(a) Variances to the provisions of section 502.4 of this Part may be granted by the department to any person who has acquired or who proposed to acquire lands or facilities owned or formerly owned by the State, where the deed or other instrument of transfer contains a covenant or use restriction placed upon such lands or facilities by the State at the time of disposition. Any person seeking relief from such covenant and use restrictions may submit a written request to the Commissioner of Environmental Conservation at 625 Broadway, Albany, NY 12233, and include the following information:

1. (1) the name and address of the petitioner;
2. (2) a copy of the deed or other instrument of transfer which includes the full text of the covenant or use restriction;
3. (3) a copy of maps or drawings, to suitable scale, which clearly identify the location of the property with existing or proposed improvements shown thereon;
4. (4) a description of the proposed uses for the property;
5. (5) a detailed text clearly indicating the basis for the petitioner's claim of unnecessary hardships and/or practical difficulties in the way of complying with the requirements imposed by the covenant and use restrictions; and
6. (6) any other information that the commissioner deems necessary to make a finding pursuant to subdivision (d) of this section, based upon the standards contained in subdivision (e) of this section.

(d) A variance may be granted or denied by the commissioner based upon information submitted by the petitioner and other resources available to the department. The granting of a variance pursuant to this section may contain such conditions or limitations as may be deemed reasonably necessary to assure that the spirit of the act shall be observed, public safety and welfare secured, and substantial justice done.

1. (1) The petitioner shall establish to the satisfaction of the commissioner that he will suffer an unnecessary hardship if the variance is not granted, or that there are practical difficulties in the way of carrying out the strict letter of the requirements of the covenant and use restriction. In the absence of a satisfactory showing of good and sufficient cause, no variance will be issued.

2. (2) The basis for the granting of a variance shall be a determination that the petitioner has established:

   1. (i) that the proposed project or use of such lands is consistent with the findings and purposes of the New York State Legislature as expressed in section 36-0101 of the Environmental Conservation Law; and
   2. (ii) that the public safety and welfare will be secured and substantial justice done.

(e) Standards for the granting of a variance.