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HomeMy WebLinkAbout20230215 221 W Circular Special Use Permit ApplicationTHE LAW OFFICES OF M. ELIZABETH CORENO,ESQ. P.C. April 5, 2023 Susan Barden, AICP Principal Planner Saratoga Springs Planning Board City Hall — 474 Broadway Saratoga Springs, NY 12866 Re.: 221 West Circular Street— Zoning District: UR-2 Application for Special Use Permit — Neighborhood Commercial Establishment - Office Dear Susan, Enclosed herewith for submission to the Planning Board, please find four (4) hard copies (including one (1) with original signature) and one (1) PDF copy of application materials for Special Use Permit for property located at 221 West Circular Street, Saratoga Springs, New York 12866 (the "Property"), together with check #3657 in the amount of $1,250.00 representing the required filing fee. The Special Use Permit is requested to allow for the Property, located within the UR-2 Zoning District, to be used as a Neighborhood Commercial Establishment, which is defined in the Unified Development Ordinance (UDO) at Section 8.4(XXX) as "[a] commercial use within a residential neighborhood that is nonresidential in its original construction and/or current use." More specifically, the Special Use Permit is to allow the Property to be utilized as an "office", which is a permitted use within a Neighborhood Commercial Establishment as set forth in Section 8.4(XXX)(b)(i). Property Background / Existing Conditions: The Property's use for commercial purposes has existed for more than half a century and pre -dates the City's comprehensive zoning. The commercial use continued thereafter as a pre- existing non -conforming use and, most recently, with approved variances. Indeed, available records and information indicate that the Property was utilized as a paint/hardware store until the early 1980s. In subsequent years, the Property was utilized for the permitted commercial operation of "Geyser Hardwood Floors" and then the non -permitted use of "The Dance Factory". In 1988, a use variance was granted by the Zoning Board of Appeals (ZBA) to allow the Property to be used for "office space", although it appears that, following an extension granted by the ZBA, that variance expired. In 1991 a subsequent use variance was granted by the ZBA for a "custom woodwork shop". Associated site plan was also approved with certain conditions, however, that was apparently never finalized and consequently expired. Law Office of M. Elizabeth Coreno, Esq. P.C. 63 Putnam Street, Suite 202 Saratoga Springs, New York 12866 On May 31, 1994, "Allerdice Rent All" received a use variance, upon a unanimous vote of the ZBA, to permit "a rental center with associated retail sale and outdoor display space and accompanying waiver of three onsite parking spaces". The ZBA noted in its decision that the Property "is unique in that the main portion of the structure was constructed for commercial purposes in the 1950s. The commercial use on the site pre-exists the zoning code." On the same date, "Allerdice Rent All" also received an area variance, also upon a unanimous vote, "for front yard setback on W. Circular Street from required 25' to 6' existing at front yard setback, on Benedict Street from 25' to 10' for parking spaces". An additional use variance was granted on March 10, 1995 to permit two 15" x 96" signs affixed to the building fagade fronting both West Circular Street and Benedict Street. Copies of the aforesaid variance approvals are annexed hereto. Since such time, the Property has continuously been used as an equipment rental center until approximately four (4) months ago when the current occupant, "TRAK Equipment Rental," closed its operation at that location. As depicted in the "street view" and "aerial" images below, the Property currently consists of a one-story structure containing approximately 5,992 sq. ft. There is paved parking located in front of the building along Benedict Street and a paved driveway leading to the rear of the property which includes the paved "outdoor display space". e Proposed Neighborhood Commercial Establishment — Office: The