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Home My WebLink About20250738 2 N Circular St Area Variance ApplicationRevised APPLICATION FOR: INTERPRETATION, USE V ARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT Name Address Phone / / / Email *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 Lessee Under option to lease or purchase PROPERTY INFORMATION 1.Property Address/Location: Tax Parcel No.: ________.______ - ______ - ______ (for example: 165.52 – 4 – 37 ) 2.Date acquired by current owner:3.Zoning District when purchased: 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? ) No 7. Is property located within (check all that apply)?: Historic District Architectural Review District 500’ of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: Yes No Yes No IV WKHUH DQ DFWLYH ZULWWHQ YLRODWLRQ IRU WKLV SDUFHO" Has the work, use or occupancy to which this appeal relates already begun? Identify the type of appeal you are requesting (check all that apply): INTERPRETATION (p. 2) VARIANCE EXTENSION (p. 2) USE VARIANCE (pp. 3-6) AREA VARIANCE (pp. 6-7) ASSOLFDQW OZQHU AWWRUQH\AJHQWPULPDU\ CRQWDFW PHUVRQ: **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** [FOR OFFICE USE] _______________ $SSOLFDWLRQ ____________ 'DWHUHFHLYHG @@@@@@@@@@@@@@@@@@@@@@@@@@ 3URMHFWTLWOH CKHFN LI P+ RHTXLUHG 6WDII RHYLHZ BBBBBBBBBBBBBBB CITY OF SARATOGA SPRINGS ZONING %OA5' OF APPEALS CIT< +ALL %ROA':A< 6ARATO*A 6PRIN*6 N(: <OR. T(L: ; www.saratoga-springs.org 2 North Circular Street Saratoga Springs, NY 12866 Jacquelyn Neuringer jambro626@gmail.com ✔ 2 N Circular Street, Saratoga Springs, NY 12866 165 44 1 77.1 June 2020 UR-2 Residential UR-2 ✔ ✔ We are seeking area variance for relief fence setback under UDO - Section 9.5(J)(2)(Fences and Walls) ✔ 914-648-0069 ✔ ✔ ✔ This is the case because a relatively small portion of the fence is adjacent to a retaining wall near the property line. Revised ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2 INTERPRETATION – PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 1.Identify the section(s) of the Zoning Ordinance for which you are seeking an interpretation: Section(s) 2.How do you request that this section be interpreted? 3.If interpretation is denied, do you wish to request alternative zoning relief? Yes No 4.If the answer to #3 is “yes,” what alternative relief do you request? Use Variance Area Variance EXTENSION OF A VARIANCE – PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 1.Date original variance was granted: ________________2. Type of variance granted? Use Area 3.Date original variance expired: ____________________ 5.Explain why the extension is necessary. Why wasn’t the original timeframe sufficient? When requesting an extension of time for an existing variance, the applicant must prove that the circumstances upon which the original variance was granted have not changed. Specifically demonstrate that there have been no significant changes on the site, in the neighborhood, or within the circumstances upon which the original variance was granted: Appraisal Assumptions: Revised ZONING BOARD OF APPEALS APPLICATION FORM PAGE 3 USE VARIANCE – PLEASE ANSWER THE FOLLOWING (add additional information as necessary): A use variance is requested to permit the following: For the Zoning Board to grant a request for a use variance, an applicant must prove that the zoning regulations create an unnecessary hardship in relation to that property. In seeking a use variance, New York State law requires an applicant to prove all four of the following “tests”. 1.That the applicant cannot realize a reasonable financial return on initial investment for any currently permitted use on the property. “Dollars & cents” proof must be submitted as evidence. The property in question cannot yield a reasonable return for the following reasons: A.Submit the following financial evidence relating to this property (attach additional evidence as needed): 1) Date of purchase:Purchase amount: $ 2) Indicate dates and costs of any improvements made to property after purchase: Date Improvement Cost 3)Annual maintenance expenses: $4) Annual taxes: $ 5) Annual income generated from property: $ 6) City assessed value: $ Equalization rate: Estimated Market Value: $ 7) Appraised Value: $ Appraiser: Date: Revised ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4 B.Has property been listed for sale with Yes If “yes”, for how long? _______________________________ the Multiple Listing Service (MLS)?No 1) Original listing date(s): Original listing price: $ If listing price was reduced, describe when and to what extent: 2) Has the property been advertised in the newspapers or other publications?Yes No If yes, describe frequency and name of publications: 3) Has the property had a “For Sale” sign posted on it? Yes No If yes, list dates when sign was posted: 4) How many times has the property been shown and with what results? 