[{"_1":2,"_111":-5,"_112":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87,99],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6558125,"mediaKeyId","3276093-df09237f7f0c4ee895edf997cb950344","parentId",3276093,"title","ZBA reopens hearing on Stewarts redevelopment; interpretation appeal over 250-foot fueling rule is central","audioSeconds",657,"startMs",4773000,"endMs",5430000,"viewUrl","/Search/View?dp=1&key=3276093-df09237f7f0c4ee895edf997cb950344&start=4773&end=5430","thumbnailUrl","https://assets.pipeline.soar.com/3276093-df09237f7f0c4ee895edf997cb950344/thumbnail_4773000.jpg","articleUrl","/articles/6558125/Saratoga-Springs-City/Saratoga-County/New-York/ZBA-reopens-hearing-on-Stewarts-redevelopment-interpretation-appeal-over-250-foot-fueling-rule-is-central","mediaUrl","https://secure.pipeline.soar.com/6558125-4536e5d7e7d13892ba30cae26998a9d0/orig.mp4?Expires=1771203005&Signature=gUXbL583ASFFbx8ZTqZf~F8MDr2AbuzS1rR7tBTOK7KRzyBfoA5x~px6JelIS1F1Adjbd0pvXlj2gLKBD8lQyYhpNvIZs1PH6y88829z0asRs0IG2zGFtrIpLfwysd0RLAMGuzlNlq5UqwEC8W~hjO2kNK4izMp4A8Q2-6lGOs6JnFtuLxPUgMJRswEhuc10lfI7hjUdlWRYhnWy4Xxw-f5QB5GvITAqPDq-hn9f2XHdUu3XAqxN0-QtMV3kiNCaM39TQmaWg6yBraFZLlI-Lk1WZXlFG9WyaH2hpkrMJQKQ4bWUYgOwDPeRjuvp~Ijqu8ZMVE4zPYvBprgHKgRWtw__&Key-Pair-Id=KUT5TJCACFTXG","author","Saratoga","date","2025-05-12T00:00:00Z","article","A multi-year redevelopment proposal by Stewart's (Stewarts Shops) for property at Marion Avenue and Maple Dell came back before the Saratoga Springs Zoning Board of Appeals May 12, with the board reopening the public hearing to focus first on an interpretation appeal about a 250-foot fueling-station rule.

Libby Clark, counsel for Stewarts, reviewed a lengthy application history dating to 2021 and summarized multiple redesigns: Stewarts removed a previously proposed car wash, reduced rental/commercial space, placed larger areas under proposed conservation easement to buffer adjacent residences, and revised plan setbacks to respond to city comments. Clark said the redevelopment would reduce the number of underground storage tanks and move filled areas farther from Loughberry Lake compared with historic conditions and argued the design improves stormwater and site safety compared with the existing facility.

The key legal dispute now before the ZBA is an interpretation appeal of a UDO provision the transcript cites as a 250-foot rule (referred to in filings as section 6.63 or variants). Clark told the board three alternative legal positions: that the cited provision is facially ambiguous or impossible as written; that the fueling station is a preexisting nonconforming use; or, if neither of those apply, that the board should grant area-variance relief. \"One of the appeals ... is the denial of a permitted fueling station based on plain language. It's our position ... this section fails for vagueness and impossibility and should not be enforced,\" Clark said.

City staff noted the technical complication that, after lot merges, the property line associated with the fueling station now abuts a residential district whereas historically a separate parcel had separated the fueling activity from homes. That technical change means staff does not automatically treat the site as grandfathered; the board will need to consider whether lot-line changes and mergers affect a preexisting nonconforming claim.

Members of the neighborhood and the Saratoga neighborhood association urged the ZBA to uphold the code-enforcement officer's earlier determination. A representative said the court confirmed the zoning officer's view at one stage and argued that allowing the redevelopment to proceed without application of the 250-foot rule would set an undesirable precedent. \"If you set the precedent that this project that demolishes, expands over property lines, combines properties, doesn't have to abide by the zoning ordinance, think of the precedent that sets,\" a neighborhood representative told the board.

