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HomeMy WebLinkAbout20220202 31-33 Marion Area Variance Correspondance (2) �t�,«nt'� ��a� March 9, 2022 Mr. Keith Kaplan, Chairperson Zoning Board of Appeals City of Saratoga Springs 474 Broadway Saratoga Springs,NY 12866 Dear Chairman Kaplan: Enclosed please find Stewart's Shops Area Variance application for the front yard setback of its proposed redevelopment for a Stewart's Shop, car wash and tenant space located at 31-33 Marion Ave along with a portion of SBL: 166.5-4-1.11. The land under contemplation is in the Tourist Related Business (TRB) zoning district, but is also locatedwithinthe Gateway 2 Overlay. As has been determined by the City's Code Enforcement Officer, these two regulations conflict as to the intent of the streetscape in the Marion Avenue corridor and that a variance from the Zoning Board of Appeals is necessary for the frontage placement of the building pursuant to the Gateway 2 Overlay. More specifically, the current Area Variance request is being made due to the lack of Gateway 2 Overlay bulk requirements modifications in its design guidelines. An email from Patrick Cogan of the City (attached) indicates that a front yard setbacks variance is required for the redevelopment proposal as the current requirement is forty (40) feet. The existing Mobil station is 24 feet from the front yard and Stewart's proposes the building be sited at 8 feet— thereby requiring 32 feet of relief from the TRB zoning to be compliant with the design guidelines. The relief is actually 16 feet from the existing non-conformance of the Mobil station. As a matter of procedure, the redevelopment lands were previously considered as part of the "Marion Avenue—Maple Dell Planned Unit Development (PUD)"which was contemplated by the City Council in 2021. At its December 21, 2021 meeting the City Council acting as SEQRA Lead Agency through coordinated review issued a Negative Declaration(Neg Dec) for the project as an Unlisted Action. The original SEQRA coordinated review did not include the ZBA because the legislative action sought to comply with the Overlay guidelines and would have created conforming setbacks. In light of the Iack of adoption of the PUD following the Negative Declaration, Stewart's must now seeks a front year setback variance which is subject to SEQRA. Due to the reduced size and intensity of the redevelopment previously contemplated by the City Council's coordinated review, Stewart's is requesting the Zoning Board adopt the findings as the City Council at its December 21, 2021 meeting. Enclosed with the application is a copy of the Part 2 considered by the City Council as part of its SEQRA deliberation and vote. As noted above, the cumulative impacts of the proposed action are less than were considered by the City Council because Stewart's has lessened the intensity of the previous 1 The adjoining parcel has been incorporated into the proposal via 1.7(D)of the City's Zoning Ordinance which extends zoning 100 feet. P.O. Box 435 Saratoga Springs, NY 12866 application for the project which received a Negative Declaration2. Table 1 (Summary of Proposed Changes) below summarizes the net changes between the current Stewart's proposal and what was previously contemplated by the City Council during its SEQRA review. To illustrate the reduced scale of the proposal, a map entitled"Proposed Site Plan with PUD Overlay" is attached for your reference. Table 1: Summary of Proposed Changes Marion Ave—Ma le Dell PUD and Pro osed Site Plan Proposed Indicated Activi PUD Proposal Current Proposal Net Change Chan e Maple Dell 4,700 Square -4,700 Square Develo ment Feet � Feet proposed Plan vs Stewart's Sho 3,975 s uare feet 3,975 s uare 0 Proposed PUD Concept Commercial 5,000 3,180 -1,820 square Plan Rental feet Proposed Residential Max 4 0 -4 FEAF Page 4 Houses Area of 3.2 acres 1.5 acres -1.7 acres FEAF Page 3 Disturbance The Negative Declaration was issued with supporting information from the State Historic Preservation Office (SHPO) dated May 6, 2021, a traffic letter from Creighton Manning Engineering (CME) dated April 14, 2021 with update October 20, 2021 and letters from Scatt E. Kitchner, P.E. regarding the proposed stormwater handling and Timothy Johncox,. P.G. regarding petroleum bulk storage. A subsequent revision has been included from Creighton Manning Engineering to incorporate the proposed Site Plan layout and a true understanding of the proposed traffic generation are reflected in a letter from CME dated February 10, 2022. As noted above,the City Council, the Planning Board, and the Design Review Commission were all coordinated agencies in the prior determination and bound by the decision. If there are any additional questions, please reach me at(S l 8) 581-1201 ext 4445 or mginley@stewartsshops.com Respectfully submitted, �; ' �w._� �� -- � - Michael Ginley, Esq. General Counsel Stewart's Shops Corps. z Please see the discussion with the City Council and legal counsel at the video recording(01:42)for the description of the"contemplated action"at December 21,2021 meeting.