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Home My WebLink About20230946 Weibel Ave Rear Interpretation Application"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" Via` " sal CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS x 'J. CITY HALL -474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 TEL:518-587-3550 X2533 www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION [FOR OFFICE USE] (Application #) (Dale received) (Project Title) Check if PH Required Staff Review APPLicANT(s)* OWNERfs) (lfnotaoo/icand ATTORNEY/AGENT Name Acre 16 LLC Justin M. Grassi, Esq. Address 518-587-0080 Phone Email j grassi@saratogalaw.com Primary Contact Person: Applicant Owner ZAttomey/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: 0 Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION Weibel Ave Rear I. Property Address/Location: August 8, 2023 2. Date acquired by current owner. Vacant Land 4. Present use of property: 153 1 18 Tax Parcel No.: - - (fore p/e: /6SS1-4-37) Weibel Plaza PUD 3. Zoning District when purchased: Weibel Plaza PUD S. Current Zoning District: 6. Has a previous ZBA applicationlappeal been filed for this property? ❑ Yes (when? For what? 0 No 7. Is property located within (check all that apply)?: ❑ Historic District ❑ Architectural Review District 0 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed anion: Interpretation appeal of attached October 17, 2023 interpretation of the Zoning and Building Inspector concluding that: "The property is zoned Weibel Plaza PUD and has not formally reverted to the previous zoning. There is a pending application before City Council to extend the expiration date and to include additional uses". 9. Is there an active written violation for this parcel? ❑ Yes 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes 11. Identify the type of appeal you are requesting (check a// thatapp/ ): I'M 0 INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USEVARIANCE (pp. 3-6) ❑ AREAVARIANCE (pp. 6-7) Revised 01/202 t ZON/NGBOARO oFAPPEAsA-HI Tlcw FIRM PAGE2 —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): I. Identify the section(s) of the Zoning Ordinance for which you are seeking an interpretation: C.5-Weibel Plaza Planned Unit Development - Section A Expirations Section(s) 2. How do you request that this section be interpreted? The PUD legislation speaks for itself. In no uncertain terms, the "Planned unit development zoning approval shall expire if PUD site plan approval for the first building In Zone B is not granted on or or before July 1, 2012. The zoning for this site shall revert to the zoning districts in existence for this site at the time of the enactment of the legislation." By operation of law, on July I, 2012 this site reverted to the prior zoning since no site plan approval had been granted. The only event which needed to occur was the passing of July 1, 2012 without site plan approval, which has occurred. The zoning has 3. If interpretation is denied, do you wish to request alternative zoning relief? MYes El No therefore already reverted to 4. If the answer to #3 is "yes," what alternative relief do you request?m Use Variance ❑ Area Variance a zoning district which does not exist. EXTENSION OF VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 1. Date original variance was granted: 2. Type of variance granted? ❑ Use O Area 3. Date original variance expired: 5. Explain why the extension is necessary. Why wasn't the original timeframe sufficient? When requesting an extension of time for an existing variance, the applicant must prove that the circumstances upon which the original variance was granted have not changed. Specifically demonstrate that there have been no significant changes on the site, in the neighborhood, or within the circumstances upon which the original variance was granted: Revised 01R021 ZONING BOARD OFAPPEALSAP cx new FORM PAGES USE VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): A use variance is requested to permit the following: For the Zoning Board to grant a request for a use variance, an applicant must prove that the zoning regulations create an unnecessary hardship in relation to that property. In seeking a use variance, New York State law requires an applicant to prove all four of the following 1.test,. I. That the applicant cannot realize a reasonable financial return on initial investment for any currently permitted use on the property. "Dollars & cents" proof must be submitted as evidence. The property in question cannot yield a reasonable return for the following reasons: A. Submit the following financial evidence relating to this property (attach additional evidence as needed): 1) Date of purchase: Purchase amount: $ 2) Indicate dates and costs of arty improvements made to property after purchase: Date Improvement Cost 3) Annual maintenance expenses: 5) Annual income generated from property: 6) City assessed value: 7) Appraised Value: Appraisal ReNsed 0112021 4) Annual taxes: $ Equalization rate: Estimated Market Value: $ Appraiser. Date: ZON/NGBOAROO APPfi1LSAPP 77GN FORM PAcF4 B. Has property been listed for sale with ❑Yes If "yes", for how long? the Multiple Listing Service (MLS)? IQNo 1) Original listing date(s): Original listing price: $ If listing price was reduced, describe when and to what extent: 2) Has the property been advertised in the newspapers or other publications? If yes, describe frequency and name of publications: ❑Yes [-]No 3) Has the property had a "For Sale" sign posted on it? ElYes ❑ No If yes, list dates when sign was posted: 4) How many times has the property been shown and with what results? 