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20190223 Sanson Residence Application CITY OF S TOGA SPRINGS F ZONING BOARD OF APPEALS Ems. ;♦* _._ � AL a - 474 13 S a,S ■ N York/12.866. al i�ee(�l 4c �•� Ta: 51-8-587-3550 f 518-580-g480 RFORATE ;; 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: -b Completed application pages 1 and 8, the pages relating to the requested relief(p. 2 for inter retation q p 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** 1 Completed SEAR Environmental Assessment Form—short or long form as required by action. http://www.dec.ny.goviclocsipermits_eLoperations_pdfiseafpartone.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 adjacentro erties. p P 3. APPLICATION FEE (NON-REFUNDABLE): Make checks payable.to the "Commissioner of Finance". Fees are cumulative and required for each request below. 0 Interpretation $500 0 Use variance $1,000 Area variance Residential use/property QQ - Non-residential use/property$600 C3 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 Sarato ian legal notices at least 5 days before the hearing. Applicants must pay the SaratgWgian 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 FFOR OFFICE USE1 CITY OF • .. •;` SPRINGS yii@, M1 , ~ 6 - 74 (Application#) So-frv a 5pv+45<, Ne Ar Yo-rk/128 66 Tel: Si-8-587-3550 518 -580--67480 o�A To (Date received) APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANTS)* OWNER(S) (If not applicant) ATTORNEY/AGENT Robert Sanson/Cynthia Wright DavidD1Amore Name 39 York Ave. 112 Spring St. Suite 102 Address Saratoga Springs, NY 12866 Saratoga Springs NY 12866 518-581-9055 518-332-8501 Phone robert@sanson.org david@and-architecture.corn 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: 0 Owner 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 39 York Ave. Saratoga Springs 166 42 1 21 1. Property Address/Location: Tax Parcel No.: (for example: l65 52---4--37) +/-20 years ago 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? 0 Yes(when? For what? ) ® No 7. Is property located within(check all that apply)?: ® Historic District 0 Architectural Review District 0 500'of a State Park,city boundary,or county/state highway? 8. Brief description of proposed action: The owner is proposing the removal of an existing attached garage and enclosed porch structure to construct a two story addition and renovation to the single family residence.The addition will incorporate a new sitting room.storage space.study. and second floor studio space.The existing interior space will be renovated to create and entry, parlor, living room, kitchen and second floor bedrooms&baths. 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes IZ No 10. Has the work, use or occupancy to which this appeal relates already begun? El Yes No I 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) ®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 o Use variance $1,000 21 Area variance -Residential use/property: $ 200 -Non-residential use/property: 600 O 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? MYes flNo 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): 1. 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 01/2019 ZONING BOARD OFAPPEALSAPPLICA TION 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". I. That the applicant cannot realize a reasonable financial return on initial investment for ancurrents ermitted 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 0112019 ZONING BOARD OFAPPEALS APPLICATION FORM PAGE 4 B. Has property been listed for sale with [des If"yes",for how long? the Multiple Listing Service(MLS)? EnNo 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? ElYes ONo If yes,describe frequency and name of publications: 3) Has the property had a"For Sale"sign posted on it? JYes 0 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 5 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❑ /2019 ZONING BOARD OF APPEALSAPPLICA]BION FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): 2.3-Table 3:Area and Bulk The applicant requests relief from the following Zoning Ordinance article(s)Schedule Dimensional Requirements From To Principle Building 30% Lot coverage 41.9% 39.9% Accessory Building 10%Lot Coverage 0% 0% 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: I. 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 lot is located in a dense residential neighborhood with no other adjacent lots available to expand the current site.The lot was created before the adoption of the current zoning, putting it at a disadvantage for meeting the standards. The current site is smaller than the minimum required lot size(4,500 sqft<6,600 sqft)for the UR-3 District.The proposed renovation and addition willre uce the overall lot coverage and-therefore improving the existing non-conforming site. The Owner looked into the possibility of building over the existing structure and not changing the footprint. However,the existing structure presumptively built as a 99- I w. r. • �i■� 9 VIVO • .911-11 w 9w0 j.T. IV '■ r 555 .. # r ! foundation replacement.The Owner also looked at the possibility of building a smaller addition, however,that significantly restricts .` -.• .A• .. �. ■ '!A ! r •l A . .• 11.1. • A a -A l•!! • A," A-A -111. �!A ■A i 2. ^' A *lilt •,r loss of existing bedrooms and kitchen 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: a- 5.- '11* : -'I-' i 'S! ► I R, i. texture of the neighborhood. Several properties adjacent to the project have been recently renovated.The proposed renovation and addition will help to increase value and replace the attached garage from the 1970s with a more appropriate mass and architectural style. The overall gross square footage of the proposed project is within range of existing adjacent and contiguous properties. See attached matrix. 