HomeMy WebLinkAbout20211120 69 Caroline Use Variance Application FERRADINO
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FERRADINO FIRM, PLLC
Stephanie W. Ferradino, Esq. • stef@ferradinofirm.com
November 10, 2021
Saratoga Springs Zoning Board of Appeals Via hand delivery
City Hall
474 Broadway
Saratoga Springs, NY 12866
Re: 69 Caroline Street
Dear Aneisha:
Enclosed please find for submission to the ZBA the one set of the following documents supporting our
application for a use variance for property located at 69 Caroline Street:
1. Application
2. Narrative supporting application
3. Jim Volz letter and itemized cost estimate
4. Munter letter
5. SEQR short form
6. Photographs of the property
7. -2016 site plan of property for proposed addition
8. Check in the sum of$1150 for the application fee
The documents above will be provided to you in electronic format, per the submission requirements. Kindly
advise if any additional information would be helpful to the board or your office in processing this
application.
Thank you for your time and attention to this matter.
Very truly yours,
Stephanie W. Ferradino
Enc.
63 Putnam Street, Suite 202 • Saratoga Springs, New York 12866
(518) 260-1229 • www.ferradinofirm.com
f FOR OFFICE USEI
**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED**
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(Project Title)
APPLICATION FOR:
INTERPRETATION, USE VARIANCE, Check if PH Required
AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review
APPLICANTS) OWNER(S)(If not applicant) ATTORNEY/AGENT
John Haller Children's Museum
Stephanie Ferradino/Ferradino Firm PLLC
Name
73 Union Avenue 69 Caroline Street 63 Putnam Street,Suite 202
Address
Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 Saratoga Springs, NY 12866
518-260-1229
Phone / / /
john@jhaller.com stef@ferradinofirm.com
Email
Primary Contact Person: DApplicant 00wner QAttorney/Agent
*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: 0 Owner 0 Lessee !a Under option to lease or purchase
PROPERTY INFORMATION
69 Caroline Street 165 60 2 66
I. Property Address/Location: Tax Parcel No.: - -
(for example: /6552–4–37)
+/-2000 UR-4
2. Date acquired by current owner: 3.Zoning District when purchased:
Children's Museum UR-4
4. Present use of property: 5.Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
m Yes(when? 2000,2009 For what? use variance )
la No
7. Is property located within(check all that apply)?: 21 Historic District 0 Architectural Review District
la 500'of a State Park, city boundary,or county/state highway?
Use Variance for Saratoga Community Workshop-see attached narrative
8. Brief description of proposed action:
9. Is there an active written violation for this parcel? 0 Yes 0 No
10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes Z No
11. Identify the type of appeal you are requesting(check all that apply):
❑ INTERPRETATION(p. 2) 0 VARIANCE EXTENSION(p. 2) 121 USE VARIANCE(pp. 3-6) 0 AREA VARIANCE(pp.6-7)
Revised 01/2021
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:
Authorization to use the property at 69 Caroline Street for the Saratoga Community Workshop,a non-profit organization
creating maker space for community use, including woodworking tools,space to work on and store projects, classrooms,on
site safety and staff,gallery,etc.
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¢s"proof must be submitted as evidence.The property in question cannot yield a reasonable return for the following
reasons:
Please see attached narrative.
A. Submit the following financial evidence relating to this property(attach additional evidence as needed):
May 31,2000 475,000
I) Date of purchase: Purchase amount: $
2) Indicate dates and costs of any improvements made to property after purchase:
Date Improvement Cost
See attached narrative
95,438 0
3)Annual maintenance expenses:$ 4)Annual taxes:$
0
5)Annual income generated from property:$
675,000 61% 1,107,541
6)City assessed value: $ Equalization rate: Estimated Market Value:$
1,725,000 William Moore/Appraisal Company August 5,2021
7)Appraised Value:$ Appraiser: Date:
Conversion to commercial use and obtaining variance for conversion(see addendum)
Appraisal Assumptions:
Revised 01/2021
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4
Since March 2021
B. Has property been listed for sale with alYes If"yes",for how long?
the Multiple Listing Service(MLS)? EONo
March 29,2021 2,250,000.00
I)Original-listing date(s): Original listing price:$
If listing price was reduced,describe when and to what extent: Price reduced on June 2,2021 by$150,000,bringing the listing price
to$2,100,000.00.Purchase offer was$2 million.
