HomeMy WebLinkAbout20230590 177 S Broadway Demo & Construction Stewart's Updated Application 10092025"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED`*
[FOR OFFICE uSEt
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
"= y
CITY HALL -474BROADWAY
SARATOGA SPRINGS, NEW YORK 12866-2296
TEL: 518-587-3550 X2533
www.saratoga-springs.org
APPLICATION FOR:
INTERPRETATION, USE VARIANCE,
AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICANT(S)*
Stewart's Shops Corp
Name
P.O. Box 435
Address
Saratoga Springs, NY 12866
Phone
518-581-1201 / 4260
Email rrubado@stewartsshops.com
Primary Contact Person: �✓ Applicant
OWNER(/(not applicant)
(Application #)
(Date received)
(Project Title)
Check if PH Required 11
Staff Review
ATTORNEY/AGENT
Libby Clark, Esq.
63 Putnam St Suite 202
Saratoga Springs, NY 12866
(518)682-6901
libby@libbyclarklaw.com
QOwner 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 m Lessee ❑ Under option to lease or purchase
PROPERTY INFORMATION
177 South Broadway 165 83 1 22
I. Property Address/Location: Tax Parcel No.: _
(for example: 165.52 — 4 — 37)
2006 T-5
2. Date acquired by current owner: 3. Zoning District when purchased:
Convenience store and gasoline CN
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
❑ Yes (when? For what?
m 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:
The plan is to purchase property to west, Raze existing Stewarfs Express and house, and build a new Stewarrs Shop. The
ass canopy is to remain at it's current location_
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 that apply):
❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) la AREA VARIANCE (pp. 6-7)
Revised 01/2021
ZONWG BOARD OFAPPEALSAPP[/CATION FORM
PAGE
AREA VARIANCE— PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
4.4 Commercial Mixed -Use
The applicant requests relief from the following Zoning Ordinance article(s)
districts standards
Dimensional Requirements
District Requirement
Requested
Minimum build -out percentage (Lincoln Ave)
70%
14% (80% relief)
Minimum build -out percentage (South Broadway)
70%
0% (100% relief)
Front Setback to South Broadway
12' max.
36' (100% relief)
Cumulative new one story building
3,000 SF
3,719 SF (24%
Relief)
Freestanding sign Area
12 SF
17 SF (41.7
(Relief)
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:
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.
Proposing a decorative brick wall alone the frontage with pedestrian seating where possible to give the feel of new urbanism. This
was a request from Planning Board during the sketch plan review.
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 build out is not met today. Nearby properties do not meet build out requirements. The fuel canopy is staying in the same
location and preventing a building to the street If the building were to go to the street to meet build out, the canopy would need to
go to the rear of the property. This would put gas further down Lincoln and closer to residential homes. Doing this would also
make it impossible to navigate a tanker or deliver truck within the property because the property lines converge as you go down
Lincoln Ave. narrowing the parcel. Also, Lincoln Ave. is a weight restricted road, so all truck traffic will need to enter and exit from
South Broadway to be compliant with City traffic laws.
Revised 0112021
ZONING BOARD OFAPPEALSAPPUG47/ONFORN PAGE?
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
No. The numerical amount of total frontage may seem high, but the addition of the wall gives the urban feel of frontage build out
and also takes attention away from the inner workings of the canopy. There are more properties in this area that do not meet the
build out requirement than do. The proposed layout is better for residential properties to the West.
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:
This variance has no environmental effects on the district. The proposed layout would benefit the physical or environmental
effects on the residential areas within this district. As stated before, to get the required build out, the canopy would need to move
to the rear of the property. If this were possible, it would put the gas activity directly adjacent to a residential property. This is not
desirable to the property owner. Putting the store between the gas canopy and the residents provides a buffer from vehicular
-aeiivity, but requires the -build eut and se`baek va-ianee
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:
This is not a self created issue. The canopy location needs to remain where it is today. Also, the parcel shape converges at the
rear of the property making vehicular traffic difficult and large truck deliveries impossible to safely maneuver if the building was to
the street.
Revised 01/2021
ZONINGBOARD OFAPPEALSAPPL/CATION 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? m No OYes 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. Uwe 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 a plication 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:
Owner Signature:
Date:
Revised 01/2021