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HomeMy WebLinkAbout20190069 Artisnal Brew Works Appeal Letter 3-22-19 MEYER, FULLER &- STOCKWELL LAKE GEORGE RLLO ATTORNEYS AT LAW TITLE AGENCY March 21, 2019 City of Saratoga Springs, Zoning Board of Appeals City Hall 474 Broadway Saratoga Springs, NY 12866 Re: Appeal by Quinn Borchardt Brewing, LLC d/b/a Artisanal Brew Works Property at 41 Geyser Road, Saratoga Springs, NY Dear City of Saratoga Springs Zoning Board of Appeals: I am writing in follow up to the appeal for the above. Enclosed herewith please find documents provided by the City of Saratoga Springs responsive to FOIL requests filed by this office, and which supplement the prior record I have filed on the matter. The FOIL response bolsters the applicant's appeal. - See Supplement, page 12: Zun Dra )or n.ba rneycsa ratoga-sp rIn g s.org Re:Artisanal Brew Works From:John Barney<johrr. me saraa-springs.ertg Wed,Sep 27,2017 C4:39 PM Subject:Re:Artisanal Brew Works To;Carrie Spencer<r an-ie.spencer saratoga-springs.org> Carrie, The Building Dept has no issues at this time regarding the Eating and Drinking License for Artisana]Brew Works(41 Geyser Rd), Sincerely, John Barney Zoning and bulidfrig Technician 1557 STATE RT. 9, LAKE G E 0 RG Er NY 12845 Phone: 518-668-219 9 www, & er fu/I rcorri Page 12 - Supplement, page 22 which is the Building Permit dated 12/12/2016: Total Value ofWork:1000 Total Square Feet 3383 Application Date:11/1712016 Permit issued By:SS Permit F`ae:1020.75 Scope of Work: F-2 OCCUPANCY WITH A-2 ACCESSORY`USE Comments/Conditions: TENANT SPACE INCLUDING BREWERY,TASTI G R I+(BAR),LAB,OFFICE AND COLDROOM. • yo./ ZoniV&Building Inspector The City of Saratoga Springs has been fully aware of, and permitted, the uses that the Building Department now seeks to curtail, namely: "The tasting room does not have approval under City Zoning....as an eating and drinking establishment."; "...no food preparation or sale of prepared food for consumption on the premises is permitted."; "...Retail is not a permitted use in the IND- G zoning district, nor is an Eating and Drinking Establishment."; and"No outdoor activity such as food vending, recreational activities, or special events associated with the brewery are permitted on the property". All of these activities had been permitted, licensed, and allowed by the City. However, under some "new" review, the City not only changed its stance, but the Building Department also reduced the allowed occupant capacity within the facility. We believe that this is part of a direct and coordinated act to bring about the closure of my clients' business at this facility. My clients are hundreds of thousands of dollars into their investment in this business, which has become a recognized craft brewery in New York State. Their styles of beers have won awards at craft beer judging contests, and their value as a brand has increased every year since they opened. If they cannot sustain the business at this location through all of the activities that they were previously authorized to do, and again, which were permitted and licensed, they will suffer hundreds of thousands of dollars in damages. Lastly, one need not read far between the lines in the documents to understand where the recent change of stance by the City of Saratoga Springs originated. My clients do not pretend to be ignorant of the fact that they are bordered by some highly influential people in Saratoga Springs. Indeed, in this appeal, they fully expect to feel the weight of that opposition to their business. One need look no further than page 65 of the Supplement. However, the City permitted this business in close proximity to SPAC and the City, as well as residential neighborhoods not far away. The presence of a brewery with its accompanying uses such as limited food, light entertainment and the like does not offend the City's zoning. Indeed, these uses are allowed with the ambiguous definitions and findings already granted by the City's zoning staff. This is not to fault the City's staff. They can only work with the legislation crafted and adopted by the City Council. However the fact remains that this brewery use was permitted, is permitted, and the uses including light food and entertainment are and have been allowed by the City. 1557 STATE RT. 9, LAKE G EORGE, NY 12845 Phone: 518-6 1 t rn&y rfu/i rcoi Page 13 The Appeal must be granted. The City's Zoning Ordinance is flawed, and that flaw tilts towards the benefit of my clients, not objecting influential neighbors. Please be advised that we respectfully reserve all rights, claims, causes of action and damages that accrue, and continue accrue, due to the City's recent change in zoning stance on this matter. Sincerely, Ado#4411, iff V./0"41W Matthew F. Fuller, Esq. mfuller@meyerfuller.com 1557 STATE RT. 9, LAKE GEORGE, NY 12845 Phone: 518-668-219 9 www, & er fu/I rcorri