2. That the financial hardship relating to this property is unique and does not apply to a substantial portion of the neighborhood. Difficulties shared with numerous other properties in the same neighborhood or district would not satisfy this requirement. This previously identified financial hardship is unique for the following reasons: Revised 01/2021 ZONING BOARD OF APPE 1 L S APPLICATION FORM PAGES 3. That the variance, if granted, will not alter the essential character of the neighborhood. Changes that will alter the character of a neighborhood or district would be at odds with the purpose of the Zoning Ordinance. The requested variance will not alter the character of the neighborhood for the following reasons: 4. That the alleged hardship has not been self-created. An applicant (whether the property owner or one actingon behalf of the property owner) cannot claim "unnecessary hardship" if that hardship was created by the applicant, or if the applicant acquired the property knowing (or was in a position to know) the conditions for which the applicant is seeking relief. The hardship has not been self-created for the following reasons: Revised 01/2021 ZON/NGBOARD oFAPPE APPVG new FO PAGE 6 AREA VARIANCE— PLEASE ANSWER THE FOLLOWING (add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested To grant an areavariance, the ZBA must balancethe 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. 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: Revised 01P021 ZONING BOARD OFAPPE sAPP cipoNPoRN PAGE? 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: 4. Whether the variance will have adverse physical or environmental effects on neighborhood ordistrittThe requested vanancewillnot have an adverse physical or environmental effect on the neighborhood or district For the following reasons: 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: Revised 01/2021 Z0NGV6BOARD OFAPPEALSAPPVC477cw FoR f DlscLosuRE PACE 8 Does any City officer, employee, or family member thereof have a financial interest (as defined by General Municipal Law Section 809) in this application? m No Yes If "yes", astatement 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 purchwer(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. !! Nov 2, 2023 Ben Aronson (Nov 2 202314:31 EDT) Date: ap cants nature) Date: �UV Z 7 Vo o (ap olim signature) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature: Revised 0112021 Date: ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING APPLICANT: ACRE 16LLC TAXPARCELNO.: 153.1-18 PROPERTY ADDRESS: WEIBEL AVENUE REAR ZONING DISTRICT: WEIBEL PLAZA PLANNED UNIT DEVELOPMENT (PUD) This applicant has applied to use the identified property within the City of Saratoga Springs for the following: Use variance to permit warehouse, distribution Plant, and wholesale establishment within the Weibel Plaza Commercial PUD. This application is hereby denied upon the grounds that such use of the property would violate the Unified Development Ordinance article(s): Article 3, 4, 5 or 8. As such, the following relief would be required to proceed: D Extension of existing variance Q Interpretation Q Use Variance to permit the following: warehouse, distribution Plant, and wholesale establishment within the Weibel Plaza Commercial PUD ❑ Area Variance seeking the following relief: Dimensional Requirements From To Note: The property is zoned Weibel Plaza PUD and has not formally reverted to the previous zoning. There is a pendinggRRlication before City Council to extend the expiration date and to include additional uses O Advisory Opinion required from Saratoga County Planning Board 10/I7/2023 ZONING AND BUILDING INSPECTOR DATE CITY OE SARATOOA SPRINDS ZONIND ORDINANCE Sedfon X. OWNERSHIP T the City of Saratoga Splings. Section XL EXPIRATIONS Section Xll. VALIDITY it anypravMn of this ordnmm shag he held MO. thefemafnder of the ordnance shall not be affected thereby. Section Xtll. TIME EXTENSION Planning Board of the CRY Of Saratoga Springs. Section XIV, MODIFICATION OF SITE PLAN aikramaL atocll'raCon aI# orange doe; rrot nalill it an if vesse I ders:4y, based on gross sq�ae foMrofaca>piadflow space, as set forth In Section VI. Section XV. EFFECTIVE DATE This ordinarceshadWmeedthe day after VJ*a mIspravtdedbyftpradskrrsoftheCRY m.a APPENDIX E: 5-WEIREL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT - PAGE 73 The below illustrated zoning map is available on the city of Saratoga Springs website,' and as S saratoga-springs.org CONTI APPRAISAL & CONSULTING, LLC 10 238138