2.That the financial hardship relating to this property is unique and does not apply to a substantial portion of the neighborhood. Difficulties shared with numerous other properties in the same neighborhood or district would not satisfy this requirement. This previously identified financial hardship is unique for the following reasons: Revised ZONING BOARD OF APPEALS APPLICATION FORM PAGE 5 3.That the variance, if granted, will not alter the essential character of the neighborhood. Changes that will alter the character of a neighborhood or district would be at odds with the purpose of the Zoning Ordinance. The requested variance will not alter the character of the neighborhood for the following reasons: 4.That the alleged hardship has not been self-created. An applicant (whether the property owner or one acting on behalf of the property owner) cannot claim “unnecessary hardship” if that hardship was created by the applicant, or if the applicant acquired the property knowing (or was in a position to know) the conditions for which the applicant is seeking relief. The hardship has not been self-created for the following reasons: Revised ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6 AREA VARIANCE – PLEASE ANSWER THE FOLLOWING (add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements 'LVWULFW RHTXLUHPHQW RHTXHVWHG 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: 1.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. 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: Section 9.5(2)(a) of the UDO Eastern Fence / (Route 50 Facing Side) - Combining heights of walls & fences together. Wall is 4’ 10” + Fence is 8’ = 12' 8” Southern Fence (Burke Funeral Home Side) - Fence height is 8’ 6’ height 6' height 6’ 10” 2’ We do not believe so, as the fence has been in place since 2021 and the neighbors have all been comfortable with its wooden and decorative aesthetic and height and have beneﬁted from the enhanced security and privacy it affords. As pictured, the development of the property has materially improved the visual experience of this portion of the community as there was a dilapidated and unsafe cottage on the property before we removed it and re-built the property as it currently stands. The current fence provides all neighbors with privacy in a crowded area. AFSCO installed our fence and assured us that, given its proximity to the high-trafﬁc corridor of Route 50 and the adjacent Burke Funeral Home, it was fully compliant with code. The fence was installed at its current height directly along the property line, independent of the existing retaining wall. Burke Funeral Home operates seven days a week, creating a constant need for privacy and separation. Due to the site's topography, a retaining wall is necessary on the eastern side. Even if the fence height were reduced to four feet, the combined height of the wall and fence would still exceed the limits set by the UDO. Removing and rebuilding the existing fence would not only go against the preferences of adjacent homeowners, but would also involve substantial disruption to the property and neighborhood. The original installation took several weeks due to challenging ground conditions, and replicating that work would require signiﬁcant labor and material costs. Relocating the fence inward from the property line would expose unsightly pool equipment that is difﬁcult and extremely costly to relocate, creating a noise, safety and aesthetic issue for the neighbors who currently support retaining the existing fence in its current form. As documented in the attached letters of support, all neighboring property owners facing the boundary line are in favor of keeping the fence/wall unchanged. Importantly, the fence/wall is set back from the street and poses no safety hazard to drivers. Moving it back ﬁve feet and reducing its height to four feet would also compromise safety and eliminate privacy due to the site’s topography, negatively impacting the neighboring properties Revised ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7 3.Whether the variance is substantial. The requested variance is not substantial for the following reasons: 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: 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: No. This variance has no effect on the environment and as noted is welcomed by the neighborhood as provided in the attaced letters of support. We believe the requested variance is not substantial. On the eastern portion of the property, due