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HomeMy WebLinkAbout20230559 1 Station Lane Mixed Use ApplicationHANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" 1' f. CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS I ,, i CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 21 TEL: 518-587-3550 X2533 www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPL.ICANT(V' West Station, LLC Name 2 Moore Avenue Address Saratoga Springs, NY 12866 Phone ( 518) 796-3716 / Email russellfaden@yahoo.com Primary Contact Person: Applicant OWNER(S) (Ifnot applicantl run urrIuc uocl Application #) Date received) Project Title) Check if PH Required Staff Review ATTORNEY/AGENT Lansing Engineering 2452 State Route 9, Ste 301 Malta, NY 12020 518) 899-5243 / x104 ysl@lansingengineering.com OwnerAttorney/Agent An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question. Applicant's interest in the premises: ID Owner Lessee Under option to lease or purchase PROPERTY INFORMATION NW Corner West Ave & Station Lane 165 2 76.2 1. Property Address/Location Tax Parcel No.: - - 9/8/17 2. Date acquired by current owner: Vacant 4. Present use of property: for example: 165.52 — 4 — 37) T-5 3. Zoning District when purchased: " NC 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? Yes (when? For what? 0 No 7. Is property located within (check all that apply)?: Historic District 0 Architectural Review District 0 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: The project proposes the development of a 4-story mixed -use building that includes basement level parking, mixed -use residential, restaurant, and commercial space on the first floor, and residential rental units on the second through fourth floors. 9. Is there an active written violation for this parcel? Yes ID No 10. Has the work, use or occupancy to which this appeal relates already begun? Yes Q No 11. Identify the type of appeal you are requesting (check a// that apply): INTERPRETATION (p. 2) VARIANCE EXTENSION (p. 2) USE VARIANCE (pp. 3-6) 13 AREA VARIANCE (pp. 6-7) Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 6 AREA VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): UDO Article 4.4 Table 4-C The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements Dis_bict Requirement Min. Build -Out Percentage Abutting any Public Right -of -Way 70% Other: Requested 61.8% To grant an area variance, the ZBA must balance the benefits to the applicant and the health, safety, and welfare of the neighborhood and community, taking into consideration the following: 1. Whether the benefit sought by the applicant can be achieved by other feasible means. Identify what alternatives to the variance have been explored (alternative designs, attempts to purchase land, etc.) and why they are not feasible. See attached Addendum "A" 2. Whether granting the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Granting the variance will not create a detriment to nearby properties or an undesirable change in the neighborhood character for the following reasons: See attached Addendum "B" Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATIDN FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: See attached Addendum "C" 4. Whether the variance will have adverse physical or environmental effects on neighborhood or district. The requested variance will not have an adverse physical or environmental effect on the neighborhood or district for the following reasons: See attached Addendum "D" 5. Whether the alleged difficulty was self-created (although this does not necessarily preclude the granting of an area variance). Explain whether the alleged difficulty was or was not self-created: See attached Addendum "E" Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM DISCI OSHRF PAGE B Does any City officer, employee, or family member thereof have a financial interest (as defined by General Municipal Law Section 809) in this application? 0 No Yes If "yes", a statement disclosing the name, residence and nature and extent of this interest must be filed with this application. APPLICANT CERTIFICATION I/we, the property owner(s), or purchaser(s)/lessee(s) under contract, of the land in question, hereby request an appearance before the Zoning Board of Appeals. By the signature(s) attached hereto, I/we certify that the information provided within this application and accompanying documentation is, to the best of my/our knowledge, true and accurate. I/we further understand that intentionally providing false or misleading information is grounds for immediate denial of this application. Furthermore, I/we hereby authorize the members of the Zoning Board of Appeals and designated City staff to enter the property associated with this application for purposes of conducting any necessary site inspections relating to this appeal. 7/ 2 0Z Date: applicant signature) Date: applicant signature) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature:.. Date: Date: Revised 01 /2021 CITY OF SARATOGA SPRINGS i ZONING BOARD OF APPEALS rn Cis Hai , - 474 r3road way Sara oga Sp-rE*.gy, New-Yorkl12866 TeL. 518-587-3550 X2533a ORAWD ' wwwsa-a fvga -spri gy.org INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/ORVARIANCE EXTENSION APPLICATION REQUIREMENTS 1. ELIGIBILrry: To apply for relief from the City's Zoning Ordinance, an applicant must be the property owner(s) or lessee, or have an option to lease or purchase the property in question. The Zoning Board of Appeals (ZBA) shall not accept any application for appeal that includes a parcel which has a written violation from the Zoning and Building Inspector that is not the subject of the application. 2. COMPLETE SUBMISSIONS: Applicants are encouraged to work with City staff to ensure a complete application. The ZBA will only consider properly completed applications that contain I original and I digital version of the following: Completed application pages I and 8, the pages relating to the requested relief (p. 2 for interpretation or extension, pp. 3-5 for use variance, pp. 6-7 for area variance), and any additional supporting materials/ documentation. "HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" M Completed SEQR Environmental Assessment Form — short or long form as required by action. http://www.dec. ny.gov/docs/permits_ej_operations_pdf/seafpartone. pdf Detailed "to scale" drawings of the proposed project — folded and no larger than 24"x 36". Identify all existing and proposed structures, lot boundaries and dimensions, and the relationship of structures to the lot dimensions. Also, include any natural or manmade features that might affect your property (e.g., drains, ponds, easements, etc.). Photographs showing the site and subject of your appeal, and its relationship to adjacent properties. 3. APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance". REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT. Check City's website (www.saratoga-springs.org) for meeting dates. Revised 01/2021 AO—h" LANSINO ENGINEERING, PC West Ave - Site Plan Area Variance Application - Addendums July 14, 2023 ADDENDUM "A" 2452 STATE ROUTE 9 SUITE 301 MALTA, NY 12020 T [51 BJ B99-5243 F [51 B] 899-5245 1. There are no other feasible means by which the benefit may be achieved. A NYSDEC regulated wetland and the associated 100' wetland adjacent area are present on the western portion of the project parcel. The wetland and adjacent area cover 0.552-acres 27.6%) of the 2.00-acre parcel and 92.4 linear feet (LF) (24.9%) of the 371.8 LF of frontage along Station Lane. The City of Saratoga Springs Planning Board has reviewed the project and indicated that any impacts to the NYSDEC wetland or the adjacent area are unfavorable, that there shall be no new driveways constructed to provide access to the site from West Ave, and that any driveway constructed on Station Lane should be located as far from the intersection with West Ave as possible. The applicant initiated a discussion with the owners (West Doctors, LLC) of the medical facility on the adjacent parcel to the north to explore the possibility of constructing a shared driveway to provide access from West Ave to both the medical facility and the project parcel. An agreement could not be reached with the adjacent landowner. There is no direct connection between the project parcel and the adjacent parcel to the west (known as the Station Lane Apartments) that can be made without significant impacts to the NYSDEC wetland and 100' adjacent area. As a result, the proposed site driveway must be in the location shown on the current site plan. At a minimum, the site driveway must be 24' wide per the NYS Fire Code to provide adequate fire apparatus access. The wetlands, adjacent area, and driveway therefore occupy 116.4 LF of frontage along Station Lane, leaving 255.4 LF of frontage for the new building. Per Section 4.4.A Table 4-C of the Unified Development Ordinance (UDO), the minimum build -out percentage for the building abutting any public right-of-way is 70% of the 371.8 LF along Station Lane, or 260.3 LF. Since there are only 255.4 LF of frontage remaining after the wetlands, adjacent area, and driveway are accounted for, there are no feasible means to meet the minimum 260.3 LF build -out without the requested variance. Further, it should be noted that there are 279.4 LF of buildable frontage (total frontage less the NYSDEC wetlands and adjacent area) along Station Lane. As proposed, the building (230 LF along Station Lane) will occupy 82.3% of the buildable frontage. ADDENDUM "B" 2. Granting the requested variance will not create a detriment to nearby properties or an undesirable change in the neighborhood character. The portion of the proposed building along the West Ave frontage will exceed the minimum build -out percentage requirements of the UDO. The requested variance is for the portion of the building along Station Lane. The parcel on the south side of Station Lane is currently vacant and there is an existing NYSDEC wetland on that parcel that extends approximately 600' west toward the train station that will likely prevent any future development on the south side of the road and in the immediate vicinity of the project parcel. The adjacent parcel to the west (Station Lane Apartments) was granted a similar variance pertaining to the required build -out percentage that was also due to the presence of NYSDEC wetlands. Granting the requested variance will allow the project to remain consistent with the adjacent development while avoiding impacts to environmentally sensitive areas. ADDENDUM "C" 3. The requested variance is not substantial as the proposed build -out percentage along Station Lane has been maximized to the greatest extent possible. The requested build -out percentage is 61.8% (230 LF) compared to the required 70% (260.3 LF). The variance will help to ensure that impacts to environmentally sensitive areas will be avoided while also providing adequate room for the proposed driveway, a vegetated area between the driveway and the western exterior of the new building, and adequate space for residents to turn their vehicles into and out of the basement level parking area. ADDENDUM "D" 4. The requested variance will not have an adverse physical effect on the neighborhood or district. The requested variance will allow the proposed driveway to be located on Station Lane, which is the location that is preferred by the City Planning Board. Locating the driveway on Station Lane, which is only possible with the requested variance, will allow turning movements on West Ave to remain as they currently are without the addition of a new driveway. The requested variance will act to reduce the adverse physical effects on the neighborhood because it will allow the traffic patterns in the neighborhood to remain as they currently are. Additionally, a similar variance was granted to the adjacent Station Lane Apartments development, so the requested variance will allow the proposed project to be consistent with the build -out percentage requirements in areas where there are existing environmental constraints. The requested variance will not have an adverse environmental effect on the neighborhood or district. The requested variance will allow the project to avoid impacts to the NYSDEC wetland 100' adjacent area that is located on the project parcel west of the proposed building while complying with the development requirements set forth by the City Planning Board. ADDENDUM "E" 5. The alleged difficulty is not self-created. The developable area of the parcel along the Station Lane frontage is restricted by the existing NYSDEC wetland and the associated 100'. adjacent area, which occupy 92.4 LF of frontage along the western portion of the parcel. The NYSDEC wetland and 100' adjacent area are natural environmental features that were not self- created. The requirements for the driveway location that have been established by the Planning Board will minimize the potential for traffic -related impacts caused by the project to West Ave, however the requirement to locate the driveway on Station Lane further reduces the buildable frontage available to the project by an additional 24 LF. The combined effects of the wetlands and driveway requirements prevent the project from complying with the minimum build -out percentage requirements. The proposed building will provide the greatest build -out percentage that is feasible while still providing access to the site and avoiding impacts to environmentally sensitive areas. Therefore, the alleged difficulty is not self-created.