Applicant, a purchaser under contract, wishes to utilize the Property as an "office" intended to be occupied by a property management company. The proposed use of `office" as a Neighborhood Commercial Establishment will utilize the existing structure and convert the interior space into offices with associated file storage space. The paved "outdoor display space" will be eliminated and the existing paved surface area will be utilized for vehicle parking. There will be no structural changes required to any portion of the exterior, with only cosmetic improvements to be incorporated. As depicted in the sketch diagram below, it is anticipated that thirteen (13) parking spaces will be utilized at the Property. Approval Standards: Section 13.4(E) enumerates the six (6) criteria for which the Planning Board must evaluate the requested special use in rendering its determination, including: 1. The special use in the specific location proposed is consistent with the Comprehensive Plan and associated adopted land use policies, and the purpose and intent of this Ordinance. 2. The proposed special use will not endanger the public health, safety, or welfare. 3. The density, intensity and compatibility of the use with the neighborhood and community character. 4. Safe and efficient pedestrian and vehicular access, circulation and parking. 5. Existing and future demand on infrastructure, public facilities and services. 6. The environmental and natural resources of the site and neighboring lands including any potential erosion, flooding or excessive light, noise, vibration and the like. Here, it is respectfully submitted that the pre-existing commercial use of the Property and the proposed re -use, or adaptation, of same into an "office" is precisely the intent of Neighborhood Commercial Establishment and is, thus, consistent with the purpose and intent of the UDO which, pursuant to Section 1.3, is itself consistent with the Comprehensive Plan and will not endanger the public health, safety or welfare. The "intensity" of the proposed "office" use will be less than that of the "retail" use currently allowed. Indeed, as set forth in Table 8-A, "retail" of the size located at the Property is limited as a principal use in the UDO to only five (5) zoning districts where "office" is permitted as a principal use in ten (10) districts, or double that of "retail", recognizing its decreased impact or "intensity" and, thus, appropriateness in more areas throughout the community. Moreover, the historical nature of commercial activity at the Property establishes its compatibility with the neighborhood and community character and, as the structure and site will remain largely unchanged (except for the removal of "outdoor display space" and inclusion of parking), safe and efficient access, circulation and parking will be maintained, and there will be no significant change in the demand on infrastructure, public facilities or services, nor on any environmental or natural resources. Request for Site Plan Waiver: Section 13.4(D)(1)(d)(ii) provides that the "Planning Board may waive site plan review as a condition of a special use permit if the Planning Board determines that considerations customarily evaluated under site plan review have been appropriately considered as part of the special permit process." As indicated herein, the proposed use of Neighborhood Commercial Establishment will not require any changes to the site from its existing use, other than the removal of the "outdoor storage display" and reuse of such area for parking. As the reuse will not result in any change in the impervious, or paved, area, it is respectfully submitted that same can be fully addressed as part of the special use permit process. Alternatively, if the Planning Board is not inclined to waive site plan review, it is requested that such review be permitted to occur administratively pursuant to Section 13.5(C)(2) as the number of requested parking spaces is less than twenty (20) and as the modification to the site plan previously issued in conjunction with the 1994 variances would be considered "minor" in accordance with Section 