https://sleepyhollow.localarchives.org/files/original/b1c2cb25155621c77d64f1b58d0544cd.pdf 2e25e8f134eed93b44ba844a84253ead PDF Text Text RESOLUTION Adopted at the July 17,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Alterations LOCATION: 2 Highland Avenue Extension TAX MAP DESIGNATION: Section 110.19, Block 3, Lot 82 ZONING DISTRICT: R-2 WHEREAS, on or about February 12,2019, an application was submitted by David Pysh (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals for roof alterations (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 V, Section 450-34.B of the Zoning Code, applicability of regulations, adding to and altering an existing non-conforming building, where the required minimum front yard set-back is 30.0 feet and the existing front set-back is 17.3 feet; and WHEREAS, the Applicant is seeking variances from Article VII, Section 450-35. of the Zoning Code, schedule of regulations, to permit roof line alterations to the garage and main house where the required minimum front yard set-back is 30.0 feet, the existing front set-back is 17.3 feet and the proposed front yard set-back is 16.8 feet; and WHEREAS, the Applicant is seeking variances from Article VI, 450-40.B. (5) of Zoning Code, coverage and open space, to permit roof line alterations to the garage and main house where the maximum allowable eave projection is 1.5 feet, the existing eave projection is 0.0 feet, and the proposed eave projection is 1.6 feet. 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 July 7, 2019 2. Zoning Compliance Form, signed by the Applicant, dated June 7, 2019 3. Short Environmental Assessment Form Part-1 Project information, signed by the Applicant, dated June 11, 2019 4. Property survey prepared by Aristotle Bournazos, P.C., dated January 29, 2016 5. Photographs of the existing conditions with graphic depictions of the existing and proposed ridge heights 6. Deed, dated August 5, 2005 Page 1 of 3 �7. Construction drawings prepared, stamped and signed by the Applicant, dated June 11,2019 WHEREAS, the ZBA held a duly noticed public hearing on July 17, 2019 to hear and consider the application; and WHEREAS, testimony was offered by Mark Rubeo from Reisman, Rubeo & Altman, LLC to present the Application on behalf of the Applicant; and WHEREAS, testimony was offered by the Jane Tucker, the owner of 269 Millard Avenue, to state that the proposed roof line alterations will not be disruptive to her home and that she supports the propose application; 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 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 because neighboring properties include existing front yard set-back non-conformities. 2. There are no other feasible methods for the applicant to pursue other than the variances due to the existing non-conformity of the property. 3. Granting of the variances is not substantial for the front yard set-back increase of (+/-) of six inches, the eave projection increase of one inch, and the increase to the overall footprint of .42 percent. 4. Granting of the variances will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood due to the energy efficiency of the proposed insulation and siding materials. 5. The alleged difficu Ity is not a self-created hardship due to the existing non-conformities of the property. 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 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 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_2019-07-17_RES-2-Highland-Avenue-Extension 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