HomeMy WebLinkAbout20220202 31-33 Marion Ave Area Variance Public Comment-Iacoponi Attachment Neighborhood Assoc Ltr Maple Ave, Marion Ave, Maple Dell Neighborhood Association
Tracy Millis III, President John lacoponi, Vice President
April 21, 2022
Mr. Keith Kaplan, Chair
Saratoga Springs Zoning Board of Appeals
City of Saratoga Springs
474 Broadway
Saratoga Springs, NY 12866
Re: Stewart"s 31-33 Marion Ave Proposal (#20220202)
Dear Chairman Kaplan and members of the Zoning Board of Appeals
The Maple Ave, Marion Ave and Maple Dell Neighborhood Association has reviewed Stewart"s proposed 31-33
Marion Ave project and find that it is inconsistent with both the Zoning Ordinance and the Comprehensive Plan,
and is damaging to the residential homeowners of this area.
a) Two of the parcels in this proposal, located at 31 & 33 Marion Ave are in fact zoned TRB. But one of the
parcels, SBL: 166.5-4-1.1 is currently zoned UR-2. The assertion by Stewart's under rule 1.7(D) of the
Zoning Ordinance, 100' of that UR-2 parcel can be included in the TRB is fundamentally incorrect, and is
nothing more than an inappropriate "zoning grab" by Stewart's.
Zoning Ordinance, 1.7 INTERPRETATION OF DISTRICT BOUNDARIES states
"Where there is uncertainty as to the boundary of any district contained within this Chapter or as shown on
City maps, the following rules shall apply:
D. Where a zoning district boundary line divides a lot or land in single ownership as existing at the time of
this enactment, the district requirements on either side of the boundary may be construed, at the property
owner's option, as extending into the remaining portion of the property for a distance not exceeding 100
feet."
There is no uncertainty here. The zoning boundary between the TRB and UR-2 is very well defined. Figure
1 below shows a snapshot of the Zoning Map, with the red line showing the parcels included in this
proposal.
b) Furthermore, this proposal is inconsistent with the 2015 Comprehensive Plan . The Comp Plan's Future
Land Use map designates the entire area east of Marion Avenue as Residential Neighborhood - 2 (RN-2).
(See Figure 2). The Comp Plan further indicates that "small neighborhood scale commercial uses may
currently exist to complement the residential uses". The applicant's proposed commercial uses (> 7000 sq
ft retail + car wash) are inconsistent with that Compl Plan description . The applicant proposes no
residential uses in this area, the proposed commercial uses are not "small neighborhood scale", and is not
designed to complement the existing residential uses.
c) A fundamental tenet of the Zoning Ordinance, spelled out in the Intents & Purposes, Sec 1.3 (B) states
that the regulations and district boundaries identified in the the Zoning Ordinance and upon the Zoning
Map include the principle of "maximum protection of residential areas"
For these reasons, we ask that the Zoning Board provide "maximum protection of our residential area", reject this
application outright, and to reject any proposal that allows commercial uses on any residential parcel.
The Maple Ave, Marion Ave and Maple Dell Neighborhood Association has for close to 40 years worked with the
City of Saratoga Springs to ensure that the interests of this residential Neighborhood along Marion Ave and nearby
streets are protected. Those fundamental interests against commercial encroachment on the Neighborhood
along both sides of Marion Ave have not changed.
Sincerely
John lacoponi
VP, Maple Ave, Marion Ave and Maple Dell Neighborhood Association
z
rri
._
A'A
16 A
A AA d& —�
AAA AAA
Figure 1. Zoning map of the Marion Ave corridor, which clearly shows the delineation between TRB and
UR-2 zoning districts.
RN 2 .er`W--
Mr7
■
L
� 1
Figure 2. 2015 Comp Plan Future Land Use Map, showing that the entire Marion Ave corridor is
designated as RN-2 (Residential)