https://sleepyhollow.localarchives.org/files/original/4918a9c826aff3241645b760af24b8f9.pdf 1c942af1ec4777d6757f7e655f3d9460 PDF Text Text RESOLUTION Adopted at the February 20,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Second and third floor additions, dormer addition, and a three story rear deck LOCATION: 13 Kendall Avenue TAX MAP DESIGNATION: Section 115.11, Block 1, Lot 21 ZONING DISTRICT: R-5 WHEREAS, on or about January 11, 2019, an application was submitted by Jared Rodriquez (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals to construct a second floor addition, a three story rear deck, a third floor addition and a dormer addition (the "Application") pursuant to the Article XII of the Zoning Code of the Village of Sleepy Hollow; and WHEREAS, the Applicant is seeking variances from Article VI, Section 450-34.B. of the Zoning Code to add to or alter an existing non-conforming building where the existing lot size is 3,286 square feet and the minimum lot size required is 4,000 square feet, where the existing lot width is 25.0 feet and the required minimum lot width is 40 feet, where the existing front yard set-back is 11.7 feet and the required minimum front yard set-back is 20.0 feet, where the existing one side yard set-back is .09 feet and the required minimum one side yard set-back is 5.0 feet, and where the existing combined side yard set-backs are 2.7 feet and the required minimum combined side yard set-backs are 15.0 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-41.E of the Zoning Code for required parking spaces where no parking spaces exist and there are two parking spots required; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-40.E.(2) of the Zoning Code for an accessory structure where the distance from the accessory structure to the principle building is 6.4 feet and the required minimum distance from an accessory structure to the principle building is 10.0 feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-36.D. (1) of the Zoning Code for floor area regulations where 2,354 square feet is proposed, where the existing floor area is 1,723 square feet, and the required maximum floor area is 1,623 square feet; and WHERAS, the Applicant is seeking variances from Article VI, Section 450-35 of the Zoning Code where the proposed one side yard set-back is .09 feet and the required minimum one side yard set-back is 5.0 feet, and where the proposed combined side yards set-back is 2.7 feet and the required minimum combined yards set-back is 15.0 feet; and Page 1 of 3 �WHEREAS, on November 6, 2018 an application was submitted for a building permit by the Applicant for interior renovations, and attic dormer and rear deck; and WHEREAS, on December 31,2018 a letter was issued by the Village of Sleepy Hollow Department of Architecture, Land Use Development, Buildings and Building Compliance (the "Building Department") to deny the application due to Chapter 450 of the Code of the Village of Sleepy Hollow; and WHEREAS, the ZBA held a duly noticed public hearing on February 20,2019 to hear and consider the application; and WHEREAS, the Zoning Board of Appeals has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. 2. 3. 4. 5. 6. 7. Zoning Board of Appeals application submitted by the Applicant, dated January 11, 2019 Letter of denial from the Building Department dated December 31,2018 Zoning Compliance Form Environmental Assessment Form Part-1 Project information Final conditions survey from WSP Sells, dated November 12,2013 Photographs of the existing rear facade Photographs of inspiration images WHEREAS, testimony was offered by the Applicant, to state that the proposed project includes a full interior renovation of the second and third floor of an existing two-family house, an extension of the third floor room gable to align with the neighboring houses, provide increased habitable square footage on the third floor, and provide egress access from the third story with the construction of a third floor balcony with stairs to a second story deck off the kitchen; and WHEREAS, in making its determination as to whether the applicant should be granted the area variances, 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 Page 1 of 3 �BE IT FURTHER RESOLVED, after due consideration the ZBA makes the following determination: 1. Granting of the variances will not produce and undesirable change in the character of the neighborhood or a detriment to the nearby properties as it will improve the aesthetic character of the rear of the house by aligning the rear facade with the homes north and south of the property. 2. There are no other feasible methods for the applicant to pursue other than the variances requested due to the existing non-conformities of the property. 3. The variances are not substantial due to the existing non-conforming nature of the property. 4. Granting of the variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The request for the variances is not a self-created hardship as the house was purchased with existing non-conformities. BE IT FURTHER RESOLVED, that the variances requested by the applicant are granted subject to the land and will remain in effect until amended, repealed or otherwise changed, in whole or in part, by the Village of Sleepy Hollow and; BE IT FURTHER RESOLVED, the Application to the ZBA is hereby granted approval for the variances. The Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of the resolution. This approval shall expire (1) year after the date of this resolution if the conditions have not been completed to the satisfaction of the ZBA and the Building Department, and the Applicant has not obtained the required building permit for construction in accordance with the approved plan. ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOW Date ^ J ^ ^ ^ ^ ^ B o - r d o f T r u s t e e s Page 1 of 3 � 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_2019-02-20_RES-13-Kendall-Avenue 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