HomeMy WebLinkAbout20220202 31-33 Marion Area Variance Correspondance From: Patrick Cogan <patrick.cogan@saratoga-springs.org>
Sent: Friday,January 28, 2022 2:11 PM
To: Michael Ginley<mginley@stewartsshops.com>
Cc: Susan Barden <susan.barden@saratoga-springs.org>
Subject: Re: Stewart's - Marion Setback Request
Michael,
Your evaluation appears to be correct, based on my assumption of the specific parcels in question. The
property is zoned TRB and is within Gateway Design District 2.
The minimum front yard setback in TRB is 40 feet. Section 3.3 of the Zoning Ordinance specifies the
design requirements for the Gateway Design District 2. Section 3.3.3(A) indicates that the design
requirements may be waived if warranted, unless they are identified as a mandatory requirement.
Section 3.3.4(B)(1) indicates that the "minimum frontage build-out should be 50%of the front lot line."
(my emphasis) The 40 foot minimum front setback obviously conflicts with the design guideline for 50%
build-out.
Previous versions of the Zoning Ordinance had a clarifying statement in case of conflict between the
Gateway design criteria and the underlying zoning district requirements. I find no such statement in the
current ordinance as it applies to the Gateway Design Districts. Without such a clarifying statement, I
have to take the position that the area and bulk requirements of the TRB zoning district would control
over a recommended design guideline of the Gateway Overlay. Other requirements of the Gateway
Design Districts are identified as mandatory. The 50% build out is not.
An astute observer might note that all the commercial properties in the Gateway Design District 2 are
zoned TRB, so logically it would never be possible to achieve 50% build-out at the front property line. I
honestly believe the intent here was to recommend 50% build-out at the front setback line, and not the
front property line, but the language does not match the intent. A 40'front setback does not seem to
align with the design goals of this gateway district, and leaves us with an awkward scenario of requiring
a variance in pursuit of a design objective. This is something I would likely try to clarify or correct if
replacement legislation was not already approved. Under the UDO, the property would be in the GC-U
district which has a front build-to zone of 25'to 40',with a 50% build out percentage. The GC-U
requirement seems more realistic.
So there you have it. Clear as mud. Right or wrong, the front setback requirement is currently 40 feet.
Let me know if there are other questions.
Thank you,
Patrick Cogan
Zoning and Building Inspector
City of Saratoga Springs
(518) 587-3550 x2491
From: "Michael Ginley" <mginley@stewartsshops.com>
To: "patrick cogan" <patrick.cogan@saratoga-springs.org>
Cc: "Susan Barden" <susan.barden@saratoga-springs.org>
Sent: Friday,January 28, 2022 9:09:21 AM
Subject: Stewart's - Marion Setback Request
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Good morning Susan and Patrick:
As Stewart's prepares it submission for Site Plan consideration at our lands along Marion Ave, we had a
question regarding setbacks. The zoning map indicates the property zoned TRB with a Gateway Overlay
2. While previous appearances have indicated our intended uses permissible,there isn't any guidance
from a setback perspective. Without the overlay, it looks like the TRB has a 40 ft minimum front yard
setback and the overlay guidelines only illustrative.
Please review and advise or let me know if this needs to be discussed. Thank you. Mike
Michael P. Ginley, Esq.
General Counsel
Stewart's Shops Corp.
PO Box 435
Saratoga Springs, NY 12866
Ph 518-581-1201 x 4445