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20190246 Lake Local Application , : '',, ,': ,,,,‘ :dr, Ak-'''' ':4' ' '' : :: .:," '4 ar -: --,' :,,,; wr y `S , [FOR OFFICE USEI ., CITY OF SARATOGA SPRINGS --;;,'11; (Application#)""` ir '- �j HapIL 474 8r- E �ga,S/ Js Nem,- ar 12 866• r :;1=iiyi' 4' • } ,H.,.... ... Ari T'Q.L; 52-8-58 SSC] S -g--SSD-q�S� B i ATEAi APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN414 ', INF •� St ION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE E NSIC3IV 8 ., , , APPLICANTS OWNER(S)(If not a ' pplicant) ATTO RN E. .a 550 Union LLC.,John Haynes ..- ThName e LAGrriiin, mi. ,:,--,-..:,,,,1, a 142 Grand Ave Address 40 Long Alley Saratoga Springs, NY 12866 Saratoga Springs,NY 12866 587-7210 x26 5$�,_ Phone / / 81 00 I Ema' jhaynes@phinneydesign.com mbrob II stop a©7thelagroup.com *An applicant must be the property owner, lessee,or one with an option to lease or P purchase the property in question. Applicant's interest in the premises: ®Owner 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 550 Union Avenue 180 4 6 180-4-7 I. Property Address/Location: Tax Parcel No.: - 180-4-8 80-48 (for example:165.5,E--4—37) 2. Date acquired by current owner: WRB 3,Zoning District when purchased: Mixed Resturant,Marina WRB 4. Present use of property: 5.Current ZoningDistrict: trict. 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)?: 0 Historic District ®Architectural Review District 21 500'of a State Park,city boundary,or county/state highway? Y 8. Brief description of proposed action: This project relates to the approved site plan parking spaces within the setbacks from �per the sits plan approval an application for variance is required if the a ROW which ownership is in question. q ownership has not been finalized within 00 days of the signing of the site plan mylars.The plans were signed 12/20/2018. 9. Is there a written violation for this parcel that is not the subject of ' application? I his 0 Yes rid No 10. Has the work, use or occupancy to which this appeal relates alreadybegun?g Yes 0 No I I. Identify the type of appeal you are requesting(check all that apply): 0 INTERPRETATION(p.2) 0 VARIANCE EXTENSION(p.2) 21 USE VARIANCE . �Pp 3-6) 21 AREA VARIANCE(pp.6-7) , k Revised 12/2015 3 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): 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? JYes DNo 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): I. 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 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: T 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 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 Eh'es If"yes",for how long? the Multiple Listing Service(MLS)? EIJNo 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? DYes 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 12/2015 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: T 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 1 2/201 5 ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): Table 3 section 2.0 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements From To Side yard setback-parking space 23-36 15` 0' Side yard setback-parking space 38-54 15' 5.8' 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 parking spaces are located in the setbacks due to the disputed ownership of the ROW that bisects the project parcel.An alternative has been approved by the planning board if a variance is not successful.The approved plan allows for the parking spaces requesting the area variances to be constructed as pervious and seasonal per the site plan approval from December 18, 2018. 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 parking located within the setbacks from the ROW are internal to the project site which already appears to part of the parking lot.The nearby parcels to to the south along the ROW will see no difference if these spaces are granted a variance or not as these spaces will be constructed. Revised 12/2015 ZONING BOARD OFAPPEALS APPIJCA TION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The variances requested would be considered substantial in that it is for a relief of 100%.The ownership of this ROW is in question and if resolved as to be in the ownership of the applicant then no variance would be needed.The variances are being requested based on a time frame set up by the planning board approval notes from the December 18,2018 meeting. 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 setback variances for the parking spaces are within areas previously cleared and are within the existing parking area and would not be disturbing any land previously undisturbed. 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 setback variances are self created but were not known until the ownership of the ROW was called to question.the applicant owns both parcels on the side of the ROW that are affected by the parking variances if the ROW ownership was not an issue the project would not need any variances. 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 /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 ith th's application for purposes of conducting any necessary site inspections relating to this appeal. �,.� �of �.. Date: Yr (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