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20190225 Bishop Subdivision Application ENGINEERING AMERICA CO . 76 WASHINGTON ST . SARATOGA SPRINGS , NY 1 2 8 6 6 5 1 8 / 5 8 7 - 1 3 4 0 5 1 8 / 5 8 0 - 9 7 8 3 ( FAX ) TRANSMITTAL SHEET TO: FROM: Zoning Board of Appeals Tonya Yasenchak COMPANY: DATE: City of Saratoga Springs MARCH 11,2019 FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: 1 ZBA Application&$200 application fee PHONE NUMBER: SENDER'S REFERENCE NUMBER: RE: YOUR REFERENCE NUMBER: Bishop:2 lot Subdivision #223 Maple Ave. ❑ URGENT IZ[FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑AS REQUESTED Dear Zoning Board of Appeals, Engineering America Co. respectfully submits the attached ZBA application for review of a area variances related to a proposed (2) lot subdivision at #223 Maple Ave. We respectfully request to be placed on the April 8'agenda for review. We thank you for your time and consideration. Please contact my office with any questions or if additional information is required. Thank you for your time and cooperation. Tonya Yasenchak,PE Enc. JFOR OFFICE USE1 CITY OF SARATOGA SPRINGS • Ail . w (Application#) = C 4-j Ha.(,L - 4 74 r3 14 y`�!`' Sara-foga,S p r .gp, N eA -York/12866 TeL: 518-58 7-3550 flu 51-8-580-67480 f °RPo �\";\'') (Date received) DATEa 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 Todd Bishop&Linda Martelli-Bishop (same) Agent: Engineering America Co. Name 223 Maple Ave. 76 Washington St. Address Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 Phone (518)424-7158 (518) 587 - 134 1 / / todd@tbassociates.com tonyay@nycap.rr.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 223 Maple Ave. 166 29 1 363 I. Property Address/Location: Tax Parcel No.: -(for example: 165.52-4-37) December 2014 UR-2 2. Date acquired by current owner: 3.Zoning District when purchased: Single Family Residence UR-2 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? ) ® No 7. Is property located within(check all that apply)?: 0 Historic District 0 Architectural Review District lZ 500'of a State Park,city boundary,or county/state highway? 8. Brief description of proposed action: Subdivision of existing 18,183 sq.ft. (0.432 acre)lot into(2)residential parcels. Lot#1 includes the existing residence in conformance with zoning requirements having a lot area of 12.400 sq.ft. (0.285 acre) and lot width of 100'. Lot#2 is proposed as a residential lot and requires variances for lot width and area. 9. Is there a written violation for this parcel that is not the subject of this application? ❑Yes No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes IZI 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) 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 $1,000 IZ Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 ❑ Extensions: $ 150 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 UNo 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): . 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 OF APPEALS APPLICATION FORM PAGE 6 AREA VARIANCE W-PLEASE ANSWER THE FOLLOWING(add additional information as necessary): Sec.3:Table 2- Area&Bulk The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements From To Minimum Lot Size: Square Feet 6,600 sq.ft. 6,413 sq.ft. (187 sq.ft.variance=2.8%variance) Minimum Average Lot Width 60.0' 50.0' (10'variance= 16.7%variance) 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 benefit sought by the applicant is to subdivide the existing parcel and create a new residential building lot. There are other feasible means to achieve a parcel that meets the required lot area, however, in an effort to create a lot that is square and consistent with other nearby city lots,the following alternatives are not within best planning practices: a)The proposed new lot#2 may be widened by 1'to add another 130 sq.ft.(+1-)to the lot area. However,that would leave the existing lot at 8.1'from the Southern property line(8' min.required)which may create future repair 1 update limitations. b)The new proposed Lot#2 South property line is parallel to adjacent lots and aligns along the West I rear lot line with the .e.. - ••- r • - ,,,- • • r • • • - . . - •■ - •,, - � • . - . - • ••• -• -rr lot#2 could possibly have a"jog"in the South West back corner of the property to allow for extra square foot area to gain the additional 187 sq.ft. needed for compliance. However,a jag does not fall within standard planning practices to create square city lots. Odd shaped lots often create future maintenance and neighbor issues. c) There are no additional lands available along the Eastern side of the existing house to allow for the new Lot#2 to be widened. 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: Granting the variances should not produce an undesirable change in the character of the neighborhood or detriment to nearby properties: a)The proposed new Lot#2 at 50'width and 6,413 sq.ft. is consistent with lots within the neighborhood. A study was prepared which researched 47 parcels within 350'of the project site(see attached colored map). Three(3 of 47)lots did not meet the min. req. lot width but met the area requirements(6%). Ten (10 of 47)lots met the lot width req. but did not meet the min. lot area requirement(21%). Twenty(27 of 47)lots did not meet either the min.lot width or min. lot area(57%). In total,84%of nearby lots were non-compliant with lot standards. Only 8 lots (16%)within 35O of the project site fully met the UR-2 lot area reqs. b) The building envelope is 30'wide,offering sufficient width and size to allow for a single family residence to be constructed without furthervarlances. 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 variances requested are not substantial: a)Lot Width Variance: A 10'variance for min. lot width is being requested (50'vs.60')which results in a 16.7%variance. -This variance is not substantial as it still allows for a 30'wide building envelope which is sufficient for a standard city lot residential structure including a driveway. met the lot area. 27 of 47 lots did not meet both the min.lot width and area requirements. This results in 30 of 47 lots(63.8%)of nearby lots not meeting the min. lot width area req. in a UR-2 zone. 20 of the 47 lots researched (42.5%)had lot widths at 50'or less. The lot variance being requested is under 20%variance and is consistent with 42.5%of nearby lots. b) Lot Area Variance: A 187 sq.ft.variance for min. lot area is being requested(6,413 sq.ft.vs.6,600 sq.ft)which results in a ,:•. 'I •I 'r r • , ; ..r ;r ..t t ; r t , -A study was prepared which reviewed 47 lots within 350'of the project site. 10 of 47 lots(21%) did not meet the min. lot area req. but met the lot width. 27 of 47 lots reviewed did not meet both the lot area&min.lot width, resulting in a total of 37 of 47 lots (78.7%)of neighborhood lots not meeting the min. lot area requirement. 27 of the 47 lots(57%)have non-conforming lot areas under 6,000 sq.ft. The new lot#2 is proposed to have a lot area of 6,413 sq.ft.which is more than 57%of nearby lots. 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 variances should not have any adverse physical or environmental effects on the the neighborhood or district: a) The lot width or area should not effect good site construction practices. b) Lot development will be consistent with Planning Board requirements for a subdivision which may include street lights,trees and sidewalks which should enhance the neighborhood. e ; r it w v ; . ; r r . -; r -v++r ; i ++r runoff from the site. 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 allegedt difficulty is self-created as it is the Owners'desire to subdivide the property for future development of a smaller home for income and future downsizing. However, research of the nearby lots has proven that 84.3%of properties within this neighborhood are non-compliant with the UR-2 zoning;smaller neighborhood lots and lot widths have existed since the early 1900's. The proposed new lot#2 is more consistent with the actual neighborhood than the UR-2 zoning district standards. 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? m 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 purchasers)/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. fill Date: 3'//"r( f _ . ,g/,' scant signature) natu re P g ) 4( 714.11 I f416, fC� .0 Fa Date: .. 1 1 (a•=licant signature) If applicant is not the currently the owner of the property,the current owner must also sign. Owner Signature: 3I/ gna ure. / Date: 40, „....,1 Owner Signature:di if/ ' 0, )iii , Date:2Na_ Revised 0112019