13.5(M). Summary: As set forth in the newly adopted UDO, the allowable use of Neighborhood Commercial Establishment recognizes the appropriate circumstances in which a longstanding commercial establishment in a residential district is allowed to change or adapt to another appropriate use. The proposed change in use to allow for an "office" is specifically contemplated in the UDO and is appropriate at the subject Property. Should you require any additional information, please do not hesitate to contact me at (518) 584-9007 ext. 212. If the application is deemed to be complete, please forward on to the Planning Board members and place on the next available agenda for consideration. Thank you for your time and attention to this matter. Respectfully, Vincent J. DeLeonardis, Esq. BONACIO CONSTRUCTION INC. 3657 Vendor COMM CITY Commissioner Of Finance Trx No Invoice No Inv Date Job/Description 225563 03/29/23 1026 Bidding Expense 111 Bonacio 18 DIVISION STREET TT„„ SUITE 401 ConStrUChon C. SARATOGA SPRINGS, NY 12866 .,b= 518-584-9007 Check 3657 03/29/23 Discount Check Amount 1,250.00 0.00 1,250.00 COMMUNITY BANK, NA 50-755/213 ,--`ONE THOUSAND TWO HUNDRED FIFTY DOLLARS AND 00 CENTS*** PAY TO THE ORDER OF CHECK NO. 3657 DATE 3657 AMOUNT 03/29/23 ********1,250.00 COMMISSIONER OF FINANCE CITY HALL eeen. 474 BROADWAY A; SARATOGA SPRINGS NY 12866 AUTHORIZED SIGNATURE °qO: ors w. 1180036S?ll5 1:0 2130?SS9,: 364000369.9ut HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED!! [FOR OFFICE USE] CITY OF SARATOGA SPRINGS •, ~fin PLANNING BOARD z CITY HALL - 474 BROADWAY ` SARATOGA SPRINGS, NEW YORK 12866-2296 •'Nc�RPaRATEO . TEL: 518-587-3550 X2533 www.saratoga-sptings.org APPLICATION FOR: SPECIAL USE PERMIT Property 221 West Circular Street Address/Location: Tax Parcel #: 165.73-2-47 (for example: 165.52-4-37) Zoning District: U R-2 Proposed Nei hborhood Commercial Establishment Use: 9 Type of Special Use Permit: X Permanent ❑ Temporary ❑ APPLICANT(S)* Name Alfio Bonacio, Jr. Address 18 Division St, Suite 401 Phone (518) 584-9007 Email sonny@bonacio.com (Application #) (Date received) (Project Title) Check if PH Required Staff Review ❑ Modification OWNER(S) (If not applicant) ATTORNEY/AGENT APP Properties, LLC Vincent J. DeLeonardis, Esq. 99 Ludlow St 18 Division St, Suite 401 (518) 356-6780 (518) 584-9007 trpNZW allerdlce.com vincentd@bonacio.com Identify primary contact person: ❑ Applicant ❑ Owner B Agent * An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question. Has a previous application been filed with PB for this property? NO YES X If YES, include Application TYPE: Site Plan and DATE: 1994 Please check the following to affirm information is included with submission. ❑ Sketch Plan Attached: Applicant is encouraged to submit sketch plans showing features of the site and /or neighborhood and illustrate proposed use. © Environmental Assessment Form: All applications must include a completed SEQR Short or Long Form. SEQR Forms can be completed at http:// www.dec.ny.gov/permits/6191.html. ❑ Water Service Connection Agreement- For all projects including new water connections to the City system, a copy of a signed water service connection fee agreement with the City Department of Public Works is required and MUST be submitted with this application. Revised 8/2022 City of Saratoga Springs p. 1 of 2 Application for Special Use Permit REQUIRED ITEMS: *4 hard copies (1 w/original signature), 1 digital PDF copy of ALL materials and Fee. Application Fee: Make checks payable to the "Commissioner of Finance". REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT. Does any City officer, employee or family member thereof have a financial interest (as defined by General Municipal Law Section 809) in this application? YES NO X . If YES, a statement disclosing the name, residence, nature and extent of this interest must be filed with this application. I, the undersigned owner, leasee or purchaser under contract for the property, hereby request Special Use Permit approval by the Planning Board for the identified property above. I agree to meet all requirements under Article 13 of the