Loading...
HomeMy WebLinkAbout20210640 Geico Interpretation Application (2) t'or,I CITY OF SARATOGA SPRINGS ; ZONING BOARD OF APPEALS j .;. ti r HaU. - 474 6repactwtty Sa-raitay.,SYS riktgs,, N e.w-York/I-2866 Te L:j� ' .L: J�1-8-587-'FJ SJrO f L,'4tiD ay./ 518-580-R480 INSTRUCTIONS APPEAL TO THE ZONING INTERPRETATION, USE VARIANCE,AREA VARIANCE FOR AN E AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS I. ELIGIBiLITY:To apply for relief from the City's Zoning Ordinance, an applicant must be thero e rty 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 oriinaj and j disrita!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. h ttp://www.d ec.ny.gov/docs/permits_ej_operati ons_pdf/seafparton e.pdf D 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. APPLICATi 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 Non-residential use/property$600 ❑ Extensions $150 Check City's website (www.saratoQa-springs or )for application meeting dates. Revised 01/2019 • ZONING BOARD APPEAL A PPL/CATION INSTRUCTIONS PAGE 2 PUBLIC HEARING ADVERTISEMENT The Zoning Board of Appeals is required to hold a public hearing on each submitted application within ninety(90) days from when it is determined to be properly complete by City staff, City staff will prepare a legal notice for the public hearing and arrange to have the public hearing announcement printed in The Sarato Ian legal notices at least S days before the hearing. Applicants must pay The Saratogan for the legal ad and present proof of payment to the ZBA prior to the public hearing. If proof of payment is not presented prior to the hearing, the hearing will be cancelled. PROPERTY OWNER NOTIFICATION Applicants are required to mail a copy of the public hearing legal notice to all property owners within the following distances from the boundaries of the land in question: ape of variance Distance for ro ert owner notification Use variance 250 feet Area variance& Interpretation I00 feet This notice must be sent at least 7 days but not more than 20 days before the date of the public hearing. City staff will email a copy of the"property owner notification letter"to the applicant.The applicant must then send the notification letter to the nearby property owners.Applicants may not include any other materials in this mailing. The mailing must be certified by the U.S. Post Office. Prior to the public hearing,applicants must present the Post Office "certificates of mailing" to the ZBA. If"certificates of mailing" are not presented prior to the hearing, the hearing will be cancelled. Revised 01(2019 CITY (r2Ro i cEu�r�l i r i OF SARATOGA SPRINGS ' --111 HaLL( -fr S S474 f3ro-p p(wp y (Application#) t "`riS,; iba9y, Ne-w-York.2z 8 b G �1, Tet: 51$-587-355D •�•''o-,r.St[; t 518-580-9480 APPLICATION FOR: (Date received) EAL TO THE ZONING OARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCCE AND/OR VARIANCE EXTENSION APP-" CANT(S�i' OWNERS I1not a..licant GETGO Insurance Agency, LLC ATTONEYgGENT Name Algonquin Building,LLC P.O.Box 3336 Tobin and Dem•f LI Address 30 Guck Road 515 Broadway Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 Albany, NY 12207 Phone I 518-463-1177 / Email rcdempf@tdlaws.cor *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: ❑Owner ® Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 506 Broadway, Saratoga Springs, NY I. Property Address/Location: 12866 165 52 4 1 Tax Parcel No.: (for example: 165.52-4—37) 2. Date acquired by current owner: 3.Zoning District when purchased: GEICO Insurance of----- --- 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)?: Z Historic District Z Architectural Review District 0 500'of a State Park,city boundary,or county/state highway? 8. Brief description of proposed action: Dismissal/Interpretation of Notice of Violation-See Answer seeking Appeal and Request for Hearing(Exhibit"A") 9. Is there a written violation for this parcel that is not the subject of this application? 