HomeMy WebLinkAbout20220202 31-33 Marion Interpretation NODPage 1 of 3
CITY OF SARATOGA
SPRINGS
ZONING BOARD OF APPEALS
CITY HALL - 474 BROADWAY
SARATOGA SPRINGS, NEW YORK 12866
518-587-3550
WWW.SARATOGA-SPRINGS.ORG
Gage Simpson, Chair
Brendan Dailey, Vice Chair
Shafer Gaston
Amanda Demma
Jonah Cohen
Otis Maxwell
Chris LaPointe
Chris Maslak (Alternate)
Robert West (Alternate)
#20220202
IN THE MATTER OF THE APPEAL OF
Stewart’s Shops Corp.
2907 Route 9
Malta, New York 12020
WHEREAS, Applicant Stewart’s Shops Corp. having applied for an interpretation appeal of a
Determination issued on February 3, 2025 by the City Zoning and Building Inspector involving the
applicability of Section 240-6.3.3(B)(3) of the City Zoning Ordinance enacted on October 4, 2012, to
property located at 31-33 Marion Avenue and identified as Tax Map Parcel No. 166.5-4-5 (the
“Property”);
WHEREAS, Stewart’s Shops Corps. is the owner of the Property and the Building Inspector’s
Determination was rendered in the context of certain land use approval applications made by Stewart’s in
furtherance of its proposed development of the Property, which includes demolition of an existing service
station and construction of a new convenience store and 3,000 square feet of tenant space and a vehicle
fueling station (the “Project”); and
WHEREAS, the Property was formerly identified as three separate Tax Map Parcels, Tax Map
Parcel Nos. 166.5-4-1.1, 166.5-4-1.2 and 166.5-4-1.3, before Applicant merged the Property into a single
parcel as reflected on site plan with revision date 3/6/2024; and
WHEREAS, the merger of the three Tax Map Parcels created a new single parcel and therefore
new property boundary lines; and
WHEREAS, the Property is located partially within the Tourist Related Business District and
partially within the Urban Residential-2 (“UR-2”) District under the Zoning Ordinance; and
WHEREAS, the boundary between the Tourist Related Business District and the UR-2 District
runs from west to east through the Property (this district boundary line was coincident along the lot line
between former Tax Map Parcels 166.5-4-1.1 and 166.5-4-1.3); and
WHEREAS, Zoning Ordinance Section 240-6.3.3 states:
“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:
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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.” and
WHEREAS, the Building Inspector’s Determination found that Zoning Ordinance Section 240-
6.3.3(B)(3) applies to the Project, that the Property is not permitted as it does not comply with this Section
as the Property lines are located within 250 feet of an abutting residential district, and that the Project
would require an area variance from this Section; and
WHEREAS, Applicant filed this appeal of the Determination on April 3, 2025; and
WHEREAS, the Board opened a duly-noticed Public Hearing on this appeal on May 12, 2025 and
closed the public hearing on July 14, 2025; and
AND NOW THEREFORE IT IS HEREBY,
RESOLVED, that the City of Saratoga Springs Zoning Board of Appeals makes the following
findings:
1) Zoning Ordinance Section 240-6.3.3(B)(3) is clear and unambiguous. The Section requires that
no property line associated with a vehicle fueling station be located within 250 feet of an abutting
residential district.
2) The district boundary between the Tourist Related Business District and the Urban Residential-2
District of the Zoning Ordinance runs through the Property (coincident along the lot line between
former Tax Map Parcels 166.5-4-1.1 and 166.5-4-1.3).
3) The Project does not meet the requirements of Zoning Ordinance Section 240-6.3.3(B)(3) as there
would not be at least 250 feet from a property line associated with a vehicle fueling station, as
defined in Zoning Ordinance Appendix A, to a residential district.
4) While a vehicle fueling station has been located on the Property, Project is not considered a lawful
pre-existing non-conformance relieving it from the requirements of Zoning Ordinance Section
240-6.3.3(B)(3). The merger of the former three Tax Map Parcels into a single parcel on created
new Property boundary lines as of that date requiring that the proposed Project meet the
requirements of Zoning Ordinance Section 240-6.3.3(B)(3).
RESOLVED, that the Zoning and Building Inspector’s February 13, 2025 Determination is
hereby upheld, as the Project does not comply with Zoning Ordinance Section 240-6.3.3(B)(3) and
requires an area variance from this provision in order to proceed.
Duly adopted this 14th day of July, 2025, by the following vote:
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Passes by the following votes:
AYES: 6 (G. Simpson, B. Dailey, J. Cohen, S. Gaston, O. Maxwell, A. Demma)
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 date above mentioned, seven
members of the Board being present.
SIGNATURE:
CHAIR