2) Has the property been advertised in the newspapers or other publications? 0Yes ❑No
If yes,describe frequency and name of publications: Saratogian May 2021;Glens Falls Business Journal April 2021;Saratoga Business
Journal April 2021;Saratogian May 2021;Loopnet Sponsored Premium Listing since March 2021
3) Has the property had a"For Sale"sign posted on it? XI=IYes ❑No
If yes, list dates when sign was posted: Installed April 2021 to present.
4) How many times has the property been shown and with what results? See attached narrative.
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:
Please see attached narrative
Revised 01/2021
ZONING BOARD OF APPEALSAPPLIC4TION FORM PAGE S
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:
Please see attached narrative
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:
Please see attached narrative.
Revised 01/2021
ZONING BOARD OF APPEALSAPPLICAT/ON 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? 0 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.
FurthermorpkI/we hereby authorize the members of the Zoning Board of Appeals and designated City staff to enter the property
associated vY'ith this application for purposes of conducting any necessary site inspections relating to this appeal.
ji
I Y Date: ( J(7 1
kJ(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 01/2021
•
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 ❑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 t e owner of the property,the current owner must also sign.
r�fl
Owner Signature: 1 v \ Date: 111 (GJ / e'
7
Owner Signature: Date:
Revised 01/2021
69 CAROLINE STREET
ZBA USE VARIANCE NARRATIVE
The applicant, John Haller, seeks to purchase the existing Children's Museum property at 69 Caroline
Street to convert it into an educational and community workshop center. The property has been on the
market since March 2021.
The Project
John Haller seeks to create an entity called the Saratoga Community Workshop (the"Center"), which will
be formed as a non-profit. The goal is to create a community educational and professional workshop space
to encourage learning, sharing, collaboration and inspiration. It will initially focus on woodworking.
The Center will have regular classes, where craftspeople can share their expertise with the
community. The classes will be available to the community to increase awareness, help students gain
confidence, to inspire students as to what can be done, and prepare people to embark on their own
personal projects. The classes will always reinforce safety-understanding the proper and safe use of the
tools.
The Center will provide high quality professional equipment, work spaces, and knowledgeable staff to
enable community members to develop their woodworking skills and create their vision. The Center will
encourage collaboration between craftspeople by having open, shared space, with opportunities to learn
from each other to get new ideas, skills, and creative possibilities. Similar spaces are often located in urban
centers, like this one, where individuals may not have sufficient space in their apartments and residences
for a workshop to pursue their projects.
While the primary craft is woodworking, collaboration between other crafts will be encouraged and
supported. These other crafts may include laser cutter/3D printing; metal shop to mill, drill, and bend;fiber
arts; and other similar crafts.
In addition to the workshop space and classrooms, the Center will include:
• A gallery space where works can be displayed, either as an exhibit, examples of projects, or for
sale. These works will inspire people as to what can be done beyond what they may currently be
comfortable with.
• Storage for projects and materials. This is important, as people need a way to store projects when
they aren't working on them.
• Convenient parking so people can easily transport materials/project components.
• Supply room having some common materials, such as plywood, planks, some wood of different
species, dimensioned lumber etc. for purchase for classes and projects.
Building History
The original building was constructed as a duplex in the 1880s. For almost five decades, the building
located at 69 Caroline Street has been the site of various non-residential users. Based on review of the
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minutes from the 2000 ZBA application, in the 1970s, the structure was opened up and converted to a
restaurant use. Reportedly, prior to 1986, the use of the site was for Chez Sophie restaurant, and it was
zoned as B2. Following the sale of the building by Chez Sophie to Drs. DelGiacco and Baran, the property
was converted into Office Medical Building, which was an allowable use in the zone at the time of
acquisition. While the building was being used as a medical office building, the zoning changed to the
current UR-4 district. It is important to note that while the property is not under consideration for a zone
reclassification under the Unified Development Ordinance (UDO), the UR-4 uses will be expanded
significantly to include other uses which have a similar impact as the proposed. In the UR-4 district under
the proposed UDO changes, the following uses are anticipated to be adopted: Community Center and
Gardens, Adult Day Care, Townhouses, Carriage Houses, Educational Facility—Primary or Secondary,
Hotel, Inn, Lodging House, Neighborhood Commercial Establishment, Park/Playground, Private Social
Club, Rooming House (all sizes and owner or non-owner occupied), Domestic Violence Shelter,
Transitional Living Facility, and various temporary uses. This is a significant change and expansion of what
is currently allowed in the UR-4, showing the city's intent to transition the UR-4 areas to include uses that
complement the existing residential development. While the proposed use is not specifically called out in
these uses, many have components similar to the instant application. The proposed use is compatible with
this anticipated expansion of uses for this district.
