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20190246 Lake Local Narrative PHINNEY DESIGNDESIGNGROUP 142 Grand Avenue Saratoga Springs I NY 112866 518.587,7120 I phinneydesign.corn March 14, 2019 Susan Barden Senior Planner City Hall — 1.5 Vanderbilt Ave Saratoga Springs, NY 12866 RE: 550 Union Avenue Right of Way/Bay Shore Drive (Private Road) Saratoga Springs, NY 12866 Susan, We are writing this letter to address the request for clarification on our approach to the Right-of-way on or adjacent to the 550 Union Avenue parcel. Per the Site Plan Notice of Decision Dated December 18th, 2018: 12. The applicant will commence an action to quiet title or, alternatively, seek a variance with the ZBA within 90 days. If applicant opts to quiet title and is unsuccessful, the applicant will seek a variance within 90 days from the judicial. After receiving the final signed Mylars Site plans on December 20, 2018, and our review of the overall process, cost, and timeframe associated with either seeking a variance with the ZBA, or pursuing a legal action to quiet title with our attorney and the Courts, it has been determined that the cost and timeframe associated with a legal action to quiet title is significantly higher and the time frame most likely significantly longer. In the interest of tying up this loose end as quickly and efficiently as possible, and after review of the two options with our attorney (Michele Anderson) and discussions regarding the matter with the City Attorney (Vincent J. DeLeonardis), the owners of 550 Union LLC have opted to pursue the variance with the ZBA to resolve the matter at this time. 550 Union LLC may pursue a legal action to quiet title in the future, but want to resolve the matter via the ZBA at this time to meet the Site Plan approval requirement, and focus on the rebuilding and reopening of the restaurant. We greatly appreciate your time, help, and coordination to date in helping us to address the many zoning, planning, and code issues inherited at this property and in cleaning up these conditions. The progress that has been made so far in cleaning up the property is incredible, and the approved site plan represent a major improvement from the state of the property, when purchased by 550 Union LLC. We look forward to completing the construction and site work to create something that everyone in the City can enjoy as another hospitality amenity for the City► of Saratoga Springs and its residents. Sincer ly, 4444 5 Michael R. Phinney, RA AIA L ED AP 1 Principal Architect, PHINNEY DESIGN GROUP (hand delivered on 3-18-19) architecture I interior design I construction management