https://sleepyhollow.localarchives.org/files/original/2a26ba120e0a7d396e6ff2f72f2580f2.pdf 86941c5c8f87b07f80c95db583c5745f 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: Additions and Alterations LOCATION: 37 Hudson Terrace TAX MAP DESIGNATION: Section 115.12, Block 2, Lot 9 ZONING DISTRICT: R-4 WHEREAS, on August 15,2019, an application was submitted by Frank Cerqueira (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals to construct additions and alterations to an existing two-family residence (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 maximum floor area is 2,415 feet and the existing floor area is 3,528 feet; 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 20.00 feet and the existing front yard set-back is 10.26 feet; 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 corner set-back is 10.00 feet and the existing front yard corner set-back is 7.51 feet; 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 maximum building coverage is 30.00 percent and the existing building coverage is 37.30 percent; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-35. of the Zoning Code, Schedule of regulations, to permit additions and alterations where the required minimum front yard setback is 20.00 feet and the proposed front yard set-back is 10.26 feet; and Page 1 of 4 �WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-35. of the Zoning Code, Schedule of regulations, to permit additions and alterations where the required minimum front yard corner set-back is 10.00 feet and the proposed front yard corner set-back is 7.51 feet; and WHERAS, the Applicant is seeking a variance from Article VI, Section 450-40. of the Zoning Code, Coverage and open space, to permit additions and alterations where the required maximum building coverage is 30.00 percent and the proposed building coverage is 32.79 percent; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-36.D. of the Zoning Code, Floor area ratio, to permit additions and alterations where the maximum floor area is 2,415 square feet and the proposed floor area is 3,646 square 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 and signed by the Applicant, dated August 14, 2019 2. Zoning Compliance Form, signed and stamped Rui F. Arraiano RA, dated August 13, 2019 3. Short Environmental Assessment Form Part-1 Project information, signed by Rui F. Arraiano RA, dated August 13, 2019 4. Property survey prepared by TC Merrits Land Surveyors, dated December 21,2017 5. Photographs of the existing conditions 6. Deed, dated November 9,2018 7. Construction drawings SP-100, A-100, A-200, A-201 prepared, stamped, and signed by Rui F. Arraiano RA, dated June 25, 2019 WHEREAS, the ZBA held a duly noticed public hearing on September 18,2019 to hear and consider the application; and WHEREAS, David F. Arango from Rui Arraiano Architect and Associates presented the Application, construction plans, and details; and WHEREAS, testimony was offered by Inessa Blizentsova, owner of 39 Hudson Terrace, stated that she supports the Application and the proposed changes because it will nice to have a two-family house next door, it will not require extra parking spaces and the proposed changed will add value to her house and the surrounding houses; 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 Page 2 of 4 �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 produce a beneficial and desirable change in the character of the neighborhood and the nearby properties as attested by a neighboring property owner. 2. There benefits sought by the applicant are feasible methods to pursue the requested variances and will not change the footprint of the existing property. 3. The proposed variances are not substantial as the existing non-conformities of the proposed changes are the nature of a corner lot. 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 and the proposed changes will be an improvement to the property. 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. Page 3 of 4 �ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOW Timothy K Date i undersigned iWoeputyC^ctohere^ i true oopytf an o t t t c k A ^ adopted l ^ t l w e o ^ t f ,f 2XU5-andcttte^tjpfo nd 1fartherceit&ythit the same was entered into the -linutes of the meattng of said Boa* ofIYusims held on aid date. :N WITNESS W«REOF, I t W ^ S ^ S * l «taynf , SQL Page 4 of 4 � 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-37-Hudson-Terrace 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