to the topography and the presence of a required retaining wall, the effective variance for fence height would amount to only approximately two feet under the UDO when measured independently from the wall. On the southern boundary, the adjacent property—Burke Funeral Home—is a commercial business located within a residential district. The UDO allows for an eight-foot fence where residential properties abut commercial districts. While Burke Funeral Home is technically in a residential district, its commercial use aligns with the policy intent behind the UDO’s provision: to afford greater privacy to residential properties neighboring commercial activity. This consideration is especially pertinent given the high-trafﬁc nature of the area and the unique sensitivities associated with a funeral home. Yes, while the difﬁculty may be considered legally self-created, it was not the result of any intentional action on our part. We retained AFSCO—a well-regarded fence contractor—not only to construct and install the fence, but also to design it in compliance with applicable codes. We reasonably relied on their expertise and were assured, even after raising questions, that the fence met all city code requirements. At no point were we informed otherwise, and none of the other licensed professionals working on-site at the time raised any concerns. The ﬁrst time we became aware of a potential compliance issue was during the ﬁnal inspection. Our pool inspection would have passed but for the fact that the fence exceeded the code height requirements. Additionally, we genuinely believed that a taller fence would better serve the safety and privacy interests of the neighborhood—particularly given the site's topography, the visibility into the yard, and the steady ﬂow of pedestrians due to the property’s proximity to Route 50 and Burke Funeral Home. 2/23/25, 3'55 PMGmail - Fwd: Variances Saratoga Springs Page 1 of 1https://mail.google.com/mail/u/0/?ik=e4fe477371&view=pt&search=…7Cmsg-a:r23394962461670543&simpl=msg-a:r23394962461670543&mb=1 Matthew Neuringer <matthewneuringer@gmail.com> Fwd: Variances Saratoga Springs 1 message Matthew Neuringer <matthewneuringer@gmail.com>Sun, Feb 23, 2025 at 3:54 PM To: Matthew Neuringer <matthew.neuringer@gmail.com> From: Joseph Conlon <conlonjoe@yahoo.com> Date: Mon, Jan 20, 2025 at 8:00 PM Subject: Variances Saratoga Springs To: Matt Neuringer <matthewneuringer@gmail.com> To whom it may concern I write in support of the following variances: 2 N. Circular Street - fence height to allow existing as installed. I remain supportive of the applicants prior and future investments in their primary residence and adjoining parcels. Best regards, Joseph Conlon 39 Catherine St., Saratoga Springs, New York Sent from IPhone - Dictation by Joe, grammar errors by Siri Revised INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS ELIGIBILITY: To apply for relief from the City’s Zoning Ordinance, an applicant must be the property owner(s) or lessee, or have an option to lease or purchase the property in question. The Zoning Board of Appeals (ZBA) shall not accept any application for appeal that includes a parcel which has a written violation from the Zoning and Building Inspector that is not the subject of the application. COMPLETE SUBMISSIONS: Applicants a re e ncouraged to w ork w ith City s taff to e nsure a c omplete application. TheZBA w ill only c onsider p roperly c ompleted a pplications that contain original and d igital version of the following: Completed application pages 1 and 8, the pages relating to the requested relief (p. 2 for interpretationor extension, pp. 3-5 for use variance, pp. 6-7 for area variance), and any additional supporting materials/ documentation. **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** Completed SEQR Environmental Assessment Form – short or long form as required by action. http://www.dec.ny.gov/docs/permits_ej_operations_pdf/seafpartone.pdf Detailed “to scale” drawings of the proposed project – folded and no larger than 24”x 36”. Identify all existing and proposed structures, lot boundaries and dimensions, and the relationship of structures to the lot dimensions. Also, include any natural or manmade features that might affect your property (e.g., drains, ponds, easements, etc.). Photographs showing the site and subject of your appeal, and its relationship to adjacent properties. APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance”. 3&'&3505)&$633&/5'&&803,4)&&5*/$-6%&%*/5)*4%0$6.