Loading...
HomeMy WebLinkAbout20250307 Crescent Ave & Jefferson St Area Variance Application 0 FERRADINO BUSINESS&LEGAL STRATEGY FERRADINO FIRM, PLLC Stephanie W. Ferradino, Esq. • stef@ferradinofirm.eom April 9, 2025 Saratoga Springs Zoning Board of Appeals Via Hand and Electronic Delivery City Hall—474 Broadway Saratoga Springs, NY 12866 Re: Liberty Saratoga Apartments Jefferson Street and Crescent Ave, Saratoga Springs, NY 12866 Dear Richard: Enclosed please find the following documents related to the submission of an application for an area variance on the above-mentioned property to the Zoning Board of Appeals. Please note that the zoning board previously granted this relief, but the approval has expired while the matter has been under review for funding. 1. Completed and executed application; 2. Elevations demonstrating height, 3. Narrative to application; and 4. Decision on prior variance seeking the same relief. SEQR was completed in connection with this action when the zoning map amendment was approved by the City Council. The check for the application fee in the sum of$1050 will be separately sent by my client. Under separate cover, I have provided an electronic version of this application for dissemination and publication on the city's website. Please add this application May 12, 2025 Zoning Board of Appeals' meeting agenda and advise if anything further is required. Thank you. Very truly yours, sekw�4u Stephanie W. Ferradino 63 Putnam Street, Suite 202 • Saratoga Springs, New York 12866 (518) 260-1229 • www.farradinofirm.com Page 2 Enc. **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** [FOR OFFICE USE] . � CITY OF SARATOGA SPRINGS (Application#) - ! ZONING BOARD OF APPEALS CITY HALL-474 BROADWAY (Date received) SARATOGA SPRINGS, NEW YORK 12866-2296 *� TEL: 518-587-3550 X2533 RATEO www.saratoga-springs.org (Project Title) APPLICATION FOR: Check if PH Required ❑ INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION Staff Review APPLICANT(S)* OWNERS)(lfnotapekant1 ATTORNEY/AGENT LIBERTY AFFORDABLE HOUSING INC. SARATOGA HARNESS RACING Name &BMHD INC. STEPHANIE FERRADINO 117 W LIBERTY STREET,#4 C/O 342 JEFFERSON ST 63 PUTNAM STREET,Ste 202 Address ROME,NY 13440 SARATOGA SPRINGS,NY 12866 SARATOGA SPRINGS, NY 12866 Phone 315-334-9333 / / 518-260-1229 / STEF@FERRADINOFIRM.COM Email Primary Contact Person: ❑Applicant ❑Owner Attorney/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: ❑Owner ❑ Lessee ® Under option to lease or purchase PROPERTY INFORMATION Crescent Ave/Jefferson St.(corner) 179 5 8 1. Property Address/Location: Tax Parcel No.: - - (for example. 165.52-4-37) June 13, 1996 RR-1 2. Date acquired by current owner: 3.Zoning District when purchased: Vacant UR-4 4. Present use of property: 5.Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? m Yes(when??ng-q For what?height-uariance ) ® No 7. Is property located within(check all that apply)?: ❑ Historic District ❑Architectural Review District m 500'of a State Park,city boundary,or county/state highway? 8. Brief description of proposed action: Extension of approval for height variance previously granted. 9. Is there an active written violation for this parcel? ❑Yes It No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑Yes No 11. Identify the type of appeal you are requesting(check all that apply): ❑ INTERPRETATION(p. 2) ❑VARIANCE EXTENSION(p.2) ❑ USE VARIANCE(pp. 3-6) ❑AREA VARIANCE(pp. 6-7) Revised 01/2021 ZDNING BOARD OFAPPEALSAPPLICAT1oN FORM PAGE 2 INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): 1. Identify the section(s)of the Zoning Ordinance for which you are seeking an interpretation: Section(s) 2. How do you request that this section be interpreted? 3. If interpretation is denied,do you wish to request alternative zoning relief? _]Yes ❑No 4. If the answer to#3 is"yes,"what alternative relief do you request?❑ Use Variance ❑Area Variance EXTENSION OF A VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): May 18,2023 1. Date original variance was granted: 2. Type of variance granted? ❑ Use ®Area 3. Date original variance expired: November 18,2024 5. Explain why the extension is necessary.Why wasn't the original timeframe sufficient? Funding for project has not yet occurred-delayed through the NY State Housing Finance Agency(HFA)process. 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 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 3 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 "tests". 