https://sleepyhollow.localarchives.org/files/original/515d8c0ee6a81fdda48f27f3d99261f0.pdf 8038df12c8d87222042f1644f3483383 PDF Text Text RESOLUTION Adopted at the January 15,2020 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Proposed second floor addition LOCATION: 181 Webber TAX MAP DESIGNATION: Section 115.8, Block 1, Lot 12 ZONING DISTRICT: R-3 WHEREAS, on December 16, 2019, an application was submitted by David & Geraldine Dooley (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals to construct a second floor 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 side yard Set-back is 5.0 feet and the existing side yard set-back is .04 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 minimum required front yard set-back is 20.0 feet and the existing front yard set-back is -0.02 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-35. of the Zoning Code, Schedule of regulations, where the required minimum front yard set-back is 20.0 feet, the existing front yard set-back is -0.2 feet; and the proposed front yard set-back is 4.1 ft.; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-35. of the Zoning Code, Schedule of regulations, where the required minimum side yard set-back is 5.0 feet, the existing side yard set-back is 0.4 feet; and the proposed side yard set-back is 0.4 ft.; 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 Architect, dated December 13, 2019 2. Proxy statement signed by the Applicant, dated December 10, 2019 3. Determination letter signed by Sean E. McCarthy, Building Inspector, dated December 13, 2019 4. Zoning Compliance Form, prepared by the Architect, submitted December 16, 2019 5. Short Environmental Assessment Form Part-1 Project information, signed by the Architect, dated December 9, 2019 Page 1 of 3 �6. 7. 8. 9. Property deed recorded October 2, 2019 Survey of the property prepared by Michael W. Minto, L.S.P.C, dated August 14, 2019 Photographs of existing conditions Construction drawings to include a Site Plan, GIS Map, A100, A101, A202 prepared by Vladimir Levin RA dated December 15,2019 WHEREAS, the ZBA held a duly noticed public hearing on January 15, 20 to hear and consider the application; and WHEREAS, Vladimir Levin, RA (the "Architect") presented the Application on behalf of the Applicant and stated that the purpose of the proposed second story addition is to construct additional bedrooms and the new gable roof will provide additional attic space for the housing of mechanical equipment with minimal standing room height. 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. The alleged difficulty is not a self-created hardship due to the existing non-conformities of the property and building. 2. 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 neighboring as most of the neighboring properties are non-conforming to the Zoning Code and close to the street. 3. Granting of the area variances is the most reasonable way for the Applicant to achieve the benefits sought and the feasible way to expand the number of bedrooms. Page 1 of 3 �4. The proposed area variances are not substantial due to the pre-existing non-conformities of the building. 5. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood as the stormwater discharge will be handled on site. BE IT FURTHER RESOLVED, that the area variances requested by the applicant are granted approval 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 Department of Architecture, Land Use Development, Buildings and Building Compliance 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 /4/Eg Date P f i y ^ A f t V ^ , ^ g / ^ f c ^ the undersigned ChrtfPtfttiiy Clerk, do hereby certify that the foregoing is a true copy of an extract duly adopted by the Board of Trustees/Planning/Zoning of the Village of Sleepy Hollow. nnth« / 5 «lay af 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/Plannin^£>)hpM on said date. 'IN WITNESS WHEREOF, I nave Hereunto set my hand and offidal seatthisllUday • (der^Deputy Clerk Page 1 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-2020 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_2020-01-15_RES-181-Webber-Avenue Subject The topic of the resource Zoning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 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