0 Yes l'd No 10, Has the work, use or occupancy to which this appeal relates already begun? 0 Yes No I I. Identify the type of appeal you are requesting(check all that apply 21 INTERPRETATION(p. 2) 0 VARIANCE EXTENSION(p. 2) 0 USE VARIANCE(pp.3-6) 0 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 re uest below 9 ® Interpretation $ 500 ❑ Use variance $1,000 ❑Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 ❑ 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: Chapter 240 Sections 6.1.1;6.1..3,et seq. Section(s) 2. How do you request that this section be interpreted? See attached statement.As a matter of fact,even assuming City Interpretation of language there is no violation and evidence will be -further submi - interior signs within the rental space whether illuminated orenjated d,w etherpaced(1)on the interior.walls or(2)whether .laced on the window interior of the leased .remises and 3 is not sub"ect on each instance for submission to the Historic District or Architectural Review District;(4)An area variance is not necessary for interpretation sought, but if such variance is required that an extension be granted for filing.Applicant further reserves the right to amend and/or supplement the foregoing request for m -.rnre a Inn. 3. If interpretation is denied,do you wish to request alternative zoning relief? ( Yes ❑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): N/A 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? N/A 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: N/A Revised 01/2019 ZONING BOARD OF APPEALS APPLICATION FORK/ ... ....._... ., PAGE 3 USE VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): A use variance is requested to permit the following: N/A For the Zoning Board to grant a request for a use variance, an applicant must prove that the zoning regulations create an unnecessary har. ds'. 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 OFAPPEALS APPLICATION FORM PAGE 4 B. Has property been listed for sale with the Multiple Listing Service(MLS)? �oss If yes",for how long? 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 ONo If yes,describe frequency and name of publications: 3) Has the property had a"For Sale"sign posted on it? GYes 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 hardshi relatin to this ro ert is uni ue 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 BOARS OF APPEALS APPL,C4 T/ON FORM PAGE 5 3. That the variance, if granted, will not alter the essential character of the nei hborhood. Changes that will alter the character 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: of a 4. That the alleged hardshihas not been self-created. 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--crated for the following reasons: Revised 01/2019 ZONING BOARD OFAPPEALSAPPL/GAT/ON 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 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. 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: Revised 01/2019 ZONING BOARD OFAPPEALS APPLICATION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: 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: 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: Revised 01/2019 ZONING BOARD OF APPEALS APPLICATION 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? ®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 membe . • the Zoning Board of Appeals and designated City staff to enter the property associated wit. his applicatio purpo - of conducting any necessary site inspections relating to this appeal. " (app' •R 'signature) Date: !r ' (applicant signature) Date; 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 GEICO, Saratoga C/o GETGO Insurance Agency, LLC 506 Broadway Saratoga Springs,New York 12866 City of Saratoga Springs May 4, 2021 Code Enforcement Coordinator City of Saratoga Springs 474 Broadway, Second Floor Saratoga Springs, New York 12866 Re: Appeal and Request for Hearing: Notice of Violation