Board members and staff agreed the interpretation appeal should be resolved before moving to other area-variance determinations. The board reopened the public hearing for comment focused on the interpretation and indicated it will take additional time to review the legal materials and the record before issuing a decision; no final rulings were issued at the meeting.","mediaType","Video","parentTitle","Saratoga - ZBA - May 12, 2025","oneSentenceSummary","A multi-year redevelopment proposal by Stewart's (Stewarts Shops) for property at Marion Avenue and Maple Dell came back before the Saratoga Springs Zoning Board of Appeals May 12, with the board reopening the public hearing to focus first on an interpretation appeal about a 250-foot fueling-station rule.","taxTitle","Saratoga Springs City, Saratoga County, New York","taxId",7807,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6558130,"ZBA grants area variances for 13 Wizzwall Lane; approval conditioned on existing structure",789,3996000,4785000,"/Search/View?dp=1&key=3276093-df09237f7f0c4ee895edf997cb950344&start=3996&end=4785","https://assets.pipeline.soar.com/3276093-df09237f7f0c4ee895edf997cb950344/thumbnail_3996000.jpg","/articles/6558130/Saratoga-Springs-City/Saratoga-County/New-York/ZBA-grants-area-variances-for-13-Wizzwall-Lane-approval-conditioned-on-existing-structure","https://secure.pipeline.soar.com/6558130-57a4ae640f0727d6db6e5d2deea3de7d/orig.mp4?Expires=1771203005&Signature=VjSG6QNXEgUxPxohGAsXnG8wIJ-TTlLF2kcVnGyzhDZ7oVCj02Y3PhehjKtzv-EjjUPn6GCXe14uhd9-w1IPnNzxnPABY-~qtMd3Wg0HpFwx~jzeq1~FL24x27mBGa2v4Yd6ifH-aZZYHBfFOODwqHmdylSZ6iVS6936~E8P4AoE-jf9LczxURR96KUOFFGKnw981KoBrd8dcnRIbyP9g-FvlUplUzz4q~dTc56VYgjcT-YUEJBCmN3cU7NK2taz9bw9nshXGmc6l3DzBhLI18bc33yNmUtlrSX5y45avkjKVbJxRY3hUDVYi9ZFFebL0dfFyDXoy2CYYbO4pJokjg__&Key-Pair-Id=KUT5TJCACFTXG","The Saratoga Springs Zoning Board of Appeals voted May 12 to approve multiple area variances for renovation at 13 Wizzwall Lane, an application from property owner John Witt.

The board approved variances for minimum lot size (relief of 4,004 square feet or ~50.1%), minimum lot width (20 feet relief, 25%), maximum lot coverage (relief of 29%, requested 69% coverage), front and rear setback relief, side setbacks, and maximum impervious surface (proposed 78% vs. 70% allowed). The motion included a condition that the variances \"shall remain in effect for this existing structure only\" and that the approval \"shall be deemed to have expired and no longer be in effect\" if the structure is demolished.

During the hearing, the applicant presented modifications to improve permeability, including adding a grass strip and permeable pavers that would lower effective imperviousness from earlier plans. Board members noted the revised plan modestly improved conditions and that the application was similar to a previously approved plan (202300281) for the same property; the board also recorded that the applicant failed to request an 18-month extension previously and had to reapply.

