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Home My WebLink About20200419 Leafarc Mixed Use Application The LA GROUP Landscape Architecture&Engineering P.C. No/4..Purpefe.PGaae. 40 Long Alley Saratoga Springs NY 12866 p:518-587-8100 f 518-587-0180 www.thelagroup.corn LETTER OF TRANSMITTAL L toga Springs Planning Office DATE: 7/06/2020 JOB NO.: 2018042 toga Springs Recreation anderbilt Ave ATTENTION: Ms. Susan Barden toga Springs,NY 12866 RE: 63 Spring Street SENDING YOU • Attached ❑ Under separate cover via hand delivered the following items ❑ Shop drawings ❑ Prints • Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ IES DATE NO. DESCRIPTION Zoning Board of Appeals Variance Application Short EAF ZBA Sketch Plan Application Fee Check Site Photos RE TRANSMITTED as checked below: or approval ❑ Approved as submitted ❑ Resubmit copies for approval or your records ❑ Approved as noted ❑ Submit copies for distribution As requested ❑ Return for corrections ❑ Return corrected prints or review and comments ❑ OR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US S: SIGNED: Matt Brobston If enclosures are not as noted,kindly notify us at once. (x CITY OF SARATOGA SPRINGS rl ZONING BOARD OF APPEALS ti s • Gi//-y Ha.(,(. - 474 13 roa-dAn a-y R c.:.V " Scura,to-ga- New-Yo-rki 128 66 '?FOR 91 Tel: 518-587-3550 fww 518-580-9480 INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS 1. 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 $500 ❑ Use variance $1,000 ® Area variance - Residential use/property $200 - CIQon-residential use/property S6�� ❑ Extensions $150 Check City's website (www.saratoga-springs.org) for application meeting dates. Revised 01/2019 ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE 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 \ .\'•'( [FOR OFFICE USE1 CITY OF SARATOGA SPRINGS ❖ A ar ' (Application#) Ci,/-9 Ha-U, - 474 f3ro-a lmpa-y • Sa-ra,fa-ga'S pri.vLgs% H e-w-York/128 66 `'' Te(,: S15-557-3550 j 515-SSD-94 SO (Date received) Fnp.ar�c APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* OWNER(S) (/f not applicant) ATTORNEY/AGENT Leafarc, LLC Anthony Swiatek The LA Group Name 352 Burgoyne Road 40 Long Alley Address Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 Phone 518-581-7000 / / 518-587-8100 uscoinguru@aol.com mbrobston@thelagroup.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: m Owner 0 Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 165.68-1-48, 51, 53 63 Spring Street 165. 68 1 47.1 I. Property Address/Location: Tax Parcel No.: - - (for example: 165.52-4-37) 2. Date acquired by current owner: 3.Zoning District when purchased: Mixed Use T-5 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? 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: Modification of site to separate parcels and uses. No new uses proposed. 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? ❑Yes E No 1 1. 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) IZ AREA VARIANCE (pp. 6-7) Revised 01/2019 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $ 500 ❑ Use variance $1,000 m Area variance -Residential use/property: $ 200 QNon-residential use/property: $ 6QQE > ❑ 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? dyes ❑No 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 OFAPPEALSAPPLICATION FORM PAGE 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 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 OFAPPEALSAPPL/CAT/ON FORM PAGE{ B. Has property been listed for sale with EYes If"yes",for how long? the Multiple Listing Service(MLS)? [ONo 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? ❑Yes ❑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 OFAPPEALSAPPLICATION FORM PAGES 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 OFAPPEALSAPPLICATION FORM PAGE AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): Table 3 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements From To Minimum % build out along frontage 70% 61.6% 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 desire of the applicant is to separate the parcels and eliminate the combined use of the driveway. There is no other way to do to adjust the lot line dividing the parcels and reconfigure the parking onto separate parcels. 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 variance will not create a detriment to the neighborhood character because there is no proposed changes to the building uses or structures on the parcels. The change to the parking off an alley is a use that is common within the city and will not effect the neighborhood character. Revised 01/2019 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The variance is not substantial because the applicant has worked to minimize the request for variance by adjusting the lot line to the just off the existing edge of pavement before the top of the existing retaining wall. 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 request will not have an adverse physical effect on the environment of the neighborhood because the physical adjustments to the site are minor and are typical within this neighborhood. 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 in that the applicant desires to separate the uses onto two different parcels and eliminate the need for a joint driveway entrance off Spring Street. In adjusting the lot line between the parcels the existing build-out percentage for the 63 Spring parcel went from 70%to 61.6%. Revised 01/2019 ZONING BOARD OFAPPEALSAPPL/CAT/ON FORM PAGER 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 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 617.20 Appendix B Short Environmental Assessment Form 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 Name of Action or Project: 63 Spring Street Special Use Permit Modification Project Location(describe,and attach a location map): 63 Spring Street Saratoga Springs Brief Description of Proposed Action: The project proposes to modify the Special Use Permit to consolidate access and parking for the two adjacent parcels.There is no expansion of the uses within the building.The proposed condition will provide 12 parking spaces within the two existing parcels. Name of Applicant or Sponsor: Telephone: 518-581-7000 LeafARC Inc. E-Mail: uscoinguru@aol.com Address: 352 Burgoyne Road City/PO: State: Zip Code: Saratoga Spring 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 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 governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Special Use Permit Modification-Saratoga Springs Planning Board El El Site Plan Modification-Saratoga Springs Planning Board 3.a.Total acreage of the site of the proposed action? 0.459 acres b.Total acreage to be physically disturbed? .089 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.459 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial 0 Residential(suburban) EForest EAgriculture 0 Aquatic 0 Other(specify): ❑Parkland Page 1 of 4 RESET 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑✓ ❑ b.Consistent with the adopted comprehensive plan? ❑ ❑✓ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ ❑✓ 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: ❑✓ ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES ❑✓ ❑ b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ❑✓ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? n n 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: ❑✓ ❑ Existing uses no new connections 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑✓ ❑ Existing uses no new connections 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑✓ ❑ b.Is the proposed action located in an archeological sensitive area? ❑ El 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? ❑✓ ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑✓ ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest 0 Agricultural/grasslands ['Early mid-successional ❑ Wetland m Urban 0 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ❑✓ ❑ 16.Is the project site located in the 100 year flood plain? NO YES IL LI_ 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑✓ Ela.Will storm water discharges flow to adjacent properties? ❑NO EYES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO EYES Page 2 of 4 RESET 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ❑✓ 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: El I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Matthew Brobston-The LA Group Date: 5/19/2020 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ ❑ waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RESET No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. nCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 RESET 63 Spring Street ZBA Photos .40 II 11i , Spring Street property relationship Proposed Property line Existing Property line 41 4:41'1 _.�. r✓!.1111111. ). 12a y; 16, 9Fwr R R 14 .1x x `'" fyy Sj Spring Street frontage build out .4 - 0 , - . ,. �� f a5 s fi �� ,roe L` �E d it � . I11�[BIw11,d: - = Spring Street east property line \ o ' -. ..�--, _ „ Idr 1 ' �. 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