https://sleepyhollow.localarchives.org/files/original/ad2db9358487f778ef4a3aeded328696.pdf ed436fb63e7b531bb89d36c06541efa6 PDF Text Text RESOLUTION Adopted at the September 18,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Covered Front Porch Addition LOCATION: 229 Webber Avenue TAX MAP DESIGNATION: Section 115.8, Block 1, Lot 3 ZONING DISTRICT: R-3 WHEREAS, on July 31, 2019, an application was submitted by Sean and Susan Treacy (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals to construct a covered front porch addition (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, Applicability of regulations, adding to and altering an existing non-conforming building, where the required minimum front yard set-back is 20.0 feet and the existing front yard set-back is .63 feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-35. of the Zoning Code, Schedule of regulations, to permit construction of a covered front porch addition where the required minimum front yard set-back is 20.0 feet, the existing front yard set-back is .63 feet and the proposed front yard set-back is 1.40 feet; and 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 31, 2019 2. Zoning Compliance Form, signed by the Applicant, dated August 1,2019 3. Short Environmental Assessment Form Part-1 Project information, signed by the Applicant, dated July 30,2019 4. Property survey prepared by TC Merrits Land Surveyors, dated January 16,2019 5. Photographs of the existing conditions, dated August 9, 2019 6. Deed, dated May 20,1998 7. Construction drawings SY-101, EC-101, D-101, A-101, A-202, A-301 prepared, stamped and signed by Edmond A. Gemmola, RA, dated July 16, 2019 and July 23, 2019 WHEREAS, the ZBA held a duly noticed public hearing on September 18, 2019 to hear and consider the application; and WHEREAS, the Applicant described the Application and the need for the variances; and Page 1 of 3 �WHEREAS, Edmond Gemmola, RA described the architectural design and construction details of the project; and WHEREAS, there were no objections from the public; 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 area variances will not produce an undesirable change or a detriment to the nearby properties and are keeping in the character of the neighborhood providing a benefit to the applicant. 2. The proposed variances are not substantial as the proposed changes are existing nonconformities and the proposed construction will slightly increase the front yard set-back. 3. The benefit sought by the applicant is reasonable and there are no other feasible methods for the applicant to pursue other than the variances requested due to the existing non-conformity of the property. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. 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 K. Jud Date undersigned Clerk/Deputy clerk, do hereby certify that the foregoing is a true copy of an extract duty adopted by the BoarGLof 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 and thteM_day of O c M ^ ^ . 20. ^ Page 3 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_2019-09-18_RES-29-Webber-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