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HomeMy WebLinkAbout20211120 69 Caroline Use Variance NOD \\` �l�Or;:� S f Keith Ka lan, Chair �, � f , r% CITY OF SARATOGA SPRINGS Brad Gallagher,pvice Chair � � ZONING BOARD OF APPEALS Emi ly Bergmann A : �- � � .e �ustin Farrington �f;.��. CITY HALL-474 BROADWAY Cheryl Grey � � SARATOGA$PRINGS, NEw YoRi< 12866 Matthew Gutch ��������0f{qr�D ��� 518-587-3550 Gage Simpson WWW.SARATOGA-SPRINGS.ORG �ohn Daley, alternate #2�211120 IN THE MATTER OF THE APPEAL OF John Haller 73 Union Ave Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 69 Caroline Street in the Ciry of Saratoga Springs, New York being tax parcel number 165.60-2-66 on the Assessment Map of said City. The applicant having applied for a use variance under the Zoning Ordinance of said City to operate a non-profit educational and community workshop, in an Urban Residential-4 (UR-4) District and public notice having been duly given of a hearing on said application held on the l Oth day of January 2022 through the 28th day of February 2022. In consideration of the need to demonstrate unnecessary hardship, I move that a use variance to permit an educational and community workshop in the U R-4 District, as per the submitted plans or lesser dimensions,be approved for the following reasons: Background: The Board notes that the site was previously used for the Children's Museum under a use variance approved in 2000. Over the course of the time since then, while the neighborhood has continued to be a mix of residential and commercial activity in the center of downtown Saratoga Springs, the applicant notes that the business prospects for the Children's Museum have been adversely affected by the COVID-19 pandemic restrictions on indoor space density, which has made it financially unsustainable to operate in the manner that was permitted under the use variance granted in 2000. The Children's Museum has sought other space in order to continue to operate, and has placed this property on the market. The applicant's purchase offer for the subject property is contingent on receiving a use variance to allow for the operation of a community worlcshop devoted to the teaching and encouragement of woodworking to members of the workshop and to the public at large. The planned name for this workshop is the Saratoga Joinery. L The applicant has demonstrated that he cannot realize a reasonable financial return for any currently permitted use on the property. The Board notes that the applicant has provided extensive documentation to support the contention that a reasonable financial return cannot be derived by the use allowed under the variance granted by the Board in 2000, to operate as a children's museum, nor would it be financially feasible to convert the property to other uses allowed in the UR-4 district. That documentation indicates that the site was purchased in May 2000 far $475,000, and over the course of the next 21 years, the Children's Museum made $829,200 in capital improvements to the property. A detailed breakdown was provided to the Board of the cost of these improvements. With that purchase price and those improvements, with time of ownership factored in, the currently pending purchase would result in a 2%rate of return. The applicant has provided other important information that supports the conclusion that a reasonable financial return cannot be derived without a variance. The property was on the market since March 2021, during which time no purchase offers were made for a permitted use. Two buyers considered purchasing the property for permitted uses, but, per the applicant both ultimately decided against making an offer due to the coinbination of high costs to convert the property to permitted use, and the limited capability of the property to house a sufficient number of residential units to allow for a reasonable return, due to layout limitations on the size of units and the placement of plumbing infrastructure.The Board notes that only the offer by the applicant, with his plans to establish the Saratoga Joinery,would allow for the sale of the properry for a value that avoids a financial loss. Furthermore, the experience of the subject property in being held for sale has demonstrated that the layout of the buildings, including ceiling heights and requirements for plumbing and HVAC modifications, make conversion into multiple-dwelling-unit residential use�'inancially infeasible. 2. The applicant has demonstrated that the financial hardship is unique to this property and does not apply to a substantial portion of the neighborhood. The property, consisting of former residential buildings that have been converted into museum space,with offices and visitor access space added over the years, differs greatly from the nearby buildings on Caroline, Henry and Circular Streets, which are a mix of single and multi-family homes, businesses, churches and restaurants. The property's limitations that make its conversion to residential use infeasible, do not apply to most of the properties in the UR-4 that are already in use as single- or multi-family residences. The Board notes that the UR-4 portion of the surrounding area is of relatively limited size, and that UR-3,T-5 and T-6 district zoning is in place a veiy short distance from the subj ect properry. While the surrounding neighborhood in and beyond the U R-4 zone includes a great variety of commercial and residential uses, there are a limited number of publicly accessible cominunity spaces in the area, including the public library and the military museum,both of which are located in buildings that are very different from the subject properry in design, size and scope. 3. The applicant has demonstrated, and the Board finds, that the variance will not alter the essential character of the neighborhood. The record indicates that the subject property has been used by the general public as museum space for many years. The Board finds that the change in use to community space in the form of the Saratoga Joinery will not result in an adverse change in so far as the number of users is expected to be fewer in number than when it was a museum, and that noise and odors will be controlled and contained by conditions listed below, set forth to ensure hai�nonious coeXistence with the residential portion of the neighborhood. Public comment, while not looked upon by this Board as dispositive in the determination of impact or lack thereof, has been supportive of the Joinery proposal. As such, it is the Board's conclusion that the granting of this use variance, especially with the conditions listed below,will not have any meaningful impact on the essential character of the neighborhood. 4. The applicant has demonstrated that the alleged hardship has not been self-created. The applicant is a contingent purchaser of the property, and has represented effectively that the changes in market conditions driven mainly by the social distancing and spacing of users brought about by the Covid-19 pandemic have made the property no longer a feasible site for the Children's Museum, or another similar institution seeking to avail itself of the previous use variance in place since 2000. This change in conditions,as well as the other infrastructure challenges that contribute to the financial hardship noted above, are noted by this Board as beyond the control of the applicant and therefore not self-created. CONDITIONS: 1) The applicant shall control for noise pollution by means of ensuring the windows and entrance doors are closed whenever power tools are used, plus acoustical attenuation equipment to be installed in interior spaces. Noise/Sounds produced shall be limited to, Monday to Saturday— (70dbA, 80dbC) and Sunday— (60dbA, 70dbC). 2) Operating hours for use of power tools shall be limited to 9am-9pm. 3) Any chemicals to be used in the woodworking pre-treatment ar finishing processes, either to remove or apply paints, finishes, varnishes or adhesives, shall be ventilated to OSHA or other Federal or State regulatory standards applicable to professional or industrial processes. No spray finishes that require specialized venting are permitted. 4) A fire safety plan shall be submitted to and approved by the City Building or Public Safety departments, as applicable. 5) Retail space shall be limited to function as only an ancillary use to the primary use as an educational and community workshop. It is so moved_ Dated: February 28, 2022 Adopted by the following vote: AYES: 6 (K. Kaplan, M. Gutch, J. Farrington, E. Bergmann, John Daley, G. Simpson) NAYES: 0 Dated: February 28, 2022 This variance shall expire 18 months following the filing date of such decision unless the necessaly building permit has been issued and actual construction begun as per 240-8.5.1. I hereby certify the above to be a full, true and correct copy of a resolution duly adopted by the Zoning Board of Appeals of the City of Saratoga Springs on the date above mentioned, seven members of the Board being present. SIGNATURE: 3/02/2022 �"^ DATE RECEIVED BY ACCOUNTS DEPT.