Unified Development Ordinance of the City of Saratoga Springs. Furthermore, I hereby authorize members of the Planning Board and designated City staff to enter the property associated with this application for purposes of conducting any necessary site inspections relating to this application. Applicant Signature: Date: If applicant's not current oy rr, o ner st also sign. Owner Signature: _ /5 i r✓% Date 3 .30 7— 3 Check City's website (www.saratoga-springs.org) for meeting dates. City of Saratoga Springs P 2 of 2 Application for Special Use Permit City of Saratoga Springs OFFICE OF PLANNING AND ECONOMIC DEVELOPMENT FEES - 2023 Comprehensive Plan amendment $1,800 + $300/acre Zoning Ordinance amendment $800 + $300/acre Planned Unit Development (PUD) amendment $800 + $300/acre Application to Zoning Board of Appeals Use Variance $1,400 + $50/app Area Variance - Residential $350/1st var +$50/app +$150/ea add variance Area Variance - Non-residential $1000/1 st var + $50/app+ $200/ ea add varianc( Interpretations $650 + $50/app Post Work Application Fee Application Fee x 2 + $50/app Variance extensions 50% of Application fee + S50/app Application to Design Review Commission Demolition $500 Residential Structures Principal $70 Accessory $70 Extension $35 Modification $55 Multi -Family, Comm, Mixed -Use Structures Sketch $200 Principal $650 Extension $250 Modification $400 Multi -Family, Comm, Mixed -Use Accessory, Signs, Awnings Principal $150 Extension $100 Modification $150 Post Work Application Fee Application Fee x 2 Application to Planning Board Special Use Permit $1200 + $50/app Temporary Use Permit $500 Special Use Permit - extension $400 Special Use Permit - modification $550 + $50/app Site Plan Review - incl. PUD: Sketch Plan S400 per sketch Site Plan Full Residential S400 + $250/unit Non-residential S800 + $150/1000 sf I Administrative SPR Residential $400 Non-residential $800 I Extension Residential $250 Non-residential $350 Subdivision - incl. PUD: Sketch Plan S400 per sketch Preliminary Approval Residential: 1-5 lots $700 + $50/app Residential: 6-10 lots $1100 + $50/app Residential: 11-20 lots $1450 + $50/app Residential: 21+ lots $1800 + $50/app Residential - extension $350 Final Approval Residential $1,550 + $200/lot + $50/app Non- Residential $2,400/lot + $50/app Final Approval Modification Residential $400 + $50/app Non- Residential $800 + $50/app Final Approval Extension Residential $250 Non- Residential $350 Other. Lot Line Adjustment/Subdivision Administrative Actioi $400 Letter of Credit - modification or extension $400 Letter of Credit - collection up to 1 % of LoC Recreation Fee S2000not or unit Land Disturbance S750 + $35/acre Watercourse/Wetland Permit S750 SEQRA EIS Review Draft & Final TBD OPED Fees Page 1 of 1 ZONING BOARD OR APPEALS OF THE CITY OF SARATOOA 8i'I mas IN THE MATTER OF THE APPEAL HA}{$ Keitppottexrdice of Anthony R. Pennell I ! ADDRESS+ Division and Wa wor Saratoga Springs, NY 12866 from the determ9n6t10n of the building tnppoctor Involvin• S the pYoentsca, No. 221 W. Circular. Street � rcula • in the .City of 3aratoaa Sp=l�gso bseft6` 3octton 1.65.7�---3 block 7�Lot 2 on the AasettmanR Hs t P .of sold Ctt.y. WMEREASs The appalling having applied (oo:+ (X) vas Vortaato, ! ' J Area Variance. 1 Special Permit. and/or Interpretation uncles the Zoning ordinance of sand lily as amondeda and due public aotlos t�evlag bison duly gluon of a heartng or said •application held on the - j5&h. day. , 0 May' . 19 . • I WEREAS. attar due considerattoa the Board mikes the fo116wfu8resolution and ; ftndtng of teat= Use varaince.to, permit use of existing structure as a rental center with associated retail sale and outdoor display space and accompanying waiver of three onsite parking spaces, as shown on submitted plans', be granted for the following reasons: . 1. The applicant has demonstrated that this property cannot yield a reasonable financial return if used for any permissible use by providing proof as follows: The building has been consistently multiple listed since•1988. startin •at a . $300,000. It was 9 price over purchased in 1987 for $109,000 and is now at contract price to sell at $110,000 minus approximate $9,600 in associated costs, thus yielding approximately 7.25% decrease in value. 