HomeMy WebLinkAbout20221034 Marion Ave Zoning Interpretation Public Comment (2) THE LAW OFFICES OF Libby Coreno, Esq.
M . E L I ZA B ET H C O R E N O,FsQ.P.C. libby@corenolaw.com
March 6, 2023
Gage Simpson, Chair
Zoning Board of Appeals
City of Saratoga Springs
474 Broadway
Saratoga Springs,NY 12866
Re: Interpretation—31-33 Marion Avenue (Application 20220202)
Parcel Nos: 166.5-4-1.1, 166.5-4-1.2, 166.5-4-1.3
Dear Chairperson Simpson:
1 submit this letter on behalf of Stewart's Shops as the landowner subject to the appeal in
the above referenced matter. While Stewart's did not file the present appeal, it has submitted
documents to the City on July 6, 2022 related to its position regarding the interpretation of City
Code S. 240-1.7(D).
The public comments submitted to the Board and comments during the public hearing on
this matter earlier this year focus on facts and legal standards which are not applicable to the
standard applied to a"plain language"review of the ordinance. Citations to the Comprehensive
Plan, neighborhood impact, self-created hardship, and other facts related to how Stewart's
acquired the property are not relevant to the plain language of the City's code which specifically
references "single ownership" as of the"date of the enactment" of the prior zoning code or
September 4, 2012. Therefore, Stewart's reaffirms the position it took in its July 6, 2022 letter to
Patrick Cogan, Code Enforcement Officer,regarding the legal interpretation principles at issue in
the present appeal. We respectfully request that the interpretation under appeal be affirmed in its
entirety.
1 wish to thank you for your courtesies in this matter.
Sincerely,
;1 Elizabeth Coreno
Law Office of M.Elizabeth Coreno,Esq. P.C.
63 Putnam Street, Suite 202
Saratoga Springs,New York 12866
(518)421-1366