HomeMy WebLinkAbout20210696 85 Nelson Use Variance Public Comment (4) 8/23/2021 Zimbra
Zimbra aneisha.samuels@saratoga-springs.org
Online Form Submittal: Land Use Board Agenda Public Comment
From : noreply@civicplus.com Sun, Aug 22, 2021 08:21 PM
Subject : Online Form Submittal: Land Use Board Agenda Public
Comment
To : aneisha samuels <aneisha.samuels@saratoga-
springs.org>, lisa shields <lisa.shields@saratoga-
springs.org>, amber upton <amber.upton@saratoga-
springs.org>
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Land Use Board Agenda Public Comment
SUBMIT COMMENTS REGARDING CITY PROJECTS
Thank you for submitting your comments. Your feedback will be forwarded
to the City's Planning Department and Land Use Board members. NOTE:
Comments submitted later than 12:00 noon on the day before the Land Use
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be added to the project file in the Planning Department.
Land Use Board Zoning Board of Appeals
Name Thomas Barkley
Email Address tbarkley@nycap.rr.com
Business Name Field not completed.
Address 93 Nelson Avenue
City Saratoga Spr
State NY
Zip Code 12866
Phone Number 5185849087
Project Name 20210696-85 Nelson Use Variance Application
Project Number Field not completed.
Project Address 85 Nelson Avenue
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8/23/2021 Zimbra
Comments I have concerns about this. It would formalize one of several
years-long abuses of current zoning that have gone unrecog-
nized because no variances have been requested.
First, in describing the current character of the neighborhood,
the applicant lists neighboring properties in writing and on a
map. Properties indicated on that map as 2-family and 3-family
are, to my knowledge, not zoned for such use, but may be op-
erating illegally as such. He says 87 Nelson (his own property)
is a 2-family property, but I am not aware that it was ever given
a variance to operate in that manner, and I suspect that this
has been illegally operating as such for many years. Likewise,
to my knowledge, the owners of 83 Nelson Avenue have never
obtained a variance for what is a property being used as a two-
family residence, and so is likely also in violation of zoning reg-
ulations. (Please do check; I may be incorrect.)
About hardship: There is no hardship here. Word is that this ap-
peal is simply to facilitate a high value sale of the subject prop-
erty and his other property at 87 Nelson. He is already realizing
rental income from the units he rents both during racing season
and throughout the year. Any hardship alleged, was indeed cre-
ated by the applicant. He acquired the property knowing or in a
position to know, the condition for which he is seeking relief. As
someone who has worked in the mortgage business, the appli-
cant was not naive to the details of property transfers and own-
ership. To allege hardship, imply he was misled, and buttress
the validity of his application, he provides city tax bills that state
the subject property is indeed a three family property. What he
is confusing here is the type and value of the structures vs. the
allowed uses of such structures. I could erect a million dollar
barn in my backyard, and I may get taxed on that structure, but
that does not mean I may raise hogs. This is a spurious argu-
ment and not a valid basis on which to appeal.
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