https://sleepyhollow.localarchives.org/files/original/0a4078fcff07420c18890a791dcdccf5.pdf 0817a87705679769616743ee522879ce PDF Text Text RESOLUTION Adopted at the October 16,2019 Meeting of the Village of Sleepy Hollow Zooing Board of Appeals RESQLUTION: Area Variances PROPOSED: Proposed addition and alterations LOCATION: 180 Bedford Road TAX MAP DESIGNATION: Section 111.17, Block 1, Lot 2.1 ZONING DISTRICT: R-l WHEREAS, on August 15,2019, an application was submitted by KTM Architect as the (the "Applicant") on behalf of Hudson Pines LLC (the "Owner") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals to construct additions, alterations, and conversion of the existing carriage house to a recreation building (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, to permit additions and alterations where the required minimum front yard set-back is 75.00 feet and the existing front yard set-back is 34.40 feet and the maximum permitted height it 15.00 feet and the existing height is 23.23 feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-40.E. (2) (a) of the Zoning Code, Coverage and open space, location of accessory uses in residential districts, to permit additions and alterations where the required minimum required front yard set-back is 75.00 feet, the existing front yard set-back is 33.40 feet, and the proposed front yard set-back is 33.40 feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-40.E. (2) (c) of the Zoning Code, Coverage and open space, location of accessory uses in residential districts, to permit additions and alterations where the required maximum permitted height is 15.00 feet, the existing height is 23.23 feet, and the proposed height is 32.18 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 15, 2019 2. Zoning Compliance Form, signed by the Applicant, dated August 15, 2019 3. Short Environmental Assessment Form Part-1 Project information, signed by the Applicant, dated August 15, 2019 Page 1 of 3 �4. Property deed recorded March 9, 2018 5. Construction drawings SP-1, SP-2, EC-1, A-l, A-2, A-3, A-4, A-5, A-6, A-7, A-8, A-9, and existing site photos, A-10 prepared by Kimberly Martelli, RA; dated August 15, 2019 6. Drawing number A-7 South Facade Rendered View from Bedford Road, prepared by KTM Architect, dated September 30, 2019 WHEREAS, the ZBA held a duly noticed public hearing on September 18, 2019 to hear and consider the application; and WHEREAS, the ZBA continued the public hearing on October 16, 2019; and WHEREAS, Kimberly Martelli, Principle of KTM Architect presented the Application on behalf of the Owner and stated that the variances requested are required due to existing non-conformities related to the front yard set-back and the permitted height of an accessory structure; although the building exceeds the maximum permitted height limits of an accessory structure, the building is well screened from view on Bedford Road; the proposed additions will not increase the existing non-conformity of the front yard set-back; the property will be maintained as a single family residence; any change from residential use would require the Applicant to submit a use variance application to the ZBA; 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 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 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 in the character of the neighborhood or a detriment to the nearby properties as it fits with the other properties on Bedford Road and the Rockefeller estate. 2. The benefit sought by the applicant for the requested area variances is reasonable and is the feasible method to pursue the construction of a recreation building. Page 2 of 3 �3. The proposed area variances are not substantial due to the pre-existing non-conformities of the roof lines, the front yard set-back, and the existing landscape screening of the accessory structure. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood as the proposed application will not require changes to the stormwater management of inhibit wildlife. 5. The alleged difficulty is not a self-created hardship. BE IT FURTHER RESOLVED, that the area variances requested by the applicant are granted for an accessory structure to a principle residence in keeping with the current single-family residential use; and BE IT FURTHER RESOLVED, the Application to the ZBA is hereby granted approval for the area variances with the following condition set forth by the Sleepy Hollow Department of Architecture, Land Use Development, Building and Building Compliance (the "Building Department"): 1. Landscape screening will be maintained around the perimeter of the accessory structure as viewed from Bedford Road. BE IT FURTHER RESOLVED, that the area 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 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_2019-10-16_RES-180-Bedford-Road 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