2. The applicant has demonstrated that this p y , q ' I pro art is uni ue in that the main Portion of the structure was constructed for••commercial purposes in the 1950s. I Dated o May 25 1994 The i ADOPTED by.tha following votes , AYES>f HAYS>t 7 0 MOTION CARRIES ,201410C .BOAR) Or ApPZALS OF THE CITY 0P 3ARATOCA SPRIACS, H. Y. Dater I HLIX&Y torttly the above to be a Quit, t:ue and -soirees !copy of a resolution tact tbovr a+sattontd, 7 embers' of the City e! Sssaea8a Springs on the / ms of the Board ►sing prisent, Dattt �3 n ?lf' - Sscretesy ; commercial use on the site pre-exists the zoning code.. No other structures in the general area of this site have pre-existing commercial structures constructed on them and no physical location to add three more parking spaces wiEhouttotally eliminating Benedict Street landscaping. , 3. The applicant has demonstrated that the variance requested is- the minimum variance that would alleviate the hardship in that the {{etail, rental center�is consistent with the type of structure on the site. The site cduid not bb•used for'kesidential purposes without demolition of existing buildings'. t i 4. -The use authorized by the variance will not have an .adverse iapact on the essential character of the neighborhood because'it.will use -the existing foatprint of the building. There is minimal neighborhood opposition and ttie neighbors'are indedd•pleased that both the physical building and landscape improvemer,�ts.will be made. The• Board•also notes that the Director of Transportation of the Saratoga Springs School District is•in favor of the project as it will improve the safety of students and buses. approaching and leaving the Jr. High/Sr. High Complex. Furthermore, move to issue a SEQRA Negative Declaration of -Environmental Significance on this action' , - • . .J . j Short Environmental Assessment Form Part I - Project Information Instructions for Comoletlne Part I — Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information Name of Action or Project: Special Use Permit for Neighborhood Commercial Establishment - Office Project Location (describe, and attach a location map): 221 West Circular Street, Saratoga Springs, NY 12866 Brief Description of Proposed Action: Application for Special Use Permit to allow for Neighborhood Commercial Establishment, including office and associated parking, in UR-2 District. Name of Applicant or Sponsor: Telephone: (518)584-9007 Alto Bonacio, Jr. E-Mail: sonny@bonacio.com Address: 18 Division Street, Suite 401 City/PO: State: Zip Code: Saratoga Springs New York 12866 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or feuding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: 0 ❑ 3, a. Total acreage of the site of the proposed action? 0.45 acres b. Total acreage to be physically disturbed? 0.00 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 0,45 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. 0 Urban ❑ Rural (non -agriculture) ❑ Industrial ❑✓ Commercial 0 Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page I of 3 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑� ❑ ❑❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ ❑✓ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ❑� ❑ S. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑ ❑ ❑ ❑ ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES ❑ ❑✓ 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES ❑ ❑ ❑ ❑ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ❑� ❑ ❑ ❑ Page 2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: []Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional []Welland [21 Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ❑ ❑ 16. Is the project site located in the 100-year flood plan? NO YES ❑✓ ❑ 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES ❑ ❑ ❑ ❑ ❑✓ ❑ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes,. explain the purpose and size of the impoundment: NO YES ❑ ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES ❑ ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES IZI ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Vincent J. DeLeonardis Date: 3/30/2023 Signature: Title: Attomey PRINT FORM I Page 3 of 3 EAF Mapper Summary Report 165.73-1-17 III 1-15.73-2.77.3 II 165'73-1-29 165.73.2.52 II I,165.73-1-1822_I� I` 11I 65-73-1-18.21 165.73-1-18.1 II 165.73-2-5 0 I 165.73-125 165.73-1A 9.1$dr8 iG5.73.120.2165.73-1-19.2 II = 1 Z5 73-120.1 it St Korea,. Esri nnlailanc¢, Wednesday, March 22, 2023 9:34 AM Disclaimer: The EAF Mapper Is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional Information on any EAF 1 ,; 5.7 ,_;= ?. question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources In order l5 ' -Z = 1 d5.73.2-4: to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. 165. 7:1-2-4v •165.73-2 -44 165.73 -2 -4f 65.73-2-46.21 ti5.7 I I I I I ' 165.E I -11-4 165.8 1-1 -5.21165.81.1-5.'11 n5rVEs0-laparR1db1Ad?Z6ina (Hong Konya; Esn dMap centnbtrtors. and the',GIS User Community Part 1 / Question 7 [Critical Environmental Area] Part 1 / Question 12a [National or State Register of Historic Places or State Eligible Sites] Part 1 / Question 12b [Archeological Sites] Part 11 Question 13a [Wetlands or Other Regulated Waterbodies] Part 1 / Question 15 [Threatened or Endangered Animal] Part 1 / Question 16 [100 Year Flood Plain] Part 1 / Question 20 [Remediation Site] No is Yes No No Ottawa �Aentreat Toronto o ;a1 Pin d., _,ncrnrs>Icr I , `ahem Detroit - soatat GlrrowwsA Prwrdence New York C tm[�.a Pntshmp Phlladelphi EMEP]YP P1FCm1 Esn Japan t:fen; Esli China (Haong Kon.4, Esn IHglmCpelSE eett lap con1:nb��„11 Qie GIS User Community Digital mapping data are not available or are incomplete. Refer to EAF Workbook. No Short Environmental Assessment Form - EAF Mapper Summary Report l ' 1t2:X�Ulii;; T1IE i ZONING BOARD OR APPEALS OF TIIE CITY OF SARAT00A 3PAIN03 IN THE MATTER OF 711E APPEAL Wallace Allerdice of NJV1E Keith Potter Anthony R.-Fennell ADDRESS+ Saratoga Springs, NY 12866 i iron the determtnation of the Building inspector Involvtna the;premisas, No. W. Cilars blockck street a the city of Ssratoga •Springs.P belinj 34ctton 165.73 _rcu47 Lot 2 on the Assessment Map Of -said C'tty� WHEREAS. The appellant having ppliefor, a • ad ( ) use V4.1riancis U x) Area Vortance. spatial Parrott. and/or ( interpretation under !the toning Ordinance of said City as amendedo and due public gotlec havtnSibean duly jtvon of a heartng on said epPticattan held on the ? day `of _Mau 19 94. WHEREAS, after due consideration. the Board +raises the followln'6 resolution and finding of fact, Area variance for -front yard setback* W. Circular Street from required 251 to 61 existing at front yard setback, on Benedict Street from 25, to 101 for parking spaces 1 and 2, as shown on submitted plans, be granted for the following reasons: I. The applicant has demonstrated practical difficulty that would result in significant economic injury if the variance were not granted because the only way to meet setbacks would be -to physically move the existing building. 2. The applicant has demonstrated that this action is the minimum variance that would alleviate the hardship in that only existing setbacks, are requested. 3. The granting of this -area variance will not have an adverse impact'gn the essential character of the neighborhood because the building has existed in' its present location Cacad. May 25 t9 94 ' ADOPTED by the =olloutng.votet AYESt NAYSt 7 0 MOTION CARRIES ZONING BOARD.OF iPPEALS OF THE CITY Of SARATOCA;SPRIAGSe N. Y. Dater •^, � A;— � 1 KtxtiY Bart t h y the above to be a full.