The current owner, the Children's Museum, has owned 69 Caroline Street since 2000, when it acquired the
property following the grant of a use variance in 1999. During the ownership by the Children's Museum, the
property has been granted relief for use and area variances as follows:
• January 26, 2000: Use variances to allow conversion of medical office building to museum use
• January 26, 2000:Area variances for setback relief
• July 9, 2009: Use variance to allow portion of the ground floor to be used as rental office space for
an educational organization for public benefit
• October 26, 2015:Area variance for setback relief for second story rear addition
The Children's Museum is selling the building and relocating to the Lincoln Bath's building in the Spa State
Park for many different reasons. The Museum has a history of expansion into larger and larger spaces,
which weighs heavily in the decision supporting the current relocation. The Museum was originally located
in one room in the Downstreet Marketplace, with limited exhibit and resource space. The next move was to
the Palmetto building on Phila Street. When the space was outgrown, they sought the home they have
occupied for two decades on Caroline Street.
As with many other institutions, the Museum was impacted by Covid-19. The Museum was shut down for
13 months, but then needed to reopen with limited capacity. This caused the staff and the board of the
Museum to evaluate the Museum's current needs. Based on the analysis they underwent, the Board
ultimately determined that they needed both larger and different space in order to continue to serve the
needs of the children in our community in a safe environment. The relocation to the Spa Park has many
benefits for the Museum. First, the space will be larger and all on one floor. This will enable parents with
children of various age ranges to observe their children when they are in different exhibits. Currently, a
parent or caregiver is not able to watch multiple children if they were at exhibits on different floors. The
large space will accommodate modification of the exhibits for accessibility and social distancing. This was
not possible in the present space,which could not accommodate wheelchair ramps and other accessibility
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features. The new location has access to outdoor space that is not located near a busy street, has ample
parking and will allow for expansion of indoor and outdoor exhibits. For covid precautions, the new space
will have an optimized air filtration system and space for social distancing. The inability to distance in the
current space has prevented the Museum from accommodating its existing users, resulting in the ability to
serve only a portion of their prior population. For example, the small room where the diner exhibit is located
on the second floor can only have one family enter at a time. Previously, many children could have been in
there together.
The Museum staff also had challenges related to the proximity to the bars and restaurants on Caroline
Street. While the Museum is a wholesome, family space, the parking lot became a repository for empty
beer bottles, cars left the previous evening, and sometimes waste/smells from people relieving themselves
after a long night. Ownership of the building also required the staff to spend time in the exterior care of the
building (shoveling, raking, landscaping), rather than focus on programming and services. Finally, financial
challenges from the covid shutdown brought about the need for additional revenue in order to continue to
provide better services to the children and families they serve.
Application Responses:
1. That the applicant cannot realize a reasonable financial return on initial investment for any
currently permitted use on the property. "Dollars ¢s"proof must be submitted as evidence.
The property in question cannot yield a reasonable return for the following reasons:
The subject premises cannot realize a reasonable financial return for any use which is in conformity with
the existing zoning regulations. When zoning regulations effectively prevent development of land or use of
existing structures, this imposes an unnecessary hardship and warrants the granting of a variance. When
the original use variance was granted to the Children's Museum on January 26, 2000, the ZBA found that
"the property could not be converted to a permitted residential use in an economically feasible manner.
Further the use of the premises as a children's museum incorporated by an organization organized as a tax
qualified 501(c)3 entity, means that the otherwise stringent financial test required for a use variance may be
relaxed (see Andersen 23.67)." ZBA use variance, January 1, 2000. The present application is similar, as it
pertains to the same structure, which has not been modified to come more into conformance with the
zoning regulations in the two decades that it has been in use, and it will continue to be used by a non-profit
for educational and workshop uses. The original minutes of the 2000 variance contain statement made by
city attorney Izzo where he"reminded Board members that if there is a public interest component the
standards can be somewhat relaxed." Minutes, ZBA January 18, 2000. Here, the public interest component
is an educational and workshop for the community, filling a void and providing a benefit to our community.
