https://sleepyhollow.localarchives.org/files/original/2f2c7fdede8e9d7f13972be5a03efee6.pdf f73c00a50a58a5b568dcfe785f50ef2c PDF Text Text RESOLUTION Adopted at the March 20,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Legalization of a garage with a roof deck and stone patio LOCATION: 56 Depeyster Street TAX MAP DESIGNATION: Section 115.11, Block 5, Lot 50 ZONING DISTRICT: R-5 WHEREAS, on or about February 11, 2019, an application was submitted by Joao Requejio (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variances approvals to legalize the construction of a garage with a roof and a stone patio (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 VII, Section 450-35. of the Zoning Code schedule of regulations to permit the legalization of a garage with a roof deck constructed in the rear of the building where the existing rear yard set-back is 9.24 feet and the required minimum rear yard setback is 25.00 feet; and WHEREAS, the Applicant is seeking variances from Article VII, Section 450-35. of the Zoning Code schedule of regulations to permit the legalization of a stone patio constructed on the side of the building where the existing one yard set-back is 3.00 feet and the required minimum one yard set-back is 5.00 feet, and where the existing combined side yards set-back is 14.20 feet and the required minimum combined side yards set-back is 15.00 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 William Simeoforides, Architect to state that a variance is required for the rear yard set-back in order to legalize the garage with a roof deck construction that connects the existing garage to the main house, and a variance is required for the side yard set-backs in order to legalize the 245 square foot stone patio; and WHEREAS, testimony was offered by Brigite Requeijo Frasa to state that the patio was constructed at the same time as the garage-deck structure in the early to mid-90's; and Page 1 of 3 �WHEREAS, the ZBA 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 11,2019 2. Zoning Compliance Form, signed by William Simeoforides, AIA, dated January 30, 2019 3. Environmental Assessment Form Part-1 Project information, signed by Marilia R. Fraga, dated February 11, 2019 4. Property survey prepared by Rowan Land Surveying, PLLC, dated July 16,2018 5. Photographs of the existing conditions 6. Site Plan and exterior elevations drawings, prepared and signed by William Simeoforides, Architect, dated January 30, 2019 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 a 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 variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties. 2. There are no other feasible methods for the applicant to pursue other than the variances to legalize the structures that were constructed without building permits. 3. Granting of the variance for the rear yard set-back is not substantial considering the garage is legal without the deck addition. 4. Granting of the variances will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood. 5. The alleged difficulties are self-created hardships but the structures have existed for a long period of time without complaints from neighboring property owners. Page 2 of 3 �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 with the following conditions set forth by the Sleepy Hollow Department of Architecture, Land Use Development, Building and Building Compliance (the "Building Department"): 1. Submit a completed Building Permit Application and construction drawings to the Building Department to legalize the garage-deck structure, the space under the deck, and the stone patio in compliance with the Building Code requirements and fire separation regulations. 2. Submit a completed Building Permit Application and construction drawings to the Building Department to legalize the existing attic space. 3. Submit revised construction drawings to address comments from the Building Department to legalize the basement apartment as per Planning Board approval for a two-family house granted in 2012. 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 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 tne unoersigoeo lerfeJOe^ OgrtOdo hereby certify that the foregoing ft. i taje copy clanaetract duly adopted by the BoardLof rustees-pf the village of Steepy Hottow, on the ^gjtfay .f m q j r < J r \ . 20 H . and of the whote thereof, nd I further certify that the same was entered into the Minutes of the meeting of said Board of Trustees hek) on aid date. IN WITNESS official sea! 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-56-Depeyster-Street-Requeijio 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