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: The princi al buildin foot riot is comparable to the surroundin context.The addition will reduce the overall lot covers e of the existing structure and better align with the current zoning regulations.The current zoning allows for 30%lot coverage for principal structures and 10%for accessory structures. The existing principal coverage is 41.9%and the proposed is 39.9%. The proposed +R wr rw i .r.w .,-;- r � �w r +r sr r w properties indicates the proposed percentage is within 3 points of the current highest coverage of 36.8%. But the total area of principle building would make it only the 5th largest structure in the neighborhood. See attached matrix. 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 project premise is to increase the overall size of the house with a second floor expansion but will keep the use intensity the same.There will be no increase in impervious surface area with proposed site plan.The change in height caused by the addition will align with existing adjacent properties and have a negligible impact. 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 initial subdivision of the lot was not done by the current Owner.Therefore the establishment of the current non-conformance is not self-created.The Owners have lived in the space as it was built out by the late 1970s and with all the internal inefficiencies that came with it. The Owners desire to make an investment in the property to secure their future of aging in place in the house and respond better to a modern life style and modern market conditions. To the extent that they are committing themselves to w ;r ..=. - -3 w +. ..�.. a... w r • i ■r — • , r •—a it r ;..w- ; -i^ ..w ;-.. even if it is a marginal improvement. So the desire to improve the livability of the property is a self-created difficulty born with the acknowledgment of their responsibility to affect some improvement to the current non-conformance without diminishing the character of the neighborhood. Revised 01/2019 ZONING BOARD OFAPPEALS 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? 2 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. O'" Date: 3 . 7 . i (apt icant 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 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 01/2019 Short Environmental Assessment Form Part I -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 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 I.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: Sanson/Wright Residence Addition&Renovation Project Location(describe,and attach a location map): 39 York Ave,Saratoga Springs NY 12866 Brief Description of Proposed Action: Owner is proposing to remove the existing garage and enclosed porch to construct a two story addition to the single family residence.The addition will incorporate a new sitting room,storage space,study,with a second floor bedroom&studio space.The existing interior space will be renovated to create an entry,palor,living room,kitchen&second floor bedrooms w/bath. Name of Applicant or Sponsor: Telephone: 518-581-9055 Robert Sanson&Cynthia Wright E-Mail: Robert@sanson.org g Address: 39 York Ave. City/PO: State: r Zip Code: Saratoga Springs NY 12866 I. 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 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: 3. a.Total acreage of the site of the proposed action? .1❑acres b.Total acreage to be physically disturbed? .04 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? ,10 acres 4. Chec all land uses that occur on,are adjoining or near the proposed action: 5. Urban El Rural(non-agriculture) El Industrial El Commercial [] Residential(suburban) El Forest ❑ Agriculture ❑ Aquatic El Other(Specify): E Parkland Page 1 of 3 SEAF 2019 5. is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural.landscape? E] 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: El El NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? El c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? 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: 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 El 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 State Register of Historic Places? b.Is theJ ro+ect site,or anyportion of it,located in or to an area designated as sensitive for p adjacent � 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? El b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? El If Yes,identify the wetland or waterbodyand extent ofalterations xt nt l terations ins 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: 0 Shoreline fl Forest El Agricultural/grasslands 0 Early mid-successional DWetland Urban EJ 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? Ell El 16. Is the project site located in the 100-year flood plan? NO YES . Ell 0 17. Will the proposed action create storm water discharge,either frompoint or non-point sources? NO YES p p g 9 p If Yes, E] El r a. Will storm water discharges flow to adjacent properties? E 1 el b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? El ri If Yes,briefly describe: Water collected will be cv acted andit d acted torl: Su ace discharge locationsflow to tl �toth the street or to on sitecollection colla tivn str uctures such rain a r in toi garden limit discharge r e to adjacentproperties. 9 � P 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: El El 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: El n 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: El Ell I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE DavidD. e Applicant/sponsor/name: Date: C jinilivirf Signa Title: . - � �w PRINT FORS Page 3 of 3 r