Maintaining the existing nonconforming use will not allow the Children's Museum to realize a reasonable
return on their investment.As is demonstrated with the financial proof appended to this application, the
property cannot be converted to allowable uses without cost prohibitive construction. As presently exists,
the Museum is only realizing a very modest return on the investment with the anticipated sale to the
applicant. Continuing operations at the site is not contemplated, as the Museum is not able to operate as
profitably in the space as prior years due to distancing and occupancy guidelines.
The property has been marketed since March 2021, at a time when properties in Saratoga were in short
supply and demand was high. While not a substitute for the dollars and cents proof also provided in this
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application, the "inability to sell a property subject to restrictive zoning ordinances serves as relevant
evidence towards establishing the impossibility of realizing a reasonable return." New York Zoning Law and
Practice, §29:11; Citizens For Ghent, Inc. v. Zoning Bd. Of Appeals of town of Ghent, 175 AD2d 528(3d
Dept. 1991). The property was shown by Roohan Realty to approximately 12 different potential buyers.
Only two of the twelve considered UR-4 permitted uses, however they determined that the cost for
acquisition in addition to the cost to convert were too expensive and would not produce an acceptable
return on investment. The uses for which the buyers sought to use the parcel included the following:
• Conversion to renovate to rent(apartments)
• Conversion to renovate to sell (condos)
• Medi/Spa including surgical suite
• General office conversion to be leased out(two different potential buyers)
• Owner occupied office for software company
• Owner occupied office for financial advisory firm
• Office space, daycare, cafe
• Downstate investor for student housing conversion
• Downstate investor for mixed use on the first floor and offices upstairs (condo)
• Owner occupied office user with personal residence (included retail sales).
The reasons for not making an offer on the property included the following:
• High cost of renovation
• Restriction on number of units because of the configuration of the interior and exterior of the site
• Layout of the building unfavorable (exterior entrance/exit locations in the rear of the property,
amount of square footage used by stairwell and elevator shaft)
• No"front door" entrance on Caroline Street
• Plumbing, electrical, and mechanical limitations of the site for allowable uses in the zone
The area and bulk schedule for UR-4 requires 3000 sf/density unit for residential use. Based on the size of
the lot, the maximum residential units the site allows is 7 units. Despite the building having 8600 sf, a
significant portion (approximately 2000 sf) of the space includes the stairwell, elevator shaft, lobby entrance
and small basement, leaving only roughly 6600 of usable space. As you can see from the attached two
separate cost estimates, it would cost approximately$2 to 2.1 million to renovate the space into 5 small
1200 sf units. This cost does not include the acquisition cost and would result in units well in excess of what
the market could bear. For example, the Moderne Condominiums on Henry Street have recently been
marketed and are under contract for approximately$475 per square foot. In contrast, based on the
acquisition cost and cost of fit up, the per square foot cost for these small units would be in the $600-630
per square foot range. Units of this size (1200 sf) with low ceilings do not sell at a premium in Saratoga
Springs.
The property itself, without any improvements, is under contract for sale for$2,000,000. The Children's
Museum's investment in the structure itself over the 21 years it has owned the property is itemized below
and is$1,304,200. This is a return on investment of only 2.06% over the life of the ownership of the
property. An acceptable return on investment for use variances is in the 5 to 13% range.
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The financial impediments to closing are detailed in the information contained in the letter of Jim Volz, who
provided a detailed cost estimate for the most likely use (condominium units) and which explains the
financial impediments for other allowable uses in the UR-4 zone. Given the information in the letter, using
the existing building and land for any allowable use in the zone is not economically feasible.As the building
is presently configured, it would take roughly$4 million of investment in the land and renovations to use the
property for modest residential condo units. At the price the Museum is willing to sell the structure for, and
slightly over the appraisal cost, over the life of their ownership, the Museum is only be realizing a 2% return
on their investment. This price is for sale to a potential purchaser who is willing to use the structure without
needing to make any significant investment, however it requires a zoning variance. Conversion of the
property to allowable uses would result in the potential purchaser needing to invest significantly more than
they could financially obtain a reasonable return, or the Museum significantly dropping the price below their
investment in the property, resulting in a negative return on investment. This could be financially
devastating to a non-profit that has greatly benefitted the community.