and Order to Remedy Name of Person/ Entity: GEICO Saratoga Registered Agent: William Schrade Location of Violation 506 Broadway, Saratoga Springs, New York 12866 Location of Person/Entity: 506 Broadway, Saratoga Springs, New York 12866 Date of Observation: April 27, 2021 Tax Parcel Number: 165.52-4-1 (Copy of the Notice Violation and Order to Remedy is attached) That Respondents, GEICO Saratoga, William Schrade, alleged registered agent, by its attorneys, Tobin and Dempf, LLP, for an Answer to the purported violations respectfully allege: FIRST: Denies each and every alleged set forth in the alleged violations "1", "2", and "3" of the alleged Notice of Violation and Order to Remedy dated April 27, 2021. SECOND: That William Schrade, the alleged registered agent of GEICO Saratoga ("Respondent") is not a proper party to these proceedings. THIRD: The purported code claimed by the City of Saratoga is void or otherwise unenforceable because such alleged violations are vague, ambiguous, unclear and/or otherwise not applicable as a matter of fact and law. FOURTH: The Notice of Violation fails to comply with the administrative mandates of the Saratoga Springs City Codes and is otherwise not applicable to the alleged business located at 506 Broadway, Saratoga Springs, New York. FIFTH: The factual inaccuracy of the signage charges of alleged city codes is erroneous as a matter of fact and law, g g gnage noncompliance with the ec t1 fy IT SIXTH: That the signed violation by Code Administrator, Department of Public Safet Jack Donnelly is not properly verified under penalties of perjury. y SEVENTH: That the alleged inspection date and time on April 27, 2021 between 9:20 and 9:24 is factually inaccurate, false, improper and not supported, by the evidence. EIGHTH: That, Respondent reserves the right to supplement and amend this appeal and right for hearing. WHEREFORE, the alleged violator(Respondent) respectfully requests that an approved and request for hearing be conditioned and heard, and that the alleged violations be dismissed in their entirety, together with reasonable attorney fees, costs and disbursements and for such other and further relief as may be just, proper and equitable. R. C ristopher Dec ipf TOBIN AND DE ` •E, l�P Attorneys for Respondent/Appellant 515 Broadway Albany, New York 12207 (ph) 518-463-1177 (email) rcdennuf�r�?fdlaws corn VERIFICATION William Schrade being duly sworn, deposes and says he is a member of GETGO LLC, the foregoing and know the contents thereof; that the same is true to the knowledgeen has re ad of de as to those matters therein stated to be alleged upon information and belief, andponents except to those matters they believe it to be true. 1; -- William Schrade, Member of OETGO Insurance Agency, LLC Alleged Agent for GEICO Saratoga Springs, New York 12866 Sworn to before me this ✓�' day of May,2021. Not:ry Public R Christopher Dempf Notary Public State of New York Qualified In Albany County Reg.#010E4763748,3 el aI Commission Exp.March 26, City ©f Saratoga Springs hit NOTICE OF VIOLATION I31 LllING IJ I'A 2"i`MLN"1" ORDER TO REMEDY Patrick Cogan,Asst, Bldg/M ector ODE. L N ENr RCl~1vIENT p John Donnelly,Code Administrator IRE DEPART f Duane Miller,Asst. Bldg inspector Bldg P Julian Fonseca,Code E�p/orcement Technician Aaron rolls Asst Chief Jeanne Fri ler,Asst. Ag,rr. pectorsy,ettur John Barney, Asst. BldgPeter Frolish, Lt, c Const inspector Jason Yourdon, Lt. Name of Person/Entity: GEICO Saratoga Registered Agent; William Schrade Location of Violation; 506 Broadway, Saratoga Springs, New York 12866 Location ofPerson/Entity: 506 Broadway, Saratoga Springs,New York 12866 Date of Observation: 4/27/2021 Tax Parcel Number: 165,52-4.1 Please note the following violations(s) of either: Title 19 of the New York State Code Rules and Regulations; Executive Law§ 382; 2017 NYS Code Supplement; the Multiple Residence Law; and/or the Saratoga Springs City Code exist as