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Home My WebLink About20220202 31-33 Marion Area Variance Public Comment (12)Outlook Online Form Submittal: Land Use Board Agenda Public Comment From noreply@civicplus.com <noreply@civicplus.com> Date Wed 3/12/2025 9:37 AM To Mark Graham <Mark.Graham@saratoga-springs.org>; Susan Barden <Susan.Barden@saratoga-springs.org> Land Use Board Agenda Public Comment SUBMIT COMMENTS REGARDING CITY PROJECTS Thank you for submitting your comments. Your feedback will be forwarded to the City's Planning Department and Land Use Board members. NOTE: Comments submitted later than 12:00 noon on the day before the Land Use Board meeting may not be reviewed prior to their meeting. All comments will be added to the project file in the Planning Department. Land Use Board Planning Board Name Deborah Lacombe Garrelts Email Address dgarrelts1@gmail.com Business Name Field not completed. Address 11 Marion Avenue City Saratoga Springs State NY Zip Code 12866 Phone Number 518 584 5447 Project Name 31-33 Marion Area Variance Project Number 20220202 Project Address 31-33 Marion Avenue Comments It is our position that the 31-33 Marion Avenue project should be rejected by the City Planning Board as not allowed for the following reasons: The legal non-conforming status of the gas station is null and void due to: “Extension or Expansion use of the gas station in area and volume occupied by a non-conforming use, including expansion into previously underutilized, vacant or newly constructed 3/12/25, 10:06 AM Mail - Mark Graham - Outlook https://outlook.office365.com/mail/inbox/id/AAQkAGIxYTcxODdiLTE4ZmUtNDdlMy05MTNlLTA4ZjY5NTFhMDAzMQAQAAvYCQGORedOm%2BT7RFx…1/2 space, or the increase of any parking related to the use.”. [2012 Zoning Ordinance: Section 5.0 Nonconforming Uses Structures and Lots section 5.3.4] “A non-conforming structure may be replaced in-kind, only the pre-existing non-conformity may be maintained and may not be increased in degree [UDO Article 19: Non-conformity] The legal non-conforming status of the gas station is null and void if the structure’s foundation is removed [UDO Article 19:Non-Conformity] The gas station includes the building not just the pumps The Property line associated with the gas station abuts a residential district on three sides. The property line associated with the gas station is within 250 feet of an abutting residential district. [2012 Zoning Ordinance Sect 6.3.3 B]. Attach Photo (optional)To_ Saratoga Springs City Planning Board_ 2_13_202.pdf Email not displaying correctly? View it in your browser. 3/12/25, 10:06 AM Mail - Mark Graham - Outlook https://outlook.office365.com/mail/inbox/id/AAQkAGIxYTcxODdiLTE4ZmUtNDdlMy05MTNlLTA4ZjY5NTFhMDAzMQAQAAvYCQGORedOm%2BT7RFx…2/2 To: Saratoga Springs City Planning Board: 2/13/2025 From: Deb LaCombe-Garrelts 11 Marion Avenue Saratoga Springs, NY 12866 518 584 5447 Re: 31-33 Marion Avenue SEQR review and advisory opinion We, as neighbors of the proposed commercial project, continue to ask the Planning Department and Planning Board to consider our concerns, and to rely on the actual content of the 2012 Zoning Ordinance and the current UDO. Under the current proposed project, Stewart’s is proposing to: a) Construct structure(s) directly associated with sale of motor vehicle fuel and accessories that span the property line between the Mobil gas station and current Car Wash parcels. (see definition of vehicle refueling station in the 2012 Zoning Ordinance). b) Increase the size of the structure by >50% (disallowed under the 2012 Zoning Ordinance Section 5.0 Non-Conforming Uses Structures and Lots, 5.3.4) c) Remove the foundation of the non-conforming structure/Use, expand it and rebuild it. (disallowed under the 2012 Zoning Ordinance Section 5.0, 5.3.4) Therefore deemed non-conforming legal status is null and void. We respectfully the Zoning Officer and/or the Planning Board to determine: 1. The question of the grandfathered legal non-conforming status of the current Mobil gas station once it is demolished, foundation removed, enlarged and expanded into a newly constructed building in reference to the 2012 Zoning Ordinance. 