Please see attached letter from Jim Volz, cost estimate prepared for renovation of structure and letter from
Munter Enterprises.
Question 1.A.2 Indicate dates and costs of any improvements made to the property after purchase.
Date Improvement Cost
May 31, 2000 Acquisition $475,000
2000 Cost to convert to museum (does not include exhibits) $250,000
2009 Fit up of basement to office $5000
2010 AC Unit $7000
2011 New Roof $13,500
2013 Lighting and fixtures (interior and exterior) $3700
2018 Expansion into second floor and new entrance way $500,000
2019 Ramp and roof drains $50,000
TOTAL $1,304,200
Question 1.8.4. How many times as the property been shown and with what results?
The property was shown more than a dozen times by Roohan Realty, with only two parties considering UR-
4 permitted uses. The potential purchasers' conclusion was that the cost of renovation of the structure
back into an allowable use in the zone, together with the restriction on number of residential units the
property could support, made the deals financially unfeasible from both a renovate to rent, and a renovate
to sell (as condo) conversion of the space.
The layout of the interior of the building presents one of the largest obstacles. In the southwest corner of
the interior of the building (the corner facing Caroline Street and closest to Henry Street) is both a stairwell
and an elevator shaft. That area, in combination with the current lobby and "main"entrance off the parking
lot, take up an extensive amount of square footage and present an awkward main entrance in the rear of
the structure. The loss of square footage presents a financial and structural hurdle and an impediment to
the sale. On the west side of the building, the Museum opened up the original brick structure in two
different places in order to connect the gift shop with the exhibit space. Because of this modification,
5
structurally, no additional openings can safely be made in that supporting wall without compromising the
structural integrity. This would limit the entrances and exits to individual units and configuration for other
allowable uses.
Additionally, since this building has been commercial for more than twenty (20) years, the existing
plumbing, electrical and mechanical layout is designed in a manner inconsistent with residential use. For
example, the plumbing is primarily"stacked"from floor to floor only in the rear/north end of the building.
This layout works for commercial use with commercial common restrooms. However, for a conversion of
the space to any UR-4 residential uses (including for neighborhood B&B/rooming house, senior housing,
senior assisted care), constructing kitchens and/or bathrooms in the front, south facing side of the building,
or on the sides in the east and west would be both costly and structurally difficult. The conversion would
require long drainage runs, which would require lower ceiling heights in order to be pitched correctly. This
factor alone would significantly decrease the marketability of that entire floor. Given the cost of the property,
any possible conversion would need to maximize marketability and be at a very high price point.
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:
The hardship relating to this property is unique and tied to the existing structure itself. The building located
on the site has been modified and changed in the last 50 years from a restaurant use to a medical office
building and has been used for the last two decades as the Children's Museum. With each modification,
changes have been made to the structure that have caused it to be less consistent with the residential
oriented zone in which it is located. The answers to the above question detail the significant and unique
factors relating to the structure itself and are incorporated into this response as if repeated in their entirety.
The structure's use as a museum necessitated its accessibility considerations, resulting in approximately
2000 sf of space devoted to both stairs and elevators, together with ramp entrances to the property.
Because of the interior configuration, accessibility requirements and location of the parking, the building
has no viable "front"entrance on Caroline Street. The use of the structure for commercial purposes has
also dictated the location of the plumbing on only the northerly side of the building rather than throughout
the structure. Because of the existing low ceiling heights, running plumbing to the entire building will result
in much lower ceiling heights, resulting in less enticing residential units.
The surrounding neighborhood is varied and mixed but contains structures that have been in existence for
many decades and continue to be used for allowable purposes in the four zones that surround this
property. For example, to the east of the site are many residential structures that contain single and
multifamily uses. Across the street is a church. To the west are commercial properties that are vibrant and
occupied. Beside the current property, no other structure exists in the neighborhood which is not able to be
used for the allowable uses in the zones in which they are placed.
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 variances will not alter the character of the neighborhood for the
following reasons:
6
The conversion of the structure from the existing Children's Museum into the proposed educational and
workshop will necessitate minimal change in the structure itself, and those changes will be on the interior of
the building. Because of the similarity in the use of the structure, there will be minimal practical impact on
the neighborhood.
