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Home My WebLink About20220202 31-33 Marion Ave Area Variance - Interpretation Application"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" ,rlv�<i CITY OF SARATOGA SPRINGS h rj. ZONING BOARD OF APPEALS u: t CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 Lr.�. TEL: 518-587-3550 X2533 /^/10 PORATIO \C 1 www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* Stewart's Shops Corp. Name 2907 Route 9 Address Malta NY 12020 OWNER(S) ff not applicant) 1rUK urrlut: UJC1 (Application #) (Date received) (Project Title) Check if PH Required Staff Review ATTORNEY/AGENT Elizabeth Clark Esq. 63 Putnam Street, Suite 202 Saratoga Springs NY 12866 Phone 518-581-1200 / / 518-682-6901 / mginley@stewartsshops.com; libby@libbyclarklaw.com Email rniharin(n�ctawartcchnnc rnm Primary Contact Person: 0APPlicant 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: m Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION Marion Avenue, Saratoga Springs 166 1. Property Address/Location: 166.5-4-1.1. 166.5-4-1.2, 166.5-4-1.3 Tax Parcel No.: 166 August 1, 2003 2. Date acquired by current owner: Gas station,car wash, vacant 4. Present use of property: commercial 5 4 1.1 5 _4 _1.2 (for example: /65.52 — 4 — .37) TRBD 3. Zoning District when purchased: TRB 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? m Yes (when? 3/11/2022 For what?Variance 10 No 7. Is property located within (check all that apply)?: ❑ Historic District 0 Architectural Review District m 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: StPwart's proposes the demolition of the existing garage Mohil station and car wash and the construction of a new Stewart's Shop (convenience store), gasoline canopy, a rental space for a rental tenant. 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 all thatapp/y): M M Ia INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) ❑ AREA VARIANCE (pp. 6-7) Revised 01/2021 ZON/NG BOARD OFAPPEALSAPPL/C4 noN FORM FAGE2 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) 240-6.3.3 (Vehicle Fueling Stations) 2. How do you request that this section be interpreted? Please see attached denial letter from Zoning Enforcement Officer, Patrick Cogan, dated 2/13/25 which requires a variance from applicant's letters with the factual history of the gasoline fueling on the site submitted on March 6, 2023. The Applicant requests that the ZBA find the provision of 240-6.3.3 inap li .ablP (rather than suhi ..t to a variance) dice to a long-standing condition of gaspump-.; on site dating back to 1928 which long pre -dates the 250' rule of 240-6.-3-3 of 1990 by over 60 years. 3. If interpretation is denied, do you wish to request alternative zoning relief? 2]Yes ❑No 4. If the answer to #3 is "yes," what alternative relief do you request?❑ Use Variance O Area Variance EXTENSION OF A VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 1. Date original variance was granted: 2. Type of variance granted? ❑ Use ❑ 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 01/2021 ZONINGBOARD OFAPPFALSAPPLICATIONFORM PAGED 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 Front setback - convenience store 40' 14' Front setback - Fuel Canopy 40' 23' Front setback - Rental 40' 30' 30' is the relief listed i the denial letter. 29' is the actual plan measurement. Rear Setback - Fuel Canopy 25' 2' Rear Setback - Rental' 50' 42' Property line associated with fueling station less than 250' Not permitted Permitted 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. Please see all prior applications and submissions 2022 and pending 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: Please see all prior applications and submissions 2022 and pending Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE % 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: Please see all prior applications and submissions 2022 and pending 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: Please see all prior applications and submissions 2022 and pending 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: Please see all prior applications and submissions 2022 and pending Revised 01/2021 ZONING BOARD OFAPPE4L4APPL1cATioNFORM DISCLOSURE PAGE 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", 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 infonmation 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. 4/3/2025 / Date: ell (applicant signature) Date: (applicant signature) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature: Date: Date: Revised 01/2021