1. 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 any improvements made to property after purchase: Date Improvement Cost 3)Annual maintenance expenses:$ 4)Annual taxes:$ 5)Annual income generated from property:$ 6)City assessed value: .$ Equalization rate: Estimated Market Value:$ 7)Appraised Value:$ Appraiser: Date: Appraisal Assumptions: Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 4 B. Has property been listed for sale with DYes If"yes",for how long? the Multiple Listing Service(MLS)? [QNo 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? [--]Yes ❑No If yes,describe frequency and name of publications: 3) Has the property had a"For Sale"sign posted on it? ❑Yes ❑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 OFAPPEALSAPPLICATION 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 acting on 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 forwhich the applicant is seeking relief.The hardship has not been self-created for the following reasons: Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 6 AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary): UDO Section 3.3 The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Standards Dimensional Requirements District Requirement Requested Height 40 ft. 48 ft. Other: 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 NARRATIVE FOR RESPONSES TO ALL THE ABOVE AND BELOW STANDARDS 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 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 7 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 or district. The requested variance will not have an adverse physical or environmental effect on the neighborhood or district for the following reasons: S. 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 ZONING BOARD OFAPPEAaAPPL/CATION FARM PAGE B DISCLOSURE Does any City officer,employee,or family member thereof have a financial interest(as defined by General Municipal Law Section 809)in this application? ❑No []Yes If"yes",a statement disclosing the name,residence and nature and extent of this interest must be filed with this application. AppucANT 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. 2 w&,o t Date: 4/9/2025 (applicant signature) _ Date: (applicant signature) If applicant is not the currently the owner of the property,the current owner must also sign. Owner Signature: �1tQ1 Date: Owner Signature: Date: Revised 01/2021 ZoNINGBoARo a=APPE4LsAPPuc4T/av FoRm PAGE 8 DISCLOSURE Does any City officer,employee,or family member thereof have a financial interest(as defined by General Municipal Law Section 809)in this application? ❑No O 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. 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: � Date: Owner Signature: Date: ( Revised 01/2021 CITY OF SARATOGA SPRINGS 1 x ZONING BOARD OF APPEALS Cvfy Hai. - 474 6roadw" {3 Sarafoga Spri*%gk, Ne rYo-rkl 12866 Tei,. 518-587-3550 X2533 •%���'GRATEU 1g1h www:saralvga-S�riv�gyorg INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS 1. ELIGIBILITY: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" ❑ Completed SEQR Environmental Assessment Form -short or long form as required by action. http://www.dec.ny.gov/docs/perm its_ej_operati ons_pdf/seaf parton e.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 ZONING BOARD APPEAL APPLICATION/NST umoNS PAGE Z PUBLIC HEARING ADVERTISEMENT The Zoning Board of Appeals is required to hold a public hearing on each submitted application within ninety(90) days from when it is determined to be properly complete by City staff. City staff will prepare a legal notice for the public hearing and arrange to have the public hearing announcement printed in the legal notice section of a local publication at least 5 days before the hearing. PROPERTY OWNER NOTIFICATION Applicants are required to mail a copy of the public hearing legal notice to all property owners within the following distances from the boundaries of the land in question: Type of variance Distance for property owner notification Use variance 250 feet Area variance& Interpretation 100 feet This notice must be sent at least 7 days but not more than 20 days before the date of the public hearing. City staff will email a copy of the"property owner notification letter"to the applicant.The applicant must then send the notification letter to the nearby property owners.Applicants may not include any other materials in this mailing. The mailing