The essential character of the neighborhood can only be characterized as "mixed"as it is comprised of
numerous different uses within both sight and walking distance. Within a one block radius of the site, the
surrounding property uses include multiple bars that have routine loud outdoor music, numerous
commercial uses, bed and breakfasts, non-profits, library, offices, retail businesses, restaurants, single
family, multi-family residences, Airbnb, fire station, hotels, salons, etc. Within a short distance is both the
vibrant ambiance of Broadway and the nightlife center of downtown, with outdoor music playing into the late
night/early morning hours.
This property is located in a predominantly commercial district in the downtown core, however, it is zoned
UR-4 which only has single and two family residences as uses permitted as of right, with other
complementary neighborhood uses allowed with additional approvals (site plan and special use permits).
As you can see from the below, this area has many different zones in a one block radius, from the more
restrictive UR-3 residential zone to the T-5 and T-6 zones which have the most flexible zoning in the city.
The subject property is circled, and zoning designations provided for surrounding zones.
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The subject property is surrounded on the west and north with commercial uses, including a strip mall
immediately adjacent to the property containing Uncle Mings and other establishments, Saratoga
Botanicals, Saratoga Paint and Sip and Flatbread Social. Within two blocks west on Caroline Street is the
active and often boisterous bar scene of the city's downtown, a car repair shop, take out food options, and
upscale restaurants. Directly to the north is Henry Street Taproom and the fire department. To the
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immediate east of the property are a few multifamily dwellings containing numerous units. Across Caroline
Street to the south of the site is the Soul Saving Station church, apartments, multifamily dwellings, single
family dwellings and a property routinely used for Airbnb. The existing area has been mixed for decades,
predating the Children's Museum's occupancy. The intended use for the site will be less intense than the
existing use, as the number of anticipated users of the site will be smaller, local, often able to walk to the
building, and the use will generally be spread out and not concentrated at any specific times. When classes
are held, the size will be small as the subject matter necessitates one on one and/or small group
instruction. In contrast, the Children's Museum (pre-covid) had approximately 37,000-40,000 visitors
annually, or approximately 100-110 per day.
The proposed use will blend with the many varied uses in the neighborhood and will both complement and
be significantly less impactful than other uses in the adjacent areas.At the site, the proposed use will be
less intense and the users spread out much differently than the Children's Museum. It is anticipated that the
existing parking lot is more than adequate for the proposed Center's needs and will likely be underutilized
when the center is open.
During the evaluation of potential impacts to the neighborhood, the only area of concern that was raised
was possible noise from the tools that will be used in the workshop areas. To address that potential impact,
decibel readings were taken within and without the property when a very noisy tool, a Dewalt planer, was
being used. This tool has a high-pitched whining noise and was emitting 93 decibels (dB) at the unit itself,
which was placed indoors at the Museum. This tool is louder than the tools that are anticipated to be
located within the structure, which is why it was used for the study.
The study was done on a Tuesday night when it was lightly raining outside. Outside the Museum while the
planer was off, the ambient noise was reading at 50 dB. When a car passed or the operators of the sound
meter were talking, the sound levels were in the 70 dB range.
The below represents the sound levels when the Dewalt planer was being operated. The 93 dB is the only
inside sound level taken, directly adjacent to the tool while it was in operation, with the remaining sound
levels occurring outside while it was running. The loudest location read at 72 dB on the front porch directly
outside a window that was slightly open. Closing the window fully, and other sound attenuation measures
could adequately address that issue. The remaining sound levels were within typical range for a
neighborhood. By way of example, normal conversation is typically heard at 60 dB, a toilet flushing is 75
dB, and a noisy restaurant is roughly 90 dB.
8
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No other impacts are anticipated from the proposed use. In most instances, classes will be held where
teaching is the primary activity, with some observation of the use of tools. The other uses will be individuals
working on their own projects, fully within an enclosed space that provides sound attenuation. The impacts
of a neighbor doing similar work outside or in their garage would be more audible.As such, the proposed
use will not change the character of this varied and vibrant area.
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 the
position to know) the conditions for which the applicant is seeking relief. The hardship has not
been self-created for the following reasons:
The hardship necessitating this change in occupancy was not created by the owner/Children's Museum
and the applicant/proposed owner has not taken the property subject to the restrictions. Instead, Mr. Haller
has entered into a contract to purchase which is contingent on the use being approved.