The board's roll-call vote was recorded as follows: Christopher LaPointe — in favor; Jonah Cohen — in favor; Shafer Gaskin — in favor; Amanda Dema — in favor; Brendan Daly — in favor; Gage Simpson — in favor. Otis Maxwell was absent. The board chair summarized findings under the statutory five-factor area-variance test, including achievability by other means and environmental impacts, and concluded the requested variances were substantial but mitigated by neighborhood character and the preexisting nature of the structure. The motion passed by recorded vote.","The Zoning Board approved a set of area variances for 13 Wizzwall Lane, allowing conversion work that includes lot size, width, coverage, setbacks and impervious surface variances; approval applies only to the existing structure and expires if the structure is demolished.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6558136,"Neighbors challenge upstairs bathroom request as ZBA calls for comparables and clarification",416,822000,1238000,"/Search/View?dp=1&key=3276093-df09237f7f0c4ee895edf997cb950344&start=822&end=1238","https://assets.pipeline.soar.com/3276093-df09237f7f0c4ee895edf997cb950344/thumbnail_822000.jpg","/articles/6558136/Saratoga-Springs-City/Saratoga-County/New-York/Neighbors-challenge-upstairs-bathroom-request-as-ZBA-calls-for-comparables-and-clarification","https://secure.pipeline.soar.com/6558136-b377d04e89e4b768c68f4370c8f7cf0d/orig.mp4?Expires=1771203005&Signature=dK~1MowFsUbUuLE1IONfCjKk8GRdsGSnEFiB2SS8WfgpYiISMNztxS9GFkzkcFtxjDZF1rRjj149cpWXgePmhc43z2Vj2WcHGnVyGlRVeouvmyQCNMOwskvQpCE1Dty~uWDCWbCKLFXa8PmgWmXk1v5fBRMOIlmJpKrbT9nqxw0sTiUIHyhg5gFSZyHb7aRRoJviusHX93K2rc37B5Vgp15f-vj1K-VAsH8RXNgHScbX0LwpWCJxbGMhP2KGoEXKjwL~ei-FQj5JvU9W2SGzUj64dSijMhVECwDDLpoT83XeWkAhFjRsRvqPhiETout0RCumLz2CW6thxD19cFR-PA__&Key-Pair-Id=KUT5TJCACFTXG","The Saratoga Springs Zoning Board of Appeals held a public hearing May 12 on an application to allow indoor bathing facilities on the second floor of a preexisting two-story detached garage at 36 Hyde Street.

Libby Clark, counsel for the applicants, told the board the garage was permitted and built in 2019 under the prior zoning rules and later issued a certificate of occupancy. Clark said the upstairs was constructed with the intent that it could be finished and that the structure was plumbed during original construction. \"The garage was designed to be finished — there is no bedroom and there is no kitchen. It is solely an office area with a dividing wall for a TV for an office and a conference area and a wet bar with a mini fridge,\" Clark said, and noted that the only feature now at issue is a bathroom on the second floor.

Under the current Unified Development Ordinance (UDO), accessory structures are not allowed to contain indoor bathing facilities above the first floor. Zoning staff confirmed that the issue before the board is the presence of plumbing fixtures above the first floor and that a denial would be required for that relief; overnight stays remain prohibited in accessory structures. City staff said the application originally indicated the intent to create a separate dwelling unit but that the applicants' presentation at the hearing described finished office space with a bathroom. The board asked the applicants to provide written clarification of the intended use and a revised denial to reflect the narrower relief sought.

Several nearby residents spoke in objection, citing proximity, shading and neighborhood character. Eden and Richard Clay, owners of 17 Birch Street directly behind 36 Hyde, said the garage sits about 5.3 feet from their fence; they and other neighbors said earlier representations indicated the garage would not be occupied. \"When I saw that it had 7 windows on the second story, I called again and I said this is not a storage unit, this is an apartment,\" Eden Clay said. Other neighbors raised concerns about precedent and enforcement.

Builder John Witt said the garage was designed and permitted under earlier zoning and that rough plumbing was run to the garage at the time of construction as a cost-saving measure; he said connecting the garage to the main house now would trigger greater coverage and setback variances and noted architectural reasons for keeping a detached garage. \"It was conceived as a later thing because in 2012, you had no idea what the UDO was gonna look like,\" Witt said.

