https://sleepyhollow.localarchives.org/files/original/938366b2e48ac1ecc2ee702d8d75a80b.pdf 94efec9f2000ad53bd773c73ec90eb61 PDF Text Text RESOLUTION Adopted at the March 20,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variance PROPOSED: Deck addition LOCATION: 3 Birch Close TAX MAP DESIGNATION: Section 110.11, Block 1, Lot 26 ZONING DISTRICT: R-2A WHEREAS, on December 31, 2018 a Building Permit application was submitted by the Applicant for interior renovations and a deck addition; and WHEREAS, on January 2, 2019 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 Building Permit application due to Chapter 450 of the Code of the Village of Sleepy Hollow; and WHEREAS, on or about February 8, 2019, an application was submitted by Jeremy Zifchock (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for an area variance approval to construct an open deck (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 Article VI, Section 450-34.B. of the Zoning Code to add to or alter an existing non-conforming building where the existing front yard set-back is 25.0 feet and the required minimum front yard set-back is 30.0 feet; and WHEREAS, the ZBA held a duly noticed public hearing on March 20, 2019 to hear and consider the application; and WHEREAS, testimony was offered by the Applicant, to state that the proposed project includes the extension of the deck area in the rear and side of the property. A variance is requested because the front of the house is existing non-conforming; 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 February 8, 2019 2. Letter of denial from the Building Department dated January 2, 2019 3. Zoning Compliance Form signed by Jorge B. Hernandez, Architect dated February 4,2019 Page 1 of 3 �4. Environmental Assessment Form signed by Jorge B. Hernandez, Architect dated February 4, 2019 5. Construction drawings prepared and signed by Jorge B. Hernandez, Architect dated February 7, 2019 6. Survey of Property from John J. Muldoon, dated June 14, 2017 7. Property deed recorded July 1, 2016 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 the ZBA, 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 Type II 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 of the variance will not produce and undesirable change in the character of the neighborhood or a detriment to the nearby properties as it will continue the improvements to property. 2. There are no other feasible methods for the applicant to pursue other than the variance requested due to the existing non-conformities in the front yard the property. 3. The variances are not substantial due to the existing non-conforming nature of the property. 4. Granting of the variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The request for the variance is not a self-created hardship as the house was purchased with existing non-conformities. BE IT FURTHER RESOLVED, that the variance requested by the Applicant is 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 Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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 Page 2 of 3 �Applicant has not obtained the required Building Permit for construction in accordance with the approved plan. ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOW efk/Deputy O^dohetebyrartHV taeopyofa^ the undersigned a. * certify that the same was entered Into the minutes of the meeting of said Board of Trustees held on said date. IN WITNESS WHEREOF, I have hereunto set my hand aad official seal thteffihdey of V m C U ^ r 20±±. Page 2 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_2019-03-20_RES-3-Birch-Close-Zifchock 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