https://sleepyhollow.localarchives.org/files/original/52edff0053814ac3e597894a7428330c.pdf b7f9338eab16731f14df4275d9002d0c PDF Text Text RESOLUTION Adopted at the February 19,2020 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variance PROPOSED: Proposed front entry portico LOCATION: 27 Amos Street TAX MAP DESIGNATION: Section 115.8, Block 2, Lot 42 ZONING DISTRICT: R-3 WHEREAS, on January 15, 2020 an application was submitted by Stephen Zachensky (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting an area variance to construct a front entry portico (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, where the required minimum front yard set-back is 20.0 feet, the existing front yard set-back is 20.33 feet, and the proposed front yard set-back is 15.53 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 January 15, 2020 2. Zoning Compliance Form 3. Short Environmental Assessment Form Part-1 Project information, signed by the Applicant, dated January 14, 2020 4. Property deed recorded July 1,1999 5. As built foundation survey prepared by TC Merritts Land Surveyors, dated November 20, 2019 6. Photographs of existing conditions 7. Construction drawings to include SI, Al, A2, prepared by Anthony F. Federico, RA, dated January 14,2020 WHEREAS, the ZBA held a duly noticed public hearing on February 19, 2020 to hear and consider the application; and WHEREAS, Steven Zachensky (the "Applicant") stated that he is seeking approval of the requested front yard set-back variance in order to construct a front entry portico over the existing concrete stoop to avoid rain puddling and ice formation on the steps. Page 1 of 3 �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 variance will not produce an undesirable change tn the character of the neighborhood or a detriment to the nearby properties and will not distract from the architecture of the house. 2. The proposed area variance impacts the front yard set-back by 4.47 feet and therefore it is not substantial. 3. The proposed variance is the feasible method to achieve the benefit sought by the applicant to provide a protected covering over the front door. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The proposed application is not a self-created hardship as the existing home was purchased without a front entry portico. 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. Page 2 of 3 �ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOW Date ^—, the undersigned Clerk/Deputy Clerk, do hereby certify that theforegoingis a true copy of an extract duly adopted by the Board of Trustee^Rannin^n^bf the Village of Sleepy Hotow, on the JjL_day of "ASLLKAAQ^. 20 T O and of the whole thereof, and I further certH^ that the same was entered into the minutes of the meeting of said Board of Trustees/Planning/Zoning held on said date. IN WITNESS WHEREOF, I have hereunto set my hand and official seaMfiis^ day of l l / O s f o k 2PM> Clerk 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-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_2020-02-19_RES-27-Amos-Street 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