must be certified by the U.S. Post Office. Prior to the public hearing,applicants must present the Post Office "certificates of mailing" to the ZBA. If"certificates of mailing" are not presented prior to the hearing, the hearing will be cancelled. Revised 01/2021 2021 LAND USE BOARD FEE WORKSHEET OPED Fees Type 2021 Fee Application to Zoning Board ofAppeals[1][2] TOTAL #VARIANCE Use Variance $1100+$50/app Area Variance-Residential $275/var+$50/app+$125 each add'Ivariance AreaVariance-Multi-Family,Comm,Mixed-Use $660/var+$50/app+$200 each add'Ivariance Interpretations $550+$50/app Post-W ork Appl ication Fee Add 50%App fee+$50/app Variance extensions 50%ofAppfee+$50/app Application to Design Review Commission[1] TOTAL #STRUCTURE Demolition $385 Residential Structures Principal $55 Accessory $55 Extension $35 Modification $55 Multi-Family,Comm,Mixed-Use Structures Sketch $165 Principal $550 Extension $200 Modification $330 Multi-Family,Comm,Mixed-Use Accessory,Signs,Awnings Principal $140 Extension $75 Modification $140 Post-Work Application Fee Add 50%App fee Application to Planning Board[1] TOTAL #STRUCTURE Special Use Permit[2] $990+$50/app Special Use Permit-extension $330 Special Use Permit-modification[2) $450+$50/app Site Plan Review-incl.PUD: Sketch Plan $330 Residential $330+$200/u nit Residential-extension $200 Residential-modification $400 Non-residential $660+$130/1000 sf Non-Residential-extension $300 Non-Residential-modification $650 Subdivision-incl.PUD: TOTAL #LOTS Sketch Plan $330 Preliminary Approval[2] Residential:1-Slots $660+$50/app Residential:6-10 lots $990+$50/app Residential:11-20 lots $1320+$50/app Residential:2l+lots $1650+50/app Residential-extension $330 Final Approval[2] Residential $1320+$175/lot+$50/app Non-Residential $2000/lot+$50/app Final Approval Modification(2] Residential $330+$50/app Non-Residential $550+$50/app Final Approval Extension Residential $135 Non-Residential $330 Other: TOTAL #LOT/ACRE Post-Work Application Fee Add 50%App fee Lot Line Adjustment $350 Letter of Credit-modification or extension $440 Letter of Credit-col lection up to 1%of LoC Recreation Fee $2000/lotorunit Land Disturbance $660+$55/acre SEQRA EIS Review(Draft&Final) TBD Legal Noticing if PB requires Public Hearing $50/app [1] Fees are based on per structure,except where noted. $0 00 TOTAL DUE [2] Legal ad required;includes City processing and publishing ForAdministrative Use Total Paid at Intake Revised Fee Balance Due _/�_Balance Paid Staffapproval PHINNEY DESIGNGROUP -_ _ _ MAIN RIDGE �ll� ARCHITECT 363.SO �I PHINNEY DESIGN GROUP ROOF MIDPOINT 142 SAR GRAND AVENUE 356.50 SARATOGA SPRINGS,NV 12866 TEL:(518)587-7120 ROOF — — OWNER c OWNER NAME MI q ..�Q - — — LEVEL4 STREET 339.50 V CITY,STATE ZIP o _ TEL:111 111-1111 ( I LEVEL V 3 o ti 329� - CONSULTANT 1 0 n v CONSULTANT 1 NAME STRE ET LEVEL 2 CITY STATE ZIP 319.50 TEL:111 111 1111 ( I Imm Imm c LEVELI 309.50 CONSULTANT 2 — — — — — — — — — — — — — — — — — — — — — CONSULTANT 2 NAME AVERAGEGRADE STREET 308.58 CITY,STATE ZIP 4 WEST ELEVATION TEL:(111)111-1111 SCALE: 1/16"=1.-0.. CONSULTANT 3 CONSULTANT 3 NAME STREET CITY,STATE ZIP TEL:(111)111-1111 MAIN RIDGE 363.50 _ — — _ _ — — _ — — — — _ ROOF MIDPOINT 356.50 ROOF FEET ® a ® o LEVEL4 3 9 b ti LEVELS � m m m --o0 329.50 V ^y LEVE� - m��rm 319.50 LEVEL I 09 3Z' — — — — — — — — — — — — — — — — — — — � AVERAGE GRADE ' 308.58 SOUTH ELEVATION 3 SCALE: 1/16"=1--0" Unauthorized alteration or addition to this document is a violation or Section 7209 of New York State Education Law ®PHINNEY DESIGN GROUP 2023 MAIN RIDGE � 363.50 LI ROOF MIDPOINT — - — — — — — — — — — — — — 356.50 - — 349.50 �1 LEV 33E.. _ L 4 339.50 V \ # Description Date 1. { o LEVEL �V 3 — 329.50 �I v 0 -LLL - ® - - LEVEL2 PROGRESS SET 0 EVELI M M K7 FT I in M C M M M M c EVELI NOT FOR 309.50 - - - - - - - - CONSTRUCTION AVERAGE GRADE h 308.58 EAST ELEVATION 2 SCALE: 1/16"=V-0" LIBERTY HOUSING _ _ _ _ _ _ _ ®� _ _ _ _ _ _ _ _ MAIN RIDGE 363.50 ROOF MIDPOINT OINT 356.50 DISCIPLINE: ARCHITECTURE Roo�F PROJECT#: 21201 349.5° V ISSUE DATE: 01/04/23 PHASE: SCHEMATIC DESIGN LEVELI DRAWN: Author _ b 339.50 CHECKED: Checker ® ® LEVELS DRAWING NAME: _ 329.50 50 ^y - LEVEL2 /� EXTERIOR r'Tj�,�� �j�,'r��r{ r�{� 319.SO �I ELEVATIONS :L mim Im'® ®® o L309.50 AVERAGE GRADE 308,58 SHEET NUMBER: NORTH ELEVATION 1 A200 SCALE: 1/16"=1--0" LIBERTY SARATOGA APARTMENTS VARIANCE NARRATIVE JEFFERSON AND CRESCENT Liberty Affordable