2. The PROPERTY LINE associated with the gas station and its location abutting a residential district. 3. That the PROPERTY LINE associated with the gas station is within 250 feet of an abutting residential district. 4. The definition of vehicle refueling station according to the 2012 Zoning Ordinance as a facility that is used for the sale of motor vehicle fuel and accessories. (Appendix A). 5. The legal definition of a facility is a structure, building, or property that is used for a specific purpose. 6. The requirements of Section 6.3.3: B 2,3 of the 2012 Zoning Ordinance with respect to the PROPERTY LINE associated with a vehicle refueling station forbid this project to be approved. 7. Is Stewart's Corporation in violation of the requirement to have a special use permit for a U-Haul Rental on its GCU zoned property on Marion Avenue. It is our position that the 31-33 Marion Avenue project should be rejected by the City Planning Board as not allowed for the following reasons: 1. The legal non-conforming status of the gas station is null and void due to: a. “Extension or Expansion use of the gas station in area and volume occupied by a non-conforming use, including expansion into previously underutilized, vacant or newly constructed space, or the increase of any parking related to the use.”. [2012 Zoning Ordinance: Section 5.0 Nonconforming Uses Structures and Lots section 5.3.4] b. “A non-conforming structure may be replaced in-kind, only the pre-existing non-conformity may be maintained and may not be increased in degree [UDO Article 19: Non-conformity] c. The legal non-conforming status of the gas station is null and void if the structure’s foundation is removed [UDO Article 19:Non-Conformity] 2. The gas station includes the building not just the pumps 3. The Property line associated with the gas station abuts a residential district on three sides. 4. The property line associated with the gas station is within 250 feet of an abutting residential district. [2012 Zoning Ordinance Sect 6.3.3 B]. Respectfully, Deborah LaCombe-Garrelts Girard Garrelts 11 Marion Avenue Saratoga Springs, NY 12866 REFERENCES TO 2012 ZONING ORDINANCE AND UDO 2012 Zoning Ordinance: CITY OF SARATOGA SPRINGS ZONING ORDINANCE v1.0 6.0: Supplemental Regulations– Page 17 6.3.3 VEHICLE FUELING STATIONS In any district where vehicle fueling stations are permitted, the following shall apply: A. No fuel pump shall be located closer than 20 feet from any property line. B. No property line associated with a vehicle refueling station shall be located within: 1. 500 feet of a school, park, playground, fire station, public library, theater, religious institution, or other place of public assembly as defined by the NYS Uniform Fire Prevention and Building Code 2. 250 feet of ingress or egress ramps to limited access highways 3. 250 feet of an abutting residential district. C. No new or used vehicles or trailers shall be sold or rented at a vehicle refueling station. CITY OF SARATOGA SPRINGS ZONING ORDINANCE Section 5.0 Nonconforming Uses Structures and Lots: 5.3.4 EXTENSION OR EXPANSION OF USE A non-conforming use shall not be extended or physically expanded. Extension or expansion of a non-conforming use shall include expansion of the area or volume occupied by a non-conforming use, including expansion into previously underutilized, vacant or newly constructed space, or the increase of any parking related to the use. 5.4.3 RENOVATION, ALTERATION OR REPAIR Any non-conforming structure may be renovated, altered or repaired within its present dimensions. 5.4.4 EXTENSION OR EXPANSION OF STRUCTURE A. A non-conforming structure may be extended or expanded provided the proposed extension or expansion does not violate any dimensional requirements other than the current nonconformity. B. A non-conforming structure may not be extended or expanded to increase nonconformity unless dimensional relief is granted by an area variance from the ZBA.