https://sleepyhollow.localarchives.org/files/original/a271168068b3a5fceb1570c68d5da5f1.pdf 47e1f4857f29215c30c7c857270ac255 PDF Text Text RESOLUTION Adopted at the October 16, 2019 Meeting of the Village of Sleepy Hollow Zohing Board of Appeals RESOLUTION: Area Variance PROPOSED: Proposed exterior stair construction LOCATION: 227 Kelbourne Avenue TAX MAP DESIGNATION: Section 110.19, Block 2, Lot 78.2 ZONING DISTRICT: R-2 WHEREAS, on September 12, 2019, an application was submitted by Jason Jercinovic (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for an area variance approval to construct an exterior stair (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 450-35 of the Zoning Code, Schedule of regulations, to permit the construction of an exterior stair, where the required minimum side yard set-back is 10.00 feet, the existing side yard set-back is 12.00 feet and the proposed side yard set-back is 7.75 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 September 10, 2019 2. Zoning Compliance Form, signed by Amanda Linhart, RA, dated September 11,2019 3. Short Environmental Assessment Form Part-1 Project information, signed by Amanda Linhart, RA, dated September 9, 2019 4. Property deed recorded March 7, 2008 5. Photographs of existing conditions 6. Property survey 7. Construction drawings numbers A-001.00, A-002.00, A-101.00 prepared by Amanda Linhart, RA, dated September 25,2019 WHEREAS, the ZBA held a duly noticed public hearing on October 16, 2019 to hear and consider the application; and WHEREAS, Amanda Linhart, RA presented the Application on behalf of the Owner and stated that the variance requested is required to construct an exterior stair for access to the existing basement to allow for adequate clearance to bring large items into the basement that will not fit through the existing Page 1 of 3 �interior stair; the stair will be well screened from the neighboring property; only the protection fence will be visible from the road because the stair will be at or below grade; and WHEREAS, in making its determination as to whether the applicant should be granted the area variance, 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 selfcreated, 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 revtew 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties. 2. The requested area variance is the feasible method to pursue the benefit sought by the applicant as there is an existing opening in the foundation walls at the existing window well location. 3. The proposed area variance is not substantial due to the pre-existing non-conformities of the side yard set-back and the visibility of the propoied structure from the road. 4. The proposed area variance 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, the Application to the ZBA is hereby granted approval for the area variance with the following condition set forth by the Sleepy Hollow Department of Architecture, Land Use Development, Building and Building Compliance (the "Building Department"): 1. Applicant is required to install a fall protection fence as specified in the plans submitted to the ZBA and the Building Department. Page 2 of 3 �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 Date Trustees of the Village of Sleepy Hollow, on the J J L — W nf (' K yvyi />-• c , 20 v ( and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Trustees held on 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-227-Kelbourne-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