* true* onds91reg espy o f a duly adopted by.the toning board of Appesis of the City of aag�teaogOrinssronolutthoion rate above Asntiortdj �+ +,err+0e:s of the board being present. D:tee / Secretary i•; . for man ears g Y years, prior to zoning code enactment in the City of Saratoga Springs. TIII:. Z0141m. BOARD (.)I: APPEALS SARNI'Ot tii'I11Nt;S. NY iLlt6l, `t • o •'�h a S S t IN THE MATTER OF THE APPEAL' OF Name: Allerdice, Potter & Pennell . Address: Division and Walworth Street Saratoga Springs, NY 12866 from the determination of the Building Inspector involving the premises, 221 W. Circular Street, in the City of Saratoga Springs, NY, being Section 165.73_, Block 2 , Lot 47 on the Assessment Map of said City, WHEREAS, the appellant having applied for a (XI Use Variance, ( I Area Variance, ( I Extensions of Time, and/or ( I Interprotation under the Zoning Ordinance of said City as amended, and due public notice having been duly given of a hearing on said application held on the 8th day of March 29 95. WHEREAS, after due consideration, the Board makes the following resolution and finding of fact: Use variance to permit two 1S"x96,, signs peasons: affixed to the building, as shown on amended plans, be granted for the following I. The applicant has demonstrated that this property cannot yield a reasonable financial return if used for any permissible use by providing proof as follows: The signs are needed because the building is located within a residential district, on a corner, and near a busy school. The applicant has provided compelling evidence that the signs are necessary to adequately identify the building and its use. 2. The applicant has demonstrated that this property is unique in that it is situated in a residential district on a corner lot. 3. The applicant has demonstrated that the variance requested is the minimum variance that would alleviate the hardship. 4. The use authorized by the variance will not have an adverse impact on the essential character of the neighbrohood because the location proposed has been commercial in nature for more than twenty years and no neighbors have voiced opposition to this application. Furthermore, move to issue a SEQRA Negative Declaration of Environmental Significance on this action. Dated: March 8 19 95 ADOPTED by the following vote: s AYES: NAYS: 6 o MOTION APPROVED ZONING BOARD OF APPEALS OF THE CITY OF SARATOGA SPRINGS, NY Date: irman I hereby certify the above to be a full, true, and correct copy of a resolution duly adopted by the Zoning Board of Appeals of the City.of Saratoga Springs on the date above mentioned, y 6 members of the Board being -present. Date: t Secretary '�— • TQG4 s, 9 QIt#V of �araloga �rutg Q Zn rimm ing pmb >' N a tv dell Z puldega Pprinp, peto mark L28£6 V � 587-3550 APPLICATION FOR erns Pour Rsv=Es 1. Name of Projects Just Ask Rental Center 2. Project Data: -Locations 221 West Circular Street, Saratoga Springs, NY 3/92 -Current Zoning: Urban Residential-2 -Proposed Uses Rental Center (Commercial) s -Zoning Variance Granted (if any): Use Variance/Area Variance -Tax Parcel Numbers 165.73-47-2 3. Hum of Professional Representing the Applicants David Carr, Jr., LA -Designer of site Plans NAM The LA Group, P.C. ADDRBSSs 40 Long Alley Saratoga Springs, NY TELEPROM 587-8100 -Engineer Designs Systems NANB s Tl�e LA Group, P.C. ADDRE8Ss 40 Long Alley Saratoga Springs, NY TMPgON31 587-8100 4. Environmental Assessment Form Attached: ( X) yes ( ) no All applications must be accompanied by a•tompleted SBQR Short Form. S. Application Fee Enciosede ( X) yes ( ) no TOTAL - $ 200.00 A check payable to the "City of Saratoga Springs" must accompany this application. Resideatials 1-20 units - $100.00 21-50 units - 200.00 51 + units - 400.60 Non Residentials 0-20,000 sq. ft. - $200.00 20,000-49,990 sq. ft. - 300.00 500000 + eq. ft. - 500.00 6. Staff Review Fee Enclosed ( X) yea ( ) no TOTAL - $ 500.00 A check payable to the "City of Saratoga Springs" must accompany this application Tyne of •Asialications Amount of Initial Racrow Reauired Site Planes Sketch Plan Discussions 0200.00 Final Approval 500.00 7. Cost•Estimatee.for Letter of Credit Encloseds (X ) yes ( ) no S. subasit Twelve t121 cogs_of all Plans: All sheets must be 24" ; 36" 9. All applications are dud ichres (3) u6eke prior to the first Wednesday of the month. I, the undersigned, the owner or purchasee under contract of the property, hereby request Site Plan approval by the Planning Board of the above identified property. I agree to meet all requirements under Section 240-S.4 of the Zoning Code of the City off Saratoga springs. DATBs 6/14/94 SIGNBDs � �';e NAIMI Wallace Allerdice