HomeMy WebLinkAbout20230396 402 Lake Ave stewarts Area Variance previous approval CITY OF SARATOGA SPRINGS Keith Kaplan,Chair
Brad Gallagher, Vice Chair
i, ZON ING BOARD OF APPEALS Terrance Gallogly
0 ,1_ Cheryl Grey
s;
f CITY HALL-474 BROADWAY Matthew Gutch
SARATOGA SPRINGS,NEW YORK 12866 Gage Simpson
a Emily Bergmann
518-587-3550
OFA ��, WWW.SARATOGA-SPRINGS.ORG
#2020020
IN THE MATTER OF THE APPEAL OF
Stewart's Shops Corp.
402 Lake Avenue
Saratoga Springs, NY 12866
from the determination of the Building Inspector involving the premises at 402 Lake Avenue in the City
of Saratoga Springs, New York being tax parcel number 166.-3-26 on the Assessment Map of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit the
construction of a new commercial structure and gasoline fueling canopies in a Rural Residential (RR)
District and public notice having been duly given of a hearing on said application held on the 13th day
of September 2020 through the 27th day of September, 2021.
In consideration of the balance between benefit to the applicant with detriment to the health, safety
and welfare of the community, I move that the following area variances for the following amount of
relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF
REQUIREMENT REQUESTED
MINIMUM FRONT YARD SETBACK 60 ft 30 ft 30 ft (50%)
SIDE YARD SETBACK(SOUTH) 30 ft 19 ft 11 ft (36.7%)
TOTAL SIDE YARD SETBACK 100 ft 84 ft 16 ft (16%)
MINIMUM PERMEABILITY 80% 32% 48% (40%)
MAX SIZE OF SIGNS(X 2 PER THE 2005 VARIANCE) 10 sq ft x2 signs 17 sq ft X2 signs 7 (70%) each
as per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The applicant has demonstrated that this benefit cannot be achieved by other means feasible to
the applicant. The applicant would like to construct a new convenience store with two gasoline
canopies, which will replace similar existing structures on the applicant's property. Per the
applicant, several designs were considered for the construction of the new structures and the
proposed design was chosen as the most effective and efficient based on the dimensions of the
applicant's property, as well as the need to accommodate incoming and outgoing traffic from
the property. With respect to the variance for the signage, the applicant notes that the proposed
signs will replace the existing signs on the principal structure and will have the same dimensions
as the existing signs.
2. The applicant has demonstrated that granting these variances will not create an undesirable
change in neighborhood character or detriment to nearby properties. The applicant notes that
the proposed structures will replace the existing structures on the applicant's property and will
serve the same commercial purposes as the existing structures. In addition, per the applicant,
the proposed structures have been designed to be more architecturally and aesthetically
modern. Finally, the applicant notes that the overall redesign of the applicant's property,
including the reconfiguration of the property's vehicle entrance and exit points, will have a
significant beneficial effect on the neighborhood by allowing motorists to more safely enter and
exit the property. The proposed plan is consistent with the recommendations of a traffic study
and is intended to improve access to the Property as well as the Lake Avenue, Weibel Avenue
intersection.
3. The Board notes that a significant portion of the requested variances are substantial. However,
the Board notes that the relief requested is mitigated by its nature and its overall relative small
impact on the neighboring properties, as discussed above.
4. This variance may not have a significant adverse physical or environmental effect on the
neighborhood or district. The permeability of the applicant's property will be reduced to 32%,
which is below the district requirement. However, the Board notes that the relief requested is
mitigated by the fact that the property's existing permeability is 43%, such that the reduction is
less significant.
5. The alleged difficulty is considered self-created insofar as the applicant desires to construct a
new convenience store with two gasoline canopies. However, this is not necessarily fatal to the
application.
Notes:
• Saratoga County Planning board finding of no significant county wide or intercommunity
impact, May 26, 2020.
• New York State Parks, Recreation and Historic Preservation review of no impact, September 15,
2020.
• Saratoga Springs Planning Board negative SEAR declaration, July 29, 2021.
• Application needs DRC review and approval.
It is so moved, September 27, 2021
Adopted by the following vote:
AYES: 5 (K. Kaplan, B. Gallagher, C. Grey, G. Simpson, J. Daley,)
NAYES: 0
RECUSED: 1 (M. Gutch)
Dated: September 27, 2021
This variance shall expire 18 months following the filing date of such decision unless the necessary
building permit has been issued and actual construction begun as per 240-8.5.1.
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, four members
of the Board being present.
SIGNATURE: 09/28/2021
CHAIR DATE RECEIVED BY ACCOUNTS DEPT.