Housing, Inc. (the Applicant) previously obtained approvals for a zoning map change from RR to UR-4 zone, a Comprehensive Map amendment, height variance and site plan approval in order to construct +l-213 units of work force housing on the 30+ acre property located at the corner of Jefferson St. and Crescent Ave. On May 18, 2023, the ZBA granted a height variance to enable the project to build to 48 feet in height, or 20% relief from the ordinance. A copy of the decision where the ZBA unanimously approved the relief is attached hereto. The variance expired on November 18, 2024, necessitating the initiation of the request for the same relief. In the relatively short period of time since the original variance was granted, there have been no significant changes to the site or adjacent areas and neighborhoods. This property is located in an already developed area and remains one of the few large parcels in the city where development could occur. The circumstances upon which the original variance was granted have not changed. The project is undergoing review for funding with HFA, a process which is complex and relatively slow. The applicant is simultaneously making application for a site plan extension. We are requesting that the timing for the site plan signature on mylars be amended. Typically, the Planning Board would extend this to January 8, 2027 and the applicant would then have an additional 18 months for actual construction to commence (July 8, 2028). However, since the Zoning and Comprehensive Plan Map amendments both have expiration dates of December 31, 2027, we are requesting the Planning Board also extend to this date. We would request that the variance relief line up with this December 31, 2027 date. The below contains substantially the same narrative that accompanied the original application. In order to obtain the unit count necessary to make the project economically feasible, the project must construct all proposed units. In response to comments from the Planning Board when this matter was originally reviewed in 2018, the architecture of the project was modified to create a design that was compatible with Saratoga design standards, including a pitched roof that hides mechanical equipment while providing an appearance more in keeping with residential buildings on the city's East Side. The inclusion of this architectural feature necessitates the relief requested. The only variance sought by the Applicant and required for this project is for height. The relief sought is 8 feet. RESTRICTION REQUIRED REQUESTED TOTAL RELIEF Height 40 ft 48 ft 8 ft 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. The benefit sought by the applicant cannot be achieved by other feasible means. This project was before the Planning Board in 2018 and the previous architecture was criticized. In order to revive the project, the Phinney Design Group was hired in order to provide the "essential street front qualities" and New Urbanism principles sought by the Planning Board. In order to do this, a pitched roof design was optimum for the building. The economic feasibility to the project is tied to a delicate balance between the necessary number of units and the available land to be developed, with a large portion of the densely treed project site being comprised of wetlands, which are being conserved. The balance of available land for the building footprint, land for the required parking, and unit number necessitates the 4th floor on the building, resulting in the request for a variance to 48 feet. 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: The variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. When the Applicant was before this board on October 17, 2022 on the referral for the zoning amendment, the Applicant shared slides depicting the project location in proximity to its residential neighbors. The project will be located to the far east of the site along Bunny Lake Drive and there will be 20 acres of wooded area between the nearest residential neighbors and the site. The trees in the buffer area between the neighbors and the project site are significantly taller than the 48 foot structures, which will not be visible from the homes. The other neighboring properties contain soccer fields and the Saratoga Casino, which has a 67 ft tall hotel structure that is visible from the homes due to the large parking area between the hotel and residential areas. There will be no change in the desirability of the neighborhood as a result of the granting of this variance. 