Non-residential use/property: $ 500 ❑ 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? 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): 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 12/2015 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 12/2015 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 12/2015 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 12/2015 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 Maximum Principal Building Coverage Percentage 30% (3,150 sf) 36.3% (3,807 sf) Maximum Accessory Building Coverage Percentage 10% (1,050 sf) 13.1% (1,372 sf) Accessory Building -Minimum distance to Rear Lot Line 5 feet 3 feet Accessory Building -Minimum distance to Principal Building 5 feet 1 foot Other: 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. The applicant purchased the property to build an estate-type property, close to the Saratoga Thoroughbred Track,for the purpose of entertaining and enjoying all that Saratoga has to offer,while in town for the racing season. The home (above ground)has been designed so as to fall comfortably under the 30% allowable coverage, at 27.3%. The variance for principal coverage is being sought to accommodate an underground bowling alley(9%). This structure will be located completely underground and will have a minimum depth of 12"of earth above for plantings, grass, etc., It will be completely invisible to everyone from the surface. This property is ideally located to suit the owner's needs. To our knowledge, no other adjacent property is for sale. Similarly, the delathed pavilion was dt5igned lo have at.:Ue55 lo Morton Plato (alley)and fall under lht 10%allowable lol coverage, at 9.6%. The owner would ideally like to have a pool,which would add another 3.5% of accessory coverage. 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: This neighborhood is a mixture of commercial spaces, (Fasig-Tipton, King's Tavern), open parking areas for track parking (immediately to the east), and residential properties to the west. A rather tall (3 stories) residential structure existed on the property when purchased,which served as an assisted living home, and had a lengthy handicap ramp, a front porch, and some concrete slabs at grade. As a single family residence,this property will fit well with the residential properties, be an improvement to the neighborhood, and will actually serve as a buffer to the residential neighbors from the track parking areas and East Ave traffic. Granting the requested variance will in no way produce an undesirable change in the character of the neighborhood nor be a detriment in any way to nearby properties. Revised 12/2015 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 requested variance is not as substantial as the numbers may suggest, simply because 9% is located completely below grade. In fact, it is located sufficiently below grade so that we may plant vegetation above it(grass&shrubs)and it can be driven over. The visible portion of the principal residence (under drip edge, including front porch and basement entrance) is only 27.3%. The requested increase in allowable coverage for accessory structures is only 3.1% .which is due to the pool (water)coverage, allowable 40% overall (30% Principal, 10%Accessory). 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 requested variance will have no adverse physical or environmental effects on the neighborhood or district.All drainage will be maintained on site.As a single family residence, it creates no significant environmental effects, and it's typical 2 story residential scale does not hinder any views or create any shadowing beyond that of the prior existing three story structure. 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: As this is to be a newly constructed property, and the requested area variance is due to the applicant's desire for an underground bowling alley and a pool, it is self-created in that regard. However, as mentioned previously,the structure for which the variance is being requested will be located completely below ground and have negligible impacts to the neighborhood. The benefits to the applicant are significant. Revised 12/2015 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) 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. Robert L. Flansburg, Digitally signed by Robert L. 01-28-29 Flansburg,P.E. P.E. Date:2019.01.28 15:51:35-05'00' 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 12/2015 ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING 166 70 1 13 APPLICANT: TAX PARCEL NO.: - - 78 Mitchell Street UR-3 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: IZ Area Variance seeking the following relief: Dimensional Requirements From To Maximum Principal Building Coverage Percentage 30% (3,150 sf) 36.3% (3,807 sf) Maximum Accessory Building Coverage Percentage 10% (1,050 sf) 13.1% (1,372 sf) Accessory Building -Minimum Distance to Rear Lot Line 5 feet 3 feet Accessory Building -Minimum Distance to Principal Building 5 feet 1 foot Other: Note: ❑Advisory Opinion required from Saratoga County Planning Board ZONING AND BUILDING INSPECTOR DATE Revised 12/2015