&/5 Check City’s website (www.saratoga-springs.org) for meeting dates. CITY OF SARATOGA SPRINGS Z ONING B OARD OF A PPEALS City Hall - 474 Broadway Saratoga Springs, New York 12866 Tel: 518-587-3550 X2533 www.saratoga-springs.org Revised ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE 2 PUBLIC HEARING ADVERTISEMENT The Zoning B oard o f A ppeals is r equired to ho ld a p ublic he aring o n e ach s ubmitted application w ithin n inety (90) days from when it is determined to be properly complete by City staff. CLW\ VWDII ZLOO SUHSDUH D OHJDO QRWLFH IRU WKH SXEOLF KHDULQJ DQG DUUDQJH WR KDYH WKH SXEOLF KHDULQJ DQQRXQFHPHQW SULQWHG LQ WKH OHJDO QRWLFH VHFWLRQ RI D ORFDO SXEOLFDWLRQ DW OHDVW GD\V EHIRUH WKH KHDULQJ PROPERTY OWNER NOTIFICATION Applicants are required t o m ail a c opy o f t he p ublic he aring legal notice t o a ll property o wners w ithin t he f ollowing distances from the boundaries of the land in question: Type of variance Distance for property owner notification Use variance 250 feet Area variance & Interpretation 100 feet This notice must be sent at least 7 days but not more than 20 days before the date of the public hearing. City staff will email a copy of the “property owner notification letter” to the applicant. The applicant must then send the notification letter to the nearby property owners. Applicants may not include any other materials in this mailing. The mailing must be certified by the U.S. Post Office. Prior to the public hearing, applicants must present the Post Office “certificates of mailing” to the ZBA. If “certificates of mailing” are not presented prior to the hearing, the hearing will be cancelled. Application to City Council FEE Comprehensive Plan amendment $1,800 + $300/acre Zoning Ordinance amendment $800 + $300/acre Planned Unit Development (PUD) amendment $800 + $300/acre Application to Zoning Board of Appeals Use Variance $1,400 + $50/app Area Variance - Residential $350/1st var +$50/app +$150/ea add variance Area Variance - Non-residential $1000/1st var + $50/app+ $200/ ea add variance Interpretations $650 + $50/app Application Fee x 2 + $50/app Variance extensions 50% of Application fee + $50/app Application to Design Review Commission Demolition $500 Residential Structures Principal $70 Accessory $70 Extension $35 Modification $55 Multi-Family, Comm, Mixed-Use Structures Sketch $200 Principal $650 Extension $250 Modification $400 Multi-Family, Comm, Mixed-Use Accessory, Signs, Awnings Principal $150 Extension $100 Modification $150 Application Fee x 2 Application to Planning Board Special Use Permit $1200 + $50/app Temporary Use Permit $500 Special Use Permit - extension $400 Special Use Permit - modification $550 + $50/app Site Plan Review - incl. PUD: Sketch Plan $400 per sketch Site Plan Full Residential $400 + $250/unit Non-residential $800 + $150/1000 sf Administrative SPR Residential $400 Non-residential $800 Extension Residential $250 Non-residential $350 Subdivision - incl. PUD: Sketch Plan $400 per sketch Preliminary Approval Residential: 1-5 lots $700 + $50/app Residential: 6-10 lots $1100 + $50/app Residential: 11-20 lots $1450 + $50/app Residential: 21+ lots $1800 + $50/app Residential - extension $350 Final Approval Residential $1,550 + $200/lot + $50/app Non- Residential $2,400/lot + $50/app Final Approval Modification Residential $400 + $50/app Non- Residential $800 + $50/app Final Approval Extension Residential $250 Non- Residential $350 Other: Lot Line Adjustment/Subdivision Administrative Action$400 Letter of Credit - modification or extension $400 Letter of Credit - collection up to 1% of LoC Recreation Fee $2000/lot or unit Land Disturbance $750 + $35/acre Watercourse/Wetland Permit $750 SEQRA EIS Review (Draft & Final) TBD Post Work Application Fee Post Work Application Fee OFFICE OF PLANNING AND ECONOMIC DEVELOPMENT FEES - 2023 City of Saratoga Springs OPED Fees Page 1 of 1 5 Te x t Te x t Ea s t e r n S i d e F e n c e - R o u t e 5 0 2/23/25, 3'55 PMGmail - Fwd: Variances Saratoga Springs Page 1 of 1https://mail.google.com/mail/u/0/?ik=e4fe477371&view=pt&search=…7Cmsg-a:r23394962461670543&simpl=msg-a:r23394962461670543&mb=1 Matthew Neuringer <matthewneuringer@gmail.com> Fwd: Variances Saratoga Springs 1 message Matthew Neuringer <matthewneuringer@gmail.com>Sun, Feb 23, 2025 at 3:54 PM To: Matthew Neuringer <matthew.neuringer@gmail.com> From: Joseph Conlon <conlonjoe@yahoo.com> Date: Mon, Jan 20, 2025 at 8:00 PM Subject: Variances Saratoga Springs To: Matt Neuringer <matthewneuringer@gmail.com> To whom it may concern I write in support of the following variances: 2 N. Circular Street - fence height to allow existing as installed. I remain supportive of the applicants prior and future investments in their primary residence and adjoining parcels. Best regards, Joseph Conlon 39 Catherine St., Saratoga Springs, New York Sent from IPhone - Dictation by Joe, grammar errors by Siri