Board members requested the applicants submit: (1) a written clarification of the intended use upstairs and, if applicable, an amended application; (2) comparables showing similar finished detached garage space in the vicinity; and (3) documentation explaining why a first-floor bathroom is impractical, or why plumbing cannot be removed from the second floor. Patrick (city staff) said a new denial will be issued that limits relief to the UDO accessory-structure plumbing restriction if the applicants confirm finished office space with a bathroom is their intent. The public hearing remained open and the matter will return to the board; the next scheduled meeting was noted as June 2.","Owners of 36 Hyde Street seek area variance to allow indoor bathing facilities on the second floor of a detached garage; the ZBA kept the public hearing open and asked the applicants to submit comparables, clarify intended use, and explain why a first-floor bathroom is impractical.",{"_33":100,"_35":36,"_37":38,"_39":101,"_41":102,"_43":103,"_45":104,"_47":105,"_49":106,"_51":107,"_53":108,"_55":56,"_57":58,"_59":109,"_61":62,"_63":64,"_65":110,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6558140,"ZBA asks for renderings, comparables as Quality Hardware seeks larger wall sign",28,45000,73000,"/Search/View?dp=1&key=3276093-df09237f7f0c4ee895edf997cb950344&start=45&end=73","https://assets.pipeline.soar.com/3276093-df09237f7f0c4ee895edf997cb950344/thumbnail_45000.jpg","/articles/6558140/Saratoga-Springs-City/Saratoga-County/New-York/ZBA-asks-for-renderings-comparables-as-Quality-Hardware-seeks-larger-wall-sign","https://secure.pipeline.soar.com/6558140-411634bbca8763dabef861498d958364/orig.mp4?Expires=1771203005&Signature=bYWOdtF48JZGZ-lPq1vC0vRkAQzqBNcPwq9KdlHrTUUoaI3sdDqIbvi9KWbA3Jowxk4f8vC548fLXwoCbosoooIvxTPFcTw9GBVWWoKeF2vRoKm8KXZKlhsdx7lfcZTroIhVoI1U6gGK1MfYz2TvX~43s5SNwXYQ8puskOx9BGYy0rJm8fatbjHdrwrIz0KGX9X5HqoneiaRp30D~BKyht82lofIZYN0Bnhj4nRxYABMp~8yRfgH5alRO84A~lv36EZK5JB7l3l3nRlqAbNpHDBUEYNMQytmhkTOBIcYy~CmMvw-2ao2qBRyeH~B93Bqg90tuLfMu4yer9Fha6~zMw__&Key-Pair-Id=KUT5TJCACFTXG","The Saratoga Springs Zoning Board of Appeals opened a public hearing May 12 on an area-variance request for a new wall sign at 110 Excelsior (Quality Hardware).

The applicant, represented by Carl Wheeler of AJ Signs, asked the board for larger letters and a larger circular logo element — requesting 24-inch letters where the Unified Development Ordinance allows 18 inches and a 48-inch circular logo element. \"The reason we're seeking a variance is the letter height. We're looking for 24 inches where you're allowed 18,\" Wheeler said, adding that the \"Q\" logo is proportionally much larger than the lettering.

Board members said they are open to the idea that the circular \"Q\" functions as a logo rather than text, but asked the applicant to provide side-by-side renderings that show what the lettering and other sign elements would look like at the permitted 18-inch height. \"To make a comparison, I would want to see what 18 inches looks like, just a rendering so that we can compare,\" said ZBA member Shaffer Gaskin. Members also asked for comparisons to adjacent businesses' signage and for documentation of the current sign dimensions; the applicant indicated they would obtain permit records and provide those materials.

The board discussed existing signage on the façade — smaller brand panels (for example, paint brands) and a larger central sign that previously measured about 4 by 12 feet with roughly 12-inch letters — and said that if the applicant can show the proposed design is consistent with neighboring signs or that reducing other sign elements is possible, that would strengthen the case for limited relief. \"It might also be more compelling if you're willing to minimize or reduce some of the other signage,\" Gaskin said.

No vote was taken. The ZBA left the public hearing open and asked the applicant to submit revised materials, including: (1) a rendering showing the sign at the code-compliant 18-inch letter height; (2) comparable signs in the immediate area; and (3) confirmation of which existing signs will be removed or retained. The board said the matter will return at a later meeting (next meeting noted as June 2).","Quality Hardware representative asked the Saratoga Springs Zoning Board of Appeals for variances to increase letter height and a logo element on a new wall sign; board left public hearing open and requested renderings and neighborhood comparisons before deciding.","actionData","errors"]

Article not found

ZBA reopens hearing on Stewarts redevelopment; interpretation appeal over 250-foot fueling rule is central

ZBA grants area variances for 13 Wizzwall Lane; approval conditioned on existing structure

Neighbors challenge upstairs bathroom request as ZBA calls for comparables and clarification

ZBA asks for renderings, comparables as Quality Hardware seeks larger wall sign