ADDRESSs Division Street ara a r a siteapp TELEPRONEs { k tr• to•4 tLen/)— t t:st tL PROJECT I.D. Nt;MSER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1--PROJECT INFORMATION (To be completed by Applicant Or Project sponsor) 1. APPUCA14T /SPONSOR 2. PROJECT NAME Wallace Allerdice, Just Ask Rental Center s. PROJECT LOCATION: Municipality City of Saratoga Springs County Saratoga 4. PRECISE LOCATION (Strad address and road Intersectiom prominent landma fcs. etc., or provide map) 221 West Circular St. The corner of West Circular and Benedict Street S. IS PROPOSED ACTION: ® New ❑ Expansion ❑ ModlficatloWalteration 6. DESCRIBE PROJECT BRIEFLY: The project consists of the modification of an existing 6,000 sf building into a rental store with eight proposed off-street parking spaces. 7. AMOUNT OF LAND AFFECTED: Initially 0.45 acres Ultimately 0.45 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? . ® Yes ❑ No It No. describe briefly The proposal has received a use variance from the City of Saratoga Springs Zoning Board of Appeals 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ® Residential ❑ Industrial ®Commercial ❑ Agriculture ❑ PafwForesvopen space Bother Describe: Woodworking Shop,. Single Residential, School 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAU? ❑ Yea ® No If yes. list agency(s) and permittapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ® Yes ❑ No if yes. list agency name and permit/approval The City of Saratoga Springs Zoning Board of Appeals —Use Variance —Area Variance 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Wallace Allerdice Date: 6/14/94 Signature: v �- '.'1/ It the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 v fn fn 1 m z LANDS NOW OR FORMERLY OF p GEORGE H. AND CLAIRE L, BECKTOFT BOOK 715 OF DEEDS PAGE 43 rrArAW Atl? 14f4c V _ S (1w/ LANDS NOW OR FORMERLY OF SCOTT A. AND MARY E. MUNDAY e BOOK 1305 OF DEEDS, PAGE 380 MACAD. DRIVEWAY IIDRILEYiAY PTO' Fr lXYAw Atl 14f7.-1-dO 0.2'1- ENCROACENT GARAGE If 5 825e29' E 150.00' '• ` + { O /,I x J / rx��•X' o R. WW dWN WK RTJC[ O • 1jQ1 W t'. « I o 0.W± GARAGE ✓". w� ENCROACHMENT r A x t e m) �I Y LANDS OF % LANDS NOW OR FORMERLY OF 6 ; WALLACE ALLERDICE ( R0°` °`°"'y0 AND KEITH POTTER ^ a d RICHARD A. AND WF_NDY L. BEST Y = eooK 919 of DEEDS, PACE 1175 i> ANTHONY R. PENNELL I a rrrAWAt? /"Zr--.A-ne BOOK 1302 OF DEEDS, PACE 31 Y 44rAIAPAV I O Z 14fZr�v-4V g J a s AREA =Ix � a j f 19,759f So. FT. Y < CI u. + ^ $ •Y CONC. . BLOCK BUILDING ram, r 1 ROOF OV RHANO . I .................. ... LANDS NOW CR ' ' WOW Muc FORMERLY OF ! QWAM LEE AND MARIAN WHALEN S.'• o tl/ ; 80OR 1025 OF 0E-EDS PAGE 148 ICJ •1 74.,• 1 STORY rcrAWIA? AffZ9-.A-16 AWD BUILDING y� • �, • .~ ° ROOF --- GvuaAHC MACADAM ,,� - f .� V ••PARKLNG AREA , et.O' - r !� : •• - OYOtlIAN4 4 • 4 R. 1WE ROOF Ova"" « '• 3 � Y • •�'+ y• ti APPIIOL 140 R. W THE WFS7ptY+ �• •' _ • •.._wM r. r L Vw .� •42 WE N 839150.0- �'77-. 1l+E Ot H19E oT V .RARKAMM OO AREA• ! � •u ,W h O R. VICE OW WNX y t �i r+ 1l .y. RI T O50 . GH F WAY - FT a WIDTH OF PAVEMENT 22 FL- ��• `� . v .✓ i , .. -•`:"-. WEST' _ - CIRCULAR _. _... .. - .STREET - _ ... Imo.. . . &Momunmu grYn covc. WALK NYT 20 MAP REFERENCE: 1.) MAP ENTITLED, -SUBDIVISION OF LANDS OF MA7THEW J. JONES DATED JULY 6, 1969. LAST REVISED ON JULY 24. 1990, MADE BY PAUL F. TOMM£LL, P.L.S. AND FILED IN THE SARATOGA COUNTY CLERK'S OFFICE ON AUGUST 24. 1990 IN MAP DRAWER J, MAP NO. 44. I HEREBY CERTIFY TO: 1-) WALLACE ALLERDICE, KEITH POTTER AND ANTHONY R. PENNELL 2•) FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK THAT THI P WAS PREPARED FROM AN ACTUAL FIELD SURVEY MADE IN ACCORD CE " TH EXI NG CODE OF PRACTICE ADOPTED BY THE NEW!kYKATE OCI + N OF PROFESSIONAL _AND SURVEYORS. . SURVEY OF LANDS OF WALLACE ALLERDICE, KEITH POTTER and ANTHONY R. PENNELL CITY OF SARAOTGA SPRINGS SARATOGA COJNTY, NEW YORK (INSIDE DISTRICT) SEPTEMBER 21, 1994 SCALE: 1INCH = 20 FEET l TOWELL, - L.S. �B 4 ptSti PROFESSIONAL LAND SURVEYOR*' A�, PAUL F. TOMMELL 469 BROADWAY - SARATOGA 5M M t.YW YOhiX 12WO P.L.S. UC. NO. 49.192 PHONE.(ase) x7-at4v FAX- ae (sse) 7-72a1 MAP NO. 94037.02 nll I !•