As stated earlier in the narrative, the need for the Children's Museum to change from the existing building
to the Lincoln Baths was necessitated by the covid emergency and the inability of the Museum to continue
to serve its population in the same manner as it was able to operate pre-covid. In advance of the pandemic,
the non-profit was able to operate with healthy margins that allowed it to service the children and families of
the community in a setting that matched its users. However, after 13 months of being shut down, the
Museum was required to adjust its programs and operations significantly. The most significantly result was
the restriction on the number of children and families that could be at the Museum during open hours.
Restricting the number of users was not the only change, however. The Museum found that because of the
way the displays and interactive activities in the Museum were placed, further restrictions on users
occurred. Given the young age of the children the Museum often serves, it has been difficult to provide a
9
similar experience and staff is required to monitor the users in a much different way than before covid. In
order to continue to provide the services to the existing users, a much larger space with more covid-safe
environment(ie air handling, distancing space, etc) is necessitated. This new space is necessary to allow
the same families to come to the Museum and the same programming to be handled as occurred at the
Museum pre-covid.
The need to move into larger and different space necessitated the Museum finding a user for this unique
structure. Many potential purchasers viewed the property for various uses, but the structure is too unique to
fit into the zone in which it is placed. These restrictions are financially prohibitive for uses authorized by the
zoning code. The need to move, combined with the existing building's reconfiguration over the lifetime of its
existance, has created the hardship from which relief is sought. Case law is clear that when a use becomes
obsolete or financial difficulties arise from the use of the land or building, the hardship is not self-created.
Based on the foregoing, the proposed Center meets all the standards for the grant of a use variance.
10
Jim Volz
1 Belair Lane
Troy, NY 1218o
November 5, 2021
John Haller
73 Union Avenue
Saratoga Springs, New York 12866
As you know, I have been in the construction industry in the Capital Region for 35
years. I am currently the estimating and production manager for CGM Construction,
and previously worked as a cost estimator for Bonacio Construction, and an estimator
project manager at Amedore Homes before that. I have created the spreadsheet attached
to demonstrate the costs to convert the structure at 69 Caroline Street.
You asked me to provide you with a cost estimate for the most likely use for the property
occupied by the Children's Museum in Saratoga Springs. I have provided a detailed cost
• estimate to demolish the entire interior of the structure and convert it to 5 modest 1200
sf residential units. Because of the existing configuration of the building, it would be
more expensive to renovate and re-use the existing structure than to gut the interior and
reconfigure the space. The impediments to using the existing structure include the
location of large structural beams in the present locations, ceiling heights, location of
plumbing in one column along the north of the property and an HVAC system that
services the entire building.
The UR-4 zone has multiple uses.This structure is too large and is not appropriately
configured for a single or two family residential structure. Unlike single family
structures of similar size on North Broadway or Union Avenue, the surrounding
commercial area is not conducive to a structure of this building size occupied by a single
family.
The other residential type uses allowed in the UR-4 zone include Neighborhood Bed and
Breakfast, Rooming House, Senior Housing and Senior Assisted Care Facilities.All of
these uses would require individual bathrooms located adjacent to the bedrooms and
spread throughout the space. Currently,the plumbing is located only in a column along
the northerly portion of the building.Therefore, in order to provide plumbing to the
entire structure for kitchens and bathrooms, which is necessary for all of these uses, the
existing ceilings would need to be taken down, plumbing inserted and run throughout
and reinstallation of ceilings. The extension of the plumbing would require long
drainage runs for the wastewater. This would result in both significant cost, and
lowering of the current ceilings to accommodate the angle needed for proper drainage
over the span of the plumbing. The cost estimate shows the expense for plumbing alone
as almost $130,000,without any of the demolition and reconstruction that would be
required for just this one element. Similarly, as the building is currently configured, the
creation of"units"would be difficult without a complete gut of the space because of the
location of the entrance, stairs and elevator shaft on the westerly portion of the building.
Typically, in spaces with multiple units, a central hallway provides the most efficient
method of unit distribution.
In the zoning district where the Children's Museum is located, the other allowable uses
include a private school and religious institution. However, the building is not suitable
for either use.A school would require a gym for recreation, cafeteria for dining, offices
and teacher break rooms,together with sufficient additional space for enough
classrooms to support the costs to convert the structure to the use. In addition,the
location on a one-way street with limited parking is not conducive to the transportation
needs for a school. Similarly, the space is not configured properly for a religious
institution, where the use typically requires large open spaces for assembly.The
structure is not set up to allow for typical assembly use.The square footage is
distributed over two floors with structural beams breaking up the interior of the space.
