https://sleepyhollow.localarchives.org/files/original/0f471f5c916bec57342ead451c177b32.pdf dfc582eeda3740f77fbd06a339b805db 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: Legalization of 8 foot high fencing LOCATION: 26 Kendall Avenue TAX MAP DESIGNATION: Section 115.11, Block 6, Lot 49 ZONING DISTRICT: R-5 WHEREAS, on or about December 14, 2018 an application was submitted by Vincent Feliciano (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for an area variance approval to legalize the construction of an 8 foot high fence (the "Application") pursuant to the Article XII of the Zoning Code of the Village of Sleepy Hollow; and WHEREAS, the Applicant is seeking a variance from Sections 450-40.F, (2) of the Zoning Code to permit the legalization of 8 foot high fencing installed in the rear yard where as per Article VIII, 450-40.F. (2): Fences and walls, no wall or open or solid fence in excess of five feet in height shall be erected along the side yards and rear yards in any residential district; and WHEREAS, on May 2, 2017 an application was submitted for a building permit by the Applicant to replace existing wood fencing with 5 foot high vinyl fencing to be installed around the rear yard; and WHEREAS, on or about May 2,2017 a Building Permit #2017-0140-8 was issued by the Village of Sleepy Hollow Department of Architecture, Land Use Development, Buildings and Building Compliance (the "Building Department") to include a special condition stating the rear yard fence was not to exceed 5 feet high; and WHEREAS, on or about October 12, 2018 a final inspection was conducted by the Building Department and deemed as failed as the fencing installed exceeds the permitted 5 foot maximum height; and WHEREAS, on November 28, 2018 a Notice of Violation Order to remedy was issued for non-compliance with the Village Zoning Code and the permit approval; and WHEREAS, the Zoning Board of Appeals has reviewed the following documents for consideration as well as the oral presentation to the ZBA: 1. Zoning Board of Appeals application, parts 1-4 submitted by the Applicant, dated December 14, 2018. a. Property survey from Scott. T. Chamberlain, LS, PC dated April 15,2011 �b. Photographs of the existing exterior conditions/fencing 2. Tax map copy submitted by Chairman Judge on January 16,2019 3. Additional photographs of fencing submitted by the Applicant on January 16,2019 WHEREAS, the ZBA held a duly noticed public hearing on January 16, 2019 to hear and consider the application; and WHEREAS, testimony was offered by the Applicant to state that he was not aware that he couldn't replace what was taken down and didn't think that lattice was considered fencing material. Mr. Pellclano stated that he extended the fence to the 8 foot height in order to provide privacy from the property behind him due to grade differences; and WHEREAS, testimony was offered by George Crowe, who resides at 28 Kendall Avenue, to state that originally the 5 foot fencing was Installed on their property and had to be moved. Mr. Crowe expressed his concerns to solve all fence related problems now to avoid additional problems in the future; and 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 an undesirable change or a detriment to the neighborhood as It will it create a precedent for future applications submitted in the Village of Sleepy Hollow seeking to Install fences that are not compliant with the Village Zoning Code and where a permit has been previously issued. 2. An alternative method to achieve the benefit sought by the Applicant was not submitted or considered. 3. Granting of the variance is a significant variance as the maximum permitted height is 5 feet where the Applicant Is seeking to increase the height by 3 feet. �Granting the variance will have an adverse impact on the physical conditions in the neighborhood due to the fence being visible to the adjacent properties. 5. Granting of the variance is a self-created hardship as the fencing was not installed as per the approved Building Permit date IVlay 2,2017 and it is non-compliant with the Village of Sleepy Hollow Building Code. BE IN FURTHER RESOLVED, the Application to the ZBA is hereby denied approval for a variance. It will remain in effect unit amended, repealed or otherwise changed, 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 resolutions; 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 the understgned hereby oerttfytttt the ft»rego|ij3 is •^^srjssxssx. said date. IN wnWESS WH01EOF, setmyhaodarrf 720/2-. � 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-26-Kendall-Ave 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