https://sleepyhollow.localarchives.org/files/original/063a0dc70102774684bb925458c4b0fa.pdf 5ef6985a16a07a6a26ab4c1015881ad1 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: Second floor addition, legalization of a detached shed and an open deck LOCATION: 5 Pleasant Street TAX MAP DESIGNATION: Section 115.11, Block 2, Lot 10 ZONING DISTRICT: R-5 WHEREAS, on or about February 15, 2019, an application was submitted by Lauren Connell (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, legalize a detached shed, and legalize 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 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 3,000 square feet and the minimum lot size required is 4,000 square feet, where the existing lot width is 30.0 feet and the required minimum lot width is 40.0 feet, where the existing front yard set-back is 5.0 feet and the required minimum front yard set-back is 20.0 feet, where the existing one side yard set-back is 1.9 feet and the required minimum one side yard set-back is 5.0 feet, and where the existing combined side yard set-backs are 11.2 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 450-35. of the Zoning Code where the proposed one side yard set-back is 1.9 feet and the required minimum one side yard set-back is 5.0 feet and where the proposed combined side yards set-back is 5.9 feet and the required minimum combined yards set-back is 15.0 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-40.E. of the Zoning Code for location of accessory uses in residence districts where the proposed rear yard set-back is 0.5 feet and the required minimum rear yard set-back is 3.0 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 an extension of the second story at the rear of the house that will enclose the existing deck area to create a small office and second bedroom. A flat roof is proposed to mirror the neighboring properties and to minimize the impact on the original house structure; and Page 1 of 3 �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. Zoning Board of Appeals application submitted by the Applicant, dated January 15,2019 Zoning Compliance Form Construction drawings from Collingham Architecture dated February 15,2019 Property deed dated February 22,2018 Survey from Gabriel E. Senor, P.C. Engineer & Surveyor dated December 18, 2018 Photographs of the existing building exterior 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 an 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 and undesirable change in the character of the neighborhood or a detriment to the nearby properties as the addition will not change the existing footprint of the house and the flat roof will mirror similar additions in the neighborhood. 2. The benefit sought by the applicant is most feasible method to pursue the expansion of the second floor of the house while keeping the footprint the same. 3. The variances are not substantial as the side yard set-backs are existing non-conforming. 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 property and the house was purchased as existing non-conforming. 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; Page 2 of 3 �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 Timothy 'CCi . the undersigned hereby certify that the foregoing is «tnie copy of en extract duly adopted by the Board,of certify that the minutes of the meeting of said Board of Trustees held on said date. IN WITNESS WHEREOF, I have hereunto set my hand apd official sea) tNaSSvdav of Vy.cu-* 20 M . 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-5-Pleasant-Street-Markowtiz-Connell-Residence 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