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HomeMy WebLinkAbout20250307 Crescent Ave & Jefferson St Area Variance ZO DenialZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING APPLICANT: LIBERTY AFFORDABLE HOUSING, INC. TAX PARCEL NO.: 179.-5-8 PROPERTY ADDRESS: LIBERTY WAY ZONING DISTRICT: URBAN RESIDENTIAL (UR-4) DISTRICT This applicant has applied to use the identified property within the City of Saratoga Springs for the following: Applicant is seeking an extension of approval for height variance granted on May 18, 2023, which expired on November 18, 2024. This application is hereby denied upon the grounds that such use of the property would violate the Unified Development Ordinance article(s): Article: 3 Section 3.1.1' Urban Residential (UR-4) District & Table 3-A — UR-4 Residential Districts Dimensional Standards. As such, the following relief would be required to proceed: ❑ Extension of existing variance ❑ Interpretation ❑ Advisory Opinion required from Saratoga County Planning Board ❑ Use Variance to permit the following: Area Variance Dimensional Requirements: Max. Height: NOTE: ZONING AND BUILDING INSPECTOR From: To: 40' 48' Relief Requested: 8' DATE RIO. G_E... h 363.SD V _ ROOF MIDPOIN' 356.50 ROOF 349.5E �7 _ _ IEVEl4 339.5E V _ _ LEVEl3 329.5E t i LEVEL 319.5E 4r LEVEL 1 b 309.5E AVERAGE GRAD' 308.58 ATION 4 —1 ■ig ftf � g A a d�lf I ;ea ':: sa iaa I aalll:, aa" 9S ' III �_ I I as i•a II Zia 111 •aa Iilh°' .S'gin II �a :II gin IIII S. =7G y III I I� in:Flu.. I '3 � III Illhiiii� III'I l III n iiins Ell a.— iii ie NollII�s . 111IN121-9-01 ��! _ _ _ � � 1111100�uem iia Tale iDtr iiu �II„'is' ®mi u:s iC nii uu °EIIh; um am:s RR eR � aala eSiai ala Ima pt'" °� ■— I:® ila �'� i I Irr I ral ael #eal a6 r 16p� , ' ..:q'� :ma, III use illy � I:anl i�� BIl', rFdr (! L` ar amr H[ L _A, aT l III I I :IIIIIII r'° IIII .■ �, ul : ai. ::: �. i l Joel .::: ::; ; •a �.8 :rW ■nT . eel-- � l � — ..� :: ��G �M4 iiii d:9 as ae" � us: tea I., R°*• a::: 'ai •' i .. � � I• �, I t.. .":'r .. ■ TE rr ..:..I a:^. f) }' . i041 1 70t6 la0a �: ee 'L� : j In1l.'I Oi- nil �CI 1:9. � L■ I :I; � 0 � �� ':� �°� 'ai3C � PHINNEY DESIGNIGROUP ARCHITECT PHINNEY DESIGN GROUP 142 GRAND AVENUE SARATOGA SPRINGS, NY 12866 TEL: (518)587-7120 OWNER OWNER NAME STREET CITY, STATE ZIP TEL: (111) 111-1111 CONSULTANT 1 CONSULTANT 1 NAME STREET CITY, STATE ZIP TEL:(111) 1114211 CONSULTANT 2 CONSULTANT 2 NAME STREET CITY, STATE ZIP TEL:(111) 1114131 CONSULTANT 3 CONSULTANT 3 NAME STREET CITY, STATE ZIP TEL (111) 111-1111 Unauthorised aheration or addition W this men docut is a violation or Seniors 7209 oT New York Stale Educad. Law 0 PHIN NEY DESIGN GROUP 2023 4 Description Date PROGRESS SET NOT FOR CONSTRUCTION LIBERTY HOUSING DISCIPLINE: ARCHITECTURE PROJECT k: 21201 ISSUE DATE: 01/04/23 PHASE: SCHEMATIC DESIGN DRAWN: Author CHECKED: Checker DRAWING NAME: EXTERIOR ELEVATIONS SHEET NUMBER: A200 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 +/- 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 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. CITY OF SARATOGA AWN\x, SPRINGS ZONING BOARD OF APPEALS i D CITY HALL -474 RIMAUNAY SARA'touA SrRlxcs, Nm' Yrmrc t_'86f 5 t X-587-?55n WA A'. SARArrX1A-YrR[..11A nRU p ZOZM016 IN THE MATTER OF THE APPEAL. OF Liberty Affordable Housing Inc. 117 N1' Liberty Street Rome, NY 13440 Gage Sunpsrm,chair Brad Gallagher, Vice Chair Emily Bergmann Cheryl Grey tlrcndaur Dailey "Pier Gat.'a John Daley. Alternate Alice Sinhh. Allamic From 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.