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Home My WebLink About20230335 9 Clark Zoning Interpretation OtherSaratoga Collection LLC 9 Clark Street Saratoga Springs ZBA: Interpretation July 10, 2023 UR-3 Acquired 2019 Inspection revealed no C/O for the 4th unit INTERPRETATION 4th Unit 5 Points neighborhood 1979 third house removed to make more parking for 9 Clark 9 Clark (left) 11 Clark (right) 1979 demolition Originally 4 structures on site Subject Property Duplex Additional house Garage Variance History 1983 Variance granted to “convert 3 family apartment building into a 4 family apartment building.” 4th unit constructed – but didn’t get building permit. *** USE of 4th granted Skipped step of permit and CO Continued occupancy “it is basic that a variance runs with the land and absent a specific time limitation, it continues until properly revoked.” St. Onge, NY Ct of Appeals case 1988. 1983 Decision has no time limitation 1973 Zoning Code – no provisions relating to expiration Decision for variance stands City Time Limitations - history 1973 Code In effect when decision granted No provision relating to time limitations Congress Gas 1973 variance to construct gas station (Lake/Gilbert) 1986 site work commenced 1987 site plan approval & well 3 months after site plan, building permit denied because of LL enactment which mandated the expiration of variances that did not have building permits & construction commencement. City council was blocking construction. Court directed building permit be issued 1987 expiration provisions “obtaining the necessary building permit and begin actual construction or comply with the conditions of the authorization within one year.” City Time Limitations – history (continued) CURRENT UDO: DECISIONS: Add requirement of building permit Mr. Biffer Letter Incorrect analysis Key to defect is timing 1992 letter Cites 1987 requirement- which was not retroactive & inapplicable to 1983 decision Code in effect when variance granted is applicable Shaw Letter Defect: no building permit! Interpretation 1983 Variance granted Case law is clear – variances run with the land absent specific duration No duration in the decision document No duration limitations in the code Actual construction and use began Variance has not expired (but C/O is necessary) Saratoga Collection LLC 9 Clark Street Saratoga Springs ZBA: Interpretation July 10, 2023