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The variance is not substantial. The applicant is seeking 8 feet of relief on a 48 foot structure (20%) in an area that is buffered from receptors by acres of trees and located adjacent to a property which contains a building that is fully visible and almost 20 feet taller. The buildings are located 920 feet from Jefferson Street and any line of sight from the roadway or homes is blocked by treetops which reach a maximum height of approximately 90 feet. 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: The variance will not have an adverse physical or environmental effect on the neighborhood or district. The additional height will be undetectable from nearby receptors because of the location of the proposed buildings within the area of the lot. 20 acres of the lot will remain undisturbed and fully vegetated, under a conservation easement and/or dedication of land to the city for public purpose. The buildings are in the interior of the site along Bunny Lake Drive, which is a private, but commercial, roadway entrance to the Saratoga Casino and Hotel. This business contains one large structure which is 67 feet in height and fully visible across the large parking lot from Jefferson Street. 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: The difficulty was not self-created. The applicants used reasonable diligence in 2018 to obtain approvals for buildings for this site. The information received rom the Planning Board during the meetings and in the decision critiqued the design of the architecture of the buildings. The Board recommended different architecture for the project that would be consistent with other design elements throughout the city. The Applicant seeks a balance between aesthetics, the need for work force housing, and the economic feasibility of this project. Seeking a variance which will not have any impacts on any neighboring properties or the environment allows the needs for good design while allowing this project to come to fruition. Absent the comments from the Planning Board, the proposed design may have been able to be accommodated within the height requirements of the UDO. Gaprc Simpxon,Crwir CITY OF SARATOGA RrndCiallaglter,'lceChair l r Lily Dog— SPRINGS 0: lyl Gmy Bfenden Dailoy — ( ZONING BOARD OF APPEALS shaf-C.1— Jolat Wlev,Altemale Crrr HALL-474 BauAnwAY Alice Smith,Altouale q SARArOCASPRTNG6,NEWYORK12866 518.587.3550 WH'W.$ARATMA6YRiNGS.URG p 201MO16 IN THE MATTER OF THE APPEAL OF Liberty Affordable Housing Ior. 117 W Liberty Street Rome,NY 13440 Fmrn the determination of the Building Inspector involving the premises at the corner of Crescent and Jefferson Street in the City of Saratoga Springs.NY,being tax parcel number 179.9-8 on the Assessment Map of-said City. The Applicant having applied for an area variance to permit constmclion of an affordable housing Complex in the Urban Residential 4(UR-d)District and public notice having been duly given of a hearing on said application on base dates) In consideration of the balance between the benefit to the Applicants with detriment to the hash,safety and welfare ofthe community,I move that the following variance for The followine amount of relief, Type of Requirement District Dimensional Requirement Proposed Relief Requested Maximum Height 40, 48' 8'(2V/D) T As per the submitted plans or lesser dimensions-BE APPROVED for the following reasons: 1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant_ The applicant considered other alternatives,including an allcrnativc roof line. 2. The applicant has demonstrated that ibis granting this variance will not create an undesirable change in neighborhood character and does not ncgathely alter The strectscape.7'hc applicants provided the Board with information on comparable heights in the district,most notably the SaratopCasino and Raceway lintel.The residents living offof Jefferson St[eet on Clubhouse drive will have limited ability to sec the property because of the nearly 20 acres of canopy on the corncr of Crescent and Jefferson Street. 3, The requestO variances are not considered substantial. 