-5-8 on the Assessment Map of said City, The Applicant having applied for an area variance to permit construction of an affordable housing complex in the Urban Residential 4 (UR-4) District and public notice having been duly given of a hearing on said application on (insert dates) In consideration of the balance between the benefit to the Applicants with detriment to the health, safety and welfare of the community, I move that the following variance for the following amount of relief. Type of Requirement District Dimensional Requirement Proposed Relief Requested Maximum Hci ht 40' 48' 8' (200/6) 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 alternative roof line. 2. The applicant has demonstrated drat this granting this variance will not create an undesirable change in neighborhood character and does not negatively alter the strectscape. The applicants provided the Board with information on comparable heights in the district_ most notably the Saratoga Casino and Raceway Llotel. The residents living off of Jet erson Street on Clubhouse drive will have limited ability to sec the property because of the nearly 20 acres of canopy on the corner of Crescent and Jefferson Street. 3_ The requested 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 wetland present on the property. District permeability will be mct_ 5. The 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 SEAR declaration It is so mowed, May X. 2023. Pa-%ses by the following votes: AYES: 7 (G. Simpson, B. Gallagher, C. Grey, E. Bergmann, B. Dailey, A. Smith, S. Gaston) ABSTAINED: RECUSFI): NAYES: This variance shall expire IS 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 fiill, true and correct cope of a resolution duly adopted by the Zoning Board of :appeals of the City of Saratoga Springs on the date above mentioned, seven members of the Board being present. SIGNATURE: OBI I 811023 CHAIR DATE E RKLINTI) ACCOLN"t`S DEPT. BY Proled: 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 I Determination of Significance -Type 1 and Unlisted Actions SEQR Status: © Type 1 ❑ Unlisted Identify portions of EAF completed for this Project: ® Part 1 [3J Part 2 ® Part 3 i Upon review of the inlbrtnation recorded on this EAF, as noted, plus this additional support information i and considering both the mIagnitude and importance of each identified potential impact, it is the conclusion of (lie v C� �on�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 of - Substantially mitigated because of the following conditions which will be required by the lead agency: t There will, tlterclbre, be no significant adverse impacts from the project as conditioned. and, therefore, Ellis conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (sce 6 NYCRR 617.7(d)). i ❑ 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. Namc of Action: LIBERTY SARATOGA WORKFORCE HOUSING Name of Lead A.-ency: CITY OF SARATOGA SPRINGS - CITY COUNCIL I Name of Responsible Officer in Lead Agency: RONALD KIM Title of Responsible Officer: MAYOR Signature of Responsible Officer in Lead Agency: i Date: Signature of Preparcr (if difibrent from Responsible Officer) Datc: �/ 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.BARDEN@SARATOGA-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 (c.-.. Town i Ciiy I Village 01) Other involved a!vencies (ifany) Applicant (if any) Environmental Notice Bulletin: lutp:;hynw.dee_ny.snv/cnh/cnh.html i PRINT FULL FORM Page 2 of 2