The parking lot would support only 25 cars,which would not be sufficient parking for
services for a congregation. In addition, the traffic volume at surges when there are
services would be disruptive to the adjacent properties, resulting in some impediments
to the approval of this site for this use.
Finally,the last non-residential use allowed in the zone is convenience sales of less than
2000 sf.The use of this structure for this type of use would not be economically feasible
because it would leave 3/4 of the space unoccupied.While the site could be configured to
allow a small convenience store, this would leave a balance of the property(4000-6000
sf) without a viable use. Conversion into a mixed-use structure would have all the
challenges previously mentioned and included in the attached cost estimate.
I hope this information is helpful to your work.
Sincerely,
Jim Volz
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The Children's Museum at Saratoga ' ':'
69 Caroline Street olI .P
TRACE
Saratoga Springs, NY 12866
October 26, 2021
Construction Services Budget
Dear Ms. Sarah Smith:
We are pleased to provide a project budget to renovate the existing 8600sf museum in to
residential living space. Our professional opinion is that a reasonable budget to convert the
facility from commercial to residential is $2,150,000.00.
This budget is inclusive of all necessary design services, permitting fees and construction
services.
Thank you for considering our construction services and do not hesitate to contact me with any
questions!
Sincerely,
John E. Munter, President
Munter Enterprises, Inc.
www.munterenterprises.com
881 Murray Road,Middle Grove,New York 12850
PHONE(518)584-6174 FAX(518)587-8938
Short Environmental Assessment Form
Part 1 -Project Information
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
JOHN HALLER
Name of Action or Project:
69 CAROLINE STREET
Project Location(describe,and attach a location map):
69 CAROLINE STREET,SARATOGA SPRINGS,NY
Brief Description of Proposed Action:
CONVERSION OF EXISTING CHILDREN'S MUSEUM BUILDING INTO COMMUNITY EDUCATIONAL AND PROFESSIONAL WORKSHOP SPACE
•
Name of Applicant or Sponsor: Telephone:
JOHN HALLER
E-Mail: JOHN@HALLER.COM
Address:
73 UNION AVENUE
City/PO: State: Zip Code:
SARATOGA SPRINGS 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 that111
❑ .
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 government Agency? NO YES
If Yes, list agency(s)name and permit or approval: ❑ ❑
3. a.Total acreage of the site of the proposed action? 0.52 acres
b.Total acreage to be physically disturbed? 0 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 0.52 acres
4. Check all land uses that occur on,are adjoining or near the proposed action:
5. ❑✓ Urban 0 Rural(non-agriculture) 0 Industrial ❑ Commercial ❑ Residential(suburban)
0 Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify):
0 Parkland
Page 1 of 3
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? El ❑ ❑
b. Consistent with the adopted comprehensive plan? ❑ El ❑
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural 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: El ❑
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑ ❑
b. Are public transportation services available at or near the site of the proposed action? III
❑
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ El
action?
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:
ANY MODIFICATIONS TO THE PROPERTY WILL INCLUDE ENERGY EFFICIENT DESIGN. ❑ El
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water:
[II El
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:
❑ El
12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES
which is listed on the National or State Register of Historic Places,or that has been determined by the ❑ El
of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ El
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
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:
Page 2 of 3
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑Shoreline El Forest ❑Agricultural/grasslands El Early mid-successional
❑Wetland ❑✓ Urban ❑ Suburban
15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES
Federal government as threatened or endangered? ❑ ❑
16. Is the project site located in the 100-year flood plan? NO YES
El ❑
17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes, ❑� ❑
a. Will storm water discharges flow to adjacent properties? ❑ ❑
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? n n
If Yes,briefly describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES
or other liquids(e.g.,retention pond,waste lagoon,darn)?
If Yes,explain the purpose and size of the impoundment: ❑ ❑
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES
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 1-1
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/n.ye: V Y IV 4!'+ Date: I I I �A
Signature: ( ; �� ( Title: N,'D r 1
PRINT FORM Page 3 of 3
EAF Mapper Summary Report Tuesday, October 19, 2021 11:32 AM
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