4. The applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood.Much of the parcel will remain forested and protected as there is an active Welland present on the property.Dhtricl permeability will be met_ 5, Tbc request for relief is a self-created hardship as the applicant wishes to build this complex however, self-creation is not necessarily fatal to the application. Notes The City Planning Board issued a favorable advisory,County Planning Board found no significant county Page I of 2 wide impact and City Council concluded a negative SEQR declaration It is so moved, May 8, 2023, Passes by the Following votes: AYES: 7 (G_ Simpson, B. Gallagher, C_ Grey, E. Bergmann, B_ Dailey, A. Smith, S. Gaston) ABSTAlN O. K CUSI D: NAYES; 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 the Unified Development Ordinance, 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 elate above mentioned, seven mernbmofthe Board being present_ t SIGNATURE, ZI MUM CII AIR DATE RECEIVED BY ACCOINTS D1'.PT ��a�uy vas wwr �unyt.u,,nu»� Project: Libe Affordable Housing Project Date. Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity. size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. For any responses on Part 2 which were identified as"yes;all impacts were found to be either"no"or"small impact may occur.' Because the impacts were minor,there will be no significant environmental impacts relating to the project Determination of Significance-Type I and Unlisted Actions SEQR Status: [D Type I ❑Unlisted Identify portions of EAF completed for this Project: ®Part I ]Part 2 ®Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information !E t i and considering both the m/a�anitude and importance of each identified potential impact,it is the conclusion of,the �oyn/Gt as lead agency that: ❑X A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therclorc,be no significant adverse impacts from the project as conditioned.and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRIL 617.7(d)). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: LIBERTY SARATOGA WORKFORCE HOUSING Name of Lead Agency: CITY OF SARATOGA SPRINGS-CITY COUNCIL Name or Responsible Officer in Lead Agency: RONALD KIM Title of Responsible Officer: MAYOR f Signature of Responsible Officer in Lead Agency: i Date: Signature of Preparer(ifdifi'crent from Responsible Officer) Date. '/ 3 For Further Information: Contact Person: SUSAN BARDEN,SENIOR PLANNER Address: CITY OF SARATOGA SPRINGS-PLANNING DEPT 474 BROADWAY,SARATOGA SPRINGS,NY 12866 Telephone Number: 518-587-3550 EXT.2493 E-mail: SUSAN.BARDENOSARATOGA-SPRINGS.ORG For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.....Town l City I Village of) Other involved agencies(ifany) Applicant(if any) Environmental Notice Bulletin: hu ://%VNvXv.dcc.nv._ovlcnbJcilb.html PRINT FULL FORM Page 2 of 2 PHINNEY DESIGNGROUP -_ _ _ MAIN RIDGE �ll� ARCHITECT 363.SO �I PHINNEY DESIGN GROUP ROOF MIDPOINT 142 SAR GRAND AVENUE 356.50 SARATOGA SPRINGS,NV 12866 TEL:(518)587-7120 ROOF — — OWNER c OWNER NAME MI q ..�Q - — — LEVEL4 STREET 339.50 V CITY,STATE ZIP o _ TEL:111 111-1111 ( I LEVEL V 3 o ti 329� - CONSULTANT 1 0 n v CONSULTANT 1 NAME STRE ET LEVEL 2 CITY STATE ZIP 319.50 TEL:111 111 1111 ( I Imm Imm c LEVELI 309.50 CONSULTANT 2 — — — — — — — — — — — — — — — — — — — — — CONSULTANT 2 NAME AVERAGEGRADE STREET 308.58 CITY,STATE ZIP 4 WEST ELEVATION TEL:(111)111-1111 SCALE: 1/16"=1.-0.. CONSULTANT 3 CONSULTANT 3 NAME STREET CITY,STATE ZIP TEL:(111)111-1111 MAIN RIDGE 363.50 _ — — _ _ — — _ — — — — _ ROOF MIDPOINT 356.50 ROOF FEET ® a ® o LEVEL4 3 9 b ti LEVELS � m m m --o0 329.50 V ^y LEVE� - m��rm 319.50 LEVEL I 09 3Z' — — — — — — — — — — — — — — — — — — — � AVERAGE GRADE ' 308.58 SOUTH ELEVATION 3 SCALE: 1/16"=1--0" Unauthorized alteration or addition to this document is a violation or Section 7209 of New York State Education Law ®PHINNEY DESIGN GROUP 2023 MAIN RIDGE � 363.50 LI ROOF MIDPOINT — - — — — — — — — — — — — — 356.50 - — 349.50 �1 LEV 33E.. _ L 4 339.50 V \ # Description Date 1. { o LEVEL �V 3 — 329.50 �I v 0 -LLL - ® - - LEVEL2 PROGRESS SET 0 EVELI M M K7 FT I in M C M M M M c EVELI NOT FOR 309.50 - - - - - - - - CONSTRUCTION AVERAGE GRADE h 308.58 EAST ELEVATION 2 SCALE: 1/16"=V-0" LIBERTY HOUSING _ _ _ _ _ _ _ ®� _ _ _ _ _ _ _ _ MAIN RIDGE 363.50 ROOF MIDPOINT OINT 356.50 DISCIPLINE: ARCHITECTURE Roo�F PROJECT#: 21201 349.5° V ISSUE DATE: 01/04/23 PHASE: SCHEMATIC DESIGN LEVELI DRAWN: Author _ b 339.50 CHECKED: Checker ® ® LEVELS DRAWING NAME: _ 329.50 50 ^y - LEVEL2 /� EXTERIOR r'Tj�,�� �j�,'r��r{ r�{� 319.SO �I ELEVATIONS :L mim Im'® ®® o L309.50 AVERAGE GRADE 308,58 SHEET NUMBER: NORTH ELEVATION 1 A200 SCALE: 1/16"=1--0"