https://sleepyhollow.localarchives.org/files/original/461d8438de79d77f7666d92a36f806f6.pdf 4b377579fa0935be6212691595a0379d 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 second-story rear deck LOCATION: 54 Pocantico Street TAX MAP DESIGNATION: Section 115.11, Block 3, Lot 65 ZONING DISTRICT: R-5 WHEREAS, on December 18,2019, an application was submitted by Carlos Rodrigues (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting area variances to construct a second-story rear deck (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 width is 40.0 feet and the existing lot width is 35.0 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 side yard set-back is 5.0 feet and the existing side yard set-back is 1.50 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 combined side yard set-back is 15.0 feet and the existing combined side yard setback is 3.50 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 rear yard set-back is 25.0 feet and the existing rear yard set-back is 31.75 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 rear yard set-back is 25.0 feet, the existing rear yard set-back is 31.75 feet; and the proposed rear yard set-back is 15.0 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 Applicant, dated November 25,2019 Page 1 of 3 �2. Zoning Compliance Form, prepared and signed by the Architect, dated November 25,2019 3. Short Environmental Assessment Form Part-1 Project information, signed by the Applicant dated November 25,2019 4. Property deed recorded October 5,1979 5. Survey of the property prepared by Riley Land Surveyors, LLP, dated March 11,2003 6. Photographs of existing conditions 7. Construction drawings to include pages, A-0, A-l, A-2 prepared by Willliam Simeoforides, Architect dated October 21,2019 WHEREAS, the 2BA held a duly noticed public hearing on February 19,2020 to hear and consider the application; and WHEREAS, William Simeoforides (the "Architect") presented the Application on behalf of the Applicant and stated that they propose to legalize the construction of the existing second-story rear deck by demolishing the existing structure and filing for a building permit to construct a new deck within the same footprint. The rear yard set-back variance calculation of 31.75 feet includes the existing deck that was constructed without a Building Permit and that the other variances are due to the existing nonconforming conditions of the property. Although it is a self-created hardship, there is no other feasible way to have a functioning deck on the building off the existing doorway. WHEREAS, Sean McCarthy, the Village Architect, stated that there is a jog on the property, resulting from its' intersection with a property on Howard Street, that causes the non-conforming rear yard setback and that the property at 54 Pocantico Street is unlike the other properties on the street that are more rectangular in shape. WHEREAS, in making its determination as to whether the applicant should be granted the area variances, the 2BA 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: Page 2 of 3 �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 the variances are related to existing non-conformities of the lot and the structure. 2. Granting of the area variances Is the only feasible way for the Applicant to achieve the benefits of having a functioning deck on the building. 3. The proposed area variances are not substantial due to the pre-existing non-conformities of the property and the building because the proposed new deck construction will be an improvement of the existing structure. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions In the neighborhood. 5. The proposed deck was existing when the property was purchased and the requested variances will allow the applicant to rebuild the deck structure, to the same dimensions, by obtaining the required Building Permits and approvals. BE IT FURTHER RESOLVED, that the area variances requested by the applicant are granted approval subject to the iand 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 Date .the undersigned Clerk/Deputy Clerk, do hereby certify that the foregoing is a true copy of an extract duly adopted by the Board of Tnistees/Planninc^^^bf the Village of Sleepy Hollow, on the 1 9 dav^ ^ h u ^ a K ^ r . 20Z@ 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/Planning/Zoning held on said date. IN WITNESS WHEREOF, I have hereunto set my hand and official-seal this. Z d ? dav 0 i j m ^ ^ z , 20<2ZL ^lerk/Deputy Clerk page 3 of a � 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-54-Pocantico-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