outlined below: 1, IN VIOLATION OF: Saratoga Springs City Code CODE: City of Saratoga Springs Zoning Ordinance CHAPTER: 240 SECTION: 6.1.1 INTENT The Intent of this article Is to promote and protect the public health, welfare and safety by regulating outdoor advertising and signs of all types.All signs shall be erected and constructed so as not to obstruct traffic,cause visual blight, nor detract from the value of adjacent properties. DESCRIPTION OF THE VIOLATION: The tenant of 506 Broadway,Will Schrade, has installed two illuminated "GEICO" signs that cause a visual blight to the area. TO MEET COMPLIANCE. The tenant of 506 Broadway, Will Sch rade, must discontinue the use of these illuminated signs immediately. 2. IN VIOLATION OF: Saratoga Springs City Code CODE: City of Saratoga Springs Zoning Ordinance CHAPTER: 240 SECTION: 6.1.3 GENERAL REGULATIONS The following regulations shall apply to all signs: A. Placement Dated: April 27, 202 i o(lin T. Donnelly rli, C de Administrator Department of Public Safety, City of Saratoga springs 474 Broadway, SeQQnd Floor Saratoga Springs, New York 12866 Phone: (S18) 587-3550 Ext.2632 Fax: (518) 587-328.2 Email: jam,donnelly@saratoga-springs.org •''',;„, :' -,,,,,, ,‘, t,,J, -.4 •, ',•,.".,','", ii: -,:.,2 717-174;,,;17„77,4 - vi ',-,,..,:,17.. ' ..,,....-:..; 'I:1 is' :°:?:.,.., 4ift',f,*' ', ,T'ig`i'-4.:'' Tn',.,s, .,1` ' •.'t'-':.t"'''., ','''': ":‘,•-,i'''',',::4;;.;i:,;',":'' ,, ,,,,t1'''', '',$'4.1"-Ti'.:..,"", "-',1•2;1`, 4' I. t,1273.4.%,..' i'. '7;11 ''''li'l.4116':*f.41 I'''!'''',-'''' '',"•'''1.1.4411,`, i'':`‘11:T,"'T;' ' Iii;1744raAV.,it 1 C';.-Z-r-4,„?zplt• ,,,, - j 'iikt-'1' A k !: M '`'.7.8:3,51'4 if.i.4., , .,,,,..., , ,,i. :. . , i,„..„7.,-.11,„,,,.,.;,...., ,s f,, r ,i.., -1. ,• t, 1 •pt, },7-XS1 .,N'S'14,-.A ,/' ' / -4...N1'..:61,'..1..t, '''''t : ..,,,..;;:i.l'".S'- ---1, "i0,0'...."...f`-;''..%•zi.,,-, -, ''''. ',' "`••• ii,'',4:- '''''' ''',,,.."'..*40;''' t '1,',4,1t4PP',:rt, ,,.! -4,,,s.„. ,.....,7 t, '. , 47: ., ',.'„,a' 4, ' ''''`'.;'''',.,•I 74..,,' ' '4'.•,s',„,,.!,,.- 7, , •••41,,,,:r/i• P,,, '7q., •,.. ''''. ' „,- ‘, ,,..,41.',,,,, tfj•,".:,' ,7 .,••;„..... , et' ' ', ',,'1,,,,,'"•,,"i ,t, ill „i,' ,cr -,?;::,.•_`- , ; ..;,, ',7,,,,, ,, ' ,'"'., :...!.._.1.... z.:41.1ti—. ,, ',„ , ,.%,,,,..„..i:,.. ..•,.. , ..i.,,„;, ft ,.. pen on t;rt Pate 1 TiTIO„, .,ilci,,pt ,/,x417.1i3: -,'ategpiy: ,. .• '..‘' '. * .• I Votes: No Additional the recorded ., Total Additional Time: 0 minutes Inspection Time: 4 minutes Total Time: 4 minutes S7---:,,,i4; It' .1k1"nt-*., IiR''.7:':Laka m.':. '', 4,, ze:,1° *.,.f.,i,,,,,,,,o,v,q,,,,.. ,-:1.-.1: ,,x,,it,- , , ,s., „.4.,..... .p. 11..,. .,, iii: „0,..,,,•5,. ,,,,„j.,,,i,40,,,,,„ , ,,,.., , Overall Result: Not in Compliance-Failed inspector Notes: j ,..fi- ,-4. ,, . ,,,'..',. - ''.,, ;,,.'',..,',"`"JZ,i ‘''' ". WI:At",C!' e',1:71t4 fc-',,i;t,,,, -.;-'4..• :•Zi:<,..f.,,.;-i-Z , .1,*.,,tt..! , : .,.2- ,,..0 -- . Name: Donnelly, Jack , Email(s):john.donnelly@saratoga-spnngs.org Si,n ft K . ........................____........2.............................z..........._ 1 I A Date i via ... " • „W- ir,.Ot,kA,--7:t-;q', ' ,'. ''" , • ti' ,4"1,,. % ,1' :;;:',"1/4 Data Signature .' - Ptroe'Z of 3 Prii4,',4i'on 0427/24 a t'0912504 =, t r Nar Llnent `':‘,45E JD' Occupancy: 1 z `�' ; GEICO (formerly Saratoga T, Occupancy ID: 03•HQO08 . I Saddlery) , , c1,. .\s'.1 Address; so ,} 85; 6 Broadway Building ,, 4. .,� 9#Algonquin Bldg. � � est. , Saratoga Springs NY 12866 ca,`at Inspection Type: Complaint Based Inspection �� `���'' Inspection Date: 4/27/2021 Form:2015 Cade By: Donnelly Jack(2468) City Co Inspection Time In: 09:20 Time Out: 09:24 Enforcementom Authorized Date: 04/27/2029 By: Donnelly, Jack(2468) F2015 Codes of the City of Saratoga ga S pnn s Enforcement - 9 Form I i in 6�( Dther; fig,. *. s 4nY condInon not mentionod In this�ectlon Status: FAIL Prinied,on 04/2712 i;at 09f251,04°.;' Pape,1-of 3