HomeMy WebLinkAbout20220202 31-33 Marion Ave Area Variance - Interpretation CorrespondanceTHE LAW OFFICES OF Libby Coreno, Esq.
M. E L I ZA B ET H C O R E N O, ESQ. P.C. libby@corenolaw.com
December 2, 2022
Mr. Gage Simpson, Chair
Zoning Board of Appeals
City of Saratoga Springs
474 Broadway
Saratoga Springs, New York 12866
Re: Stewart's Shops Marion Avenue — Area Variance Relief
Dear Chairman Simpson:
As you may recall, I represent Stewart's Shops ("Stewart's") regarding its proposed renovation of
the location at Marion Avenue which includes a request for area variance relief from the Zoning
Board of Appeal ("ZBA"). During our last appearance before the ZBA on September 26, 2022,
Stewart's was directed to address .three primary issues concerning the project, to wit: (1) whether
the application should include area variance relief from the Section 6.3.3 of the former Zoning
Code related to the distance of gas pumps from an abutting residential district; (2) whether the
application should snake a request for relief from the limitation of parking in the rear setback
pursuant to Section 6.2.7 Design Requirements, part D of the former Zoning Code; and (3) the
terms of the License Agreement between Stewart's and National Grid for use of the access road
between Stewart's parcel and the City of Saratoga Springs' parcel.
First, the gas pumps located on the Marion site have been permitted by the City before 1976 as
evidenced by the Special Use Permit issued by this Board. The 1976 Permit references the
Congress Gas & Oil location in reviewing the request to construct a car wash — which request was
granted on May 26, 1976 (see Letter from Patrick Cogan to the Board dated May 22, 2022).
Subsequent zoning provisions have been enacted in the City regarding the placement of gas pumps
which included the 2004 requirements of Section 6.6.3 providing that no gas pump shall be located
within 250 feet of an abutting residential district. However, according to the zoning notes from
Code Enforcement Officer Patrick Cogan's, letter dated May 22, 2022, the City zoned the
surrounding parcels as UR2 sometime around 1990 which was decades after the pumps were
installed. Even before 1990 though, his records indicate that the Marion site has been surrounded
by residential zoning since the first inception of the restrictions in the outer district circa 1971.
Therefore, Stewart's position is that (1) the gas pumps placement are pre-existing to Section 6.3.3
and therefore are "grandfathered" under the 250 feet rule; (2) the Special Use Permit contemplates
the proper use of gas and car wash at the site as early as 1976 which rights have vested in favor of
Stewart's; (3) a 2004 site plan approval from the City Planning Board (also referenced in Cogan
letter) denotes the placement of the gas pumps and the canopy without any relief from this Board
— a time which both the UR2 zoning and Section 6.6.3 were in effect; and, notwithstanding any of
the foregoing legal grounds, (4) Stewart's would otherwise be entitled to request area variance
relief from the Board for the slight movement (3 feet) of the gas pumps even farther away from
the residential district to become more conforming.
Law Office of M. Elizabeth Coreno, Esq. P.C.
63 Putnam Street, Suite 202
Saratoga Springs, New York 12866
(518) 682-6901
(518)682-6902
THE LAW OFFICES OF Libby Coreno, Esq.
M. E L I ZA B ET H C O R E N O, Esq. P.C. libby@corenolaw.com
Second, as it relates to the parking in the rear setback, it is unclear whether Section 6.2.7 Design
Requirements, part D was in effect at the time the 2004 site plan approval was issued by the City.
The approval does not show the parking requirements on the plans; however, it is self-evident that
the "macadam" referenced necessarily serves as the parking spaces on the site. Regardless, the
current application places nine (9) in the rear yard setback which is permitted under the current
UDO zoning and exactly 20% of the parking in the front yard setback which is also permitted
under the new zoning (Section 10.2(B)(5)). Therefore, the applicant is requesting to modify its
application for area variance relief from the 2004 zoning restrictions in favor of conforming with
the current UDO zoning in the City.
Third, I am enclosing the License Agreement with National Grid which owns SBL: 166.5-4-2, a
parcel which extends from Marion Avenue, surrounding the Adirondack Trust ATM kiosk heading
north along the eastern boundary of the Stewart's lands. It is this license agreement that Stewart's
and the City both utilize for access to their adjacent sites. In reviewing the terms of the License
Agreement, the City has previously issued approvals subject to the same License Agreement;
specifically in the matter of DRC 2004.005, the Design Review Commission (DRC) issued an
approval on February 5, 2004 allowing the construction of a kiosk and tank replacement which
was ultimately completed in 2005 and, as previously mentioned, the Planning Board's 2004 site
plan also contemplates the use of the license area. Taken together, Stewart's understands that its
(and the City's) continuing reliance on the National Grid license is taken at its own risk, but the
50-year pattern and history between the parties (and predecessors) gives no cause for concern at
this time.
I wish to thank the Board for its time and courtesies in this matter.
Respectfully submitted,
Elizabeth Coreno
Cc: Zoning Board of Appeals
Ryan Rubado
Law Office of M. Elizabeth Coreno, Esq. P.C.
63 Putnam Street, Suite 202
Saratoga Springs, New York 12866
(518)682-6901
(518)682-6902