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Home My WebLink About20220202 31-33 Marion Area Variance Application ��HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED�* �FOROFFICEUSEI ��::� �` Sf� CITY OF SARATOGA SPRINGS (Application#) `! � / � ZONING BOARD OF APPEALS � NI _ �'j� � CITY HALL-474 BROADWAY (Date received) ' �`,,� i{I SARATOGA SPRINGS, NEW YORK 12866-2296 ;,, • •_J'! ` TEL:518-587-3550 X2533 �o�- ``' www.saratoga-spnngs.org �+,,�uAIE� �� (Project Title) APPLICATION FOR: ❑ INTERPRETATION� USE VARIANCE, Check if PH Required AREA VARIANCE AND/OR VARIANCE EXTENSION statt Review APPLICANT�S�'� OWNER(5) �/fnotapp/icant� ATTORNEY/AGENT Stewart�s Shops�o�P. Libby Coreno, Esq. Name P.O. Box 435 63 Putnam St-Suite 2 Address Saratoga Springs, New York 12866 Saratoga Springs, New York 12866 Phone �518)581-1201 �ext 4445 � (518) 682-6901 � mginley@stewartsshops.com libby@corenolaw.com Email Primary Contact Person: �Applicant �Owner �Attorney/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 ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 31-33 Marion and portion of 166 5 4 1.1,1. I. Property Address/Location: 166.5-4-1.1 Tax Parcel No.: - - 2.1_3 (for examp/e: /65.52—4—37} 2004 TRB 2. Date acquired by current owner: 3.Zoning District when purchased: Gas station, car wash and vacant TRB 4. Present use of property: land 5.Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this propertyZ ❑Yes(when? For what? ) 0 No 7. Is property located within(check all that apply)?: ❑ Historic District ❑Architectural Review District � 500'of a State Park,city boundary,or county/state highway� 8. Brief description of proposed action: Stewart's proposes the demolition of the existing garage, Mobil station and car wash for the construction of a new 3,975 square foot Stewart's Shop(convenience storel qasoline canopy a 3 180 rental space for a rental tenant and a 1 000 square foot car wash which would be an automatically operated single bay facility. , 9. Is there an active written violation for this parcel? ❑Yes Pl No 10. Has the work,use or occupancy to which this appeal relates already begun? ❑Yes e No 11. Identify the type of appeal you are requesting(checka//thatapp/y): ❑ INTERPRETATION�P.2� ❑VARIANCE EXTENSION�P.2� ❑ USE VARIANCE�PP. 3-fi� Gd ArtEa,VattiAtvcE(pp.6-� Revised O1/2021 ZONJNG BDARD OFAPPEALSAPPLlG4T/ON FORM PAGE 6 AREA VARIANCE—PLEASE ANSWERTHE FOLLOWING(add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Repuirement Requested Section 2.3-Table 3 40 8(16'reliefl Other: The Gateway 2 Overlay Guidelines look to push buildings closer to the street without bulk requirements. Pursuant to an email from Code Enforcement Oificer.the setback relief is based off current non-conformance. 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. The parcel is cut at an angle because of the overhead transmission lines to the east owned by National Grid so additional land could not be purchased to address the setback relief Additionally the Gateway 2 Overlay looks to push buildinas closer to the street wiihout providing dimensional guidelines.The GW Overlay Guidelines provide for diifering guidance for the intent of the Marion corridor than required by the TRB zoning area and bulk restrictions. The Applicant seeks the variance to comply with the p anning in en o e ver ay. 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: The proposed activities mirror the current activities on site or within project corridor and have previously been considered for SEQR review by the City Council during PUD review and received a Negative Declaration Additionailv.Stewart's has lessened the intensity of the proposed activities from what was originally considered and that summary offered in separate correspondence. Revised Ol/2021 ZONING BOARD OFAPPEALSAPPLlG4TlON FORM PAGE7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The variance is not substantial based on simultaneous consideration of the Gateway 2 Overlay,the current location of the building and the deviation of proposed and current as directed to Code Enforcement Officer. 4. Whether the variance wil I 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: Scaling the project down, provides less intensity which should be favorable to maintaining elements of the surrounding neighborhood.As an example of the current intensity for the neighborhood,the latest NYSDOT traffc data report shows that Marion Ave in this section has an AADT tra�c volume of 12,279 as of 2019. 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: The alleged difficulty was not self-created because of discrepancy between the Section 2.3 requirements,overlay guidelines and the existing non-conforming structure. Revised 01/2021 ZON/NG BOARD OFAPPEALSAPPLICATION FORM PAGE B DISCLOSURE Does any City officer,employee,or family member thereof have a financiai 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 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. . i ' ' � Date: (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 O1/2021