https://sleepyhollow.localarchives.org/files/original/981cb1280f284b4c9f38a9bcb207274a.pdf 04ca36fac61e3274c1492f8ae5e86703 PDF Text Text RESOLUTION Adopted at the February 19,2020 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Proposed two-family residence LOCATION: 34 Hudson Street TAX MAP DESIGNATION: Section 115.11, Block 3, Lot 65 ZONING DISTRICT: R-4A WHEREAS, on January 13, 2020, an application was submitted by Brian Hopkins (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting area variances to construct a 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 minimum lot area is 4,000 square feet and the existing lot area is 2,115 square 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 lot width is 40.0 feet and the existing lot width is 25.0 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 and the proposed front yard set-back is 2.50 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 rear yard set-back is 25.0 feet and the proposed rear yard set-back is 19.50 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 3.0 feet and the proposed side yard set-back is 0.36 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 combined side yards set-back is 12.0 feet and the proposed combined side yards set-back is 4.59 ft.; and Page 1 of 4 �WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-40. of the Zoning Code, Coverage and open space, where the required maximum building coverage is 35 percent and the proposed building coverage is 45 percent; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-36.D. of the Zoning Code, Floor area ratio, where the required maximum permitted floor area is 1,920 square feet and the proposed floor area is 2,883 square feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-39.B. of the Zoning Code, Area, where a two-family residence is proposed on a non-conforming lot where only a single-family detached dwelling is permitted; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-41.E. of the Zoning Code, Supplementary Regulations, off-street parking and loading spaces, where two parking spaces are required and there are no parking spaces proposed; 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 Brian Hopkins, RA, dated January 3, 2020 2. Zoning Compliance Form signed by Brian Hopkins, RA, dated January 15,2020 3. Short Environmental Assessment Form Part-1 Project information, signed by Brian Hopkins, dated January 15, 2020 4. Property deed recorded September 21,2019, and January 7,2020 5. Topographical property survey prepared by Vincent M. Teutonico of Big Apple Land Services & Design Inc., dated December 14,2019 6. Photographs of existing conditions 7. Construction drawings prepared by Brian Hopkins RA, as follows: a) T-000, Title Sheet, dated November 17,2019 b) SD-100, Existing Plans, dated August 15,2019 c) SD-200, Demolition Plans, dated November 12,2019 d) Z-100, Zoning Calculations, dated January 8,2020 e) SD-000, Site Plan, dated January 8, 2020 f) A-100, Proposed Plans, dated January 8,2020 g) A-200, Elevations, dated November 11,2019 WHEREAS, the ZBA held a duly noticed public hearing on February 19,2020 to hear and consider the application; and WHEREAS, Brian Hopkins, RA (the "Applicant") presented the Application and stated that they propose to demolish the existing three-family residence down to the foundation, expand the foundation in the rear yard, and construct a new two-family residence. WHEREAS, Sean McCarthy, the Village Architect, stated that the requested variances for the building coverage and the floor area ratio exceed the non-conformities because the footprint is proposed for Page 2 of 4 �expansion and therefore require new variances. The Planning Board will be considering the construction impacts as part of their review. WHEREAS, Clara Teagle, the owner of 38 Hudson Street, raised questions to the ZBA and the Applicant about the proposed application in relation to the existing structure. 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. Impact to the neighborhood will occur during the construction phase of the project, but the end result will be beneficial to the street compared to the existing conditions. 2. Granting of the area variances is a feasible method for the Applicant to achieve the benefits sought as the re-construction of the building on the existing structurally sound foundation saves on project costs and will be a benefit to the property and of its' use. 3. The proposed area variances are not substantial in consideration to the surrounding properties and due to the existing non-conformities of the building and the lot. 4. The proposed application is not a self-created hardship as the property was purchased with the existing non-conforming building and lot conditions. 5. Granting of the area variances will not have a permanent adverse effect of impact on the physical or environmental conditions in the neighborhood. Temporary impacts to the physical conditions of the neighborhood will occur during the demolition and construction phases of the application. Page 3 of 4 �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 wfth the approved plan. ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOW Date .the undersigned Clerk/Deputy Clerk, do hereby certify j that theforegoingis a true copy of an extract duly adopted by the Board of Trustees/Planning^ning>f the Village of Sleepy Hollow, on the i S L - d a v o T f e ^ ^ a ^ ^ 2 0 ^ and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Boaid of Trustees/Planning/Zoning held on said date. IN WITNESS WHEREOF, I have hereunto set my hand and official seaUhis ffi^day of 4 W U C & - , 20 / 1 2 /^Clerk/Deputy Clerk ^ (j 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-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-34-Hudson-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