https://sleepyhollow.localarchives.org/files/original/f104651aa88527880c05231fab00176d.pdf 87af98008bdcc2a120dbbbb125ba6301 PDF Text Text RESOLUTION Adopted at the January 16,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variance PROPOSED: Construction of a basement apartment LOCATION: 166 Cortlandt Street TAX IVIAP DESIGNATION: Section 115.11, Block 5, Lot 82 ZONING DISTRICT: C-2 WHEREAS, on or about September 28,2018, an application was submitted by Busel, LLC (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for an area variance approval (the "Application") pursuant to the Article XII of the Zoning Code of the Village of Sleepy Hollow; and WHEREAS, the Applicant is seel<ing a variance from Sections 450-80 (2) of the Zoning Code to permit the construction of a two-bedroom basement apartment where as per Article VII, 450-41.E,: Off-street parking regulations require 12 parking spaces where 4 parking spaces exist; and WHEREAS, the property Is located at 166 Cortlandt Street and is situated in the C-2 zoning district, and is shown on the Town tax assessment maps as Section 115.11, Block 5, Lot 82; and WHEREAS, the Zoning Board of Appeals has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. Zoning Board of Appeals application submitted by the Applicant, dated September 28, 2018, including: a. Zoning Compliance form b. Environmental Assessment Form Part-1 Project information c. Deed copy dated July 17, 2018 d. Photograph of the existing exterior condition e. Property survey from Andrian S. Lalsa dated June 10, 2018 f. Construction drawing A1 from NcC Studio Architecture dated September 25, 2018 WHEREAS, the ZBA held a duly noticed public hearing on November 14, 2018 to hear and consider the application; and WHEREAS, testimony was offered by Niall Cain from NcC Studio Architecture, whose office is located at 5 Atilda Avenue, Dobbs Ferry, NY, on-behalf of the Applicant, to express that having an occupancy at this location would be more desirable than a "dead zone" storage space considering its visibility from the �street and that a variance for additional on-street parking should be granted in order for legalized construction of a basement apartment to be approved by the Building Department. WHEREAS, in making its determination as to whether the applicant should be granted an area variance to the applicant, the ZBA considered the following factors: 1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; 2) whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance; 3) whether the requested area variance is substantial; 4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 5} whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance; and NOW, THEREFORE, BE IT RESOLVED, that Zoning Board, after review of the materials submitted, public comments, including written correspondence and recommendations, has determined that in accordance with the criteria set forth in Part 617.7 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law and based upon review of the Environmental Assessment Form, all of the documents submitted to the ZBA and all other materials which were prepared and submitted, the ZBA determines the application meets the requirements for an Unlisted action under SEQRA 617.5 and therefore requires no further processing under SEQRA; and BE IT FURTHER RESOLVED, after due consideration the ZBA makes the following determination: 1. Granting the variance will result in a negative impact and undesirable change or a detriment to the neighborhood because the Village is already saturated with street parking. 2. The benefit sought by the applicant cannot be achieved by an alternative method as the applicant did not submit other options to provide off-street parking. 3. Granting of the variance is a significant variance as twelve on-site parking spaces would be required and there are four on-site parking spaces provided. 4. Granting the variance will have an adverse impact on the physical conditions in the neighborhood due to the lack of current available street parking. 5. Granting of the variance is a self-created hardship as the addition of a sixth apartment was denied by the ZBA in 1967 due to on-site parking conditions and the owner purchased the property knowing the illegal apartment was removed as a condition of the sale. BE IT FURTHER RESOLVED, the Application to the ZBA is hereby denied approval for a variance. It will remain in effect until amended, repealed or otherwise changed, in whole or in part, by the Village of Sleepy Hollow. The Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of the resolution; and BE IT FURTER RESOLVED, the ZBA shall refuse to hold further hearings on that or a substantially similar application or appeal for a period of six months. If the ZBA determines from the information supplied with a request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare, the appeal or application may be reconsidered within said period. �ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOW Date Timothy K. 7 UrfaJtglKA^ theunderaigned iWeby c ^ f y ^ t the fbregolng te ' i ^ w o a w o r an ortracl duly adopted by the B o ^ ^ T m s t t S S t h e VHtage of ? « p y ^ • l O j a ^ and of the vwtwte t>«reof, and I W m eartify that the same mintHBOf the meeting of said Board of Trustees hdd on sstd dsCB Il« W I T N ^ WHffiEOF, I havehereuniD seuny h a ^ ^ u. L EyOwk 0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2019 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2019-01-16_RES-166-Cortland-St Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text