https://sleepyhollow.localarchives.org/files/original/da695d2a0f1d56da7f6d3c605ba06bd1.pdf e0a5bacd50fc3902619ea1a3c04d4c0d PDF Text Text RESOLUTION Adopted at the May 20,2020 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variance PROPOSED: Basement alteration LOCATION: 41 Amos Street TAX MAP DESIGNATION: Section 115.8, Block 2, Lot 6.1 ZONING DISTRICT: R-3 WHEREAS, on November 15, 2019 an application was submitted by Jorge B. Hernandez, RA on behalf of Collette Weinstein (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting an area variance to alter the basement of an existing single-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 front yard set-back is 20 feet and the existing front yard set-back is 10 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 Jorge B. Hernandez, RA, dated November 14, 2019 2. Proxy statement signed by Collette Weinstein, dated November 15, 2019 3. Zoning Compliance Form signed by Jorge B. Hernandez, RA dated November 14,2019 4. Short Environmental Assessment Form Part-1 Project information, dated November 14,2019 5. Drawings prepared by Jorge B. Hernandez, RA dated August 2,2019 to include T-l Title Sheet and A-l, Floor & Reflected Ceiling Plans 6. Property survey prepared by Ward Carpenter Engineers, Inc., dated January 5, 2020 7. Property deed dated August 27, 2017 8. Photographs of the existing conditions WHEREAS, due to the public health and safety concerns of the COVID-19 pandemic, the ZBA held a duly noticed public hearing via Zoom videoconferencing on May 20, 2020 to hear and consider the application and: WHEREAS, Jorge B. Hernandez, RA presented the Application and stated that the lot area of 41 Amos Street is 6,500 square feet and is located between the intersection of Amos Street and North Street. The Applicant proposes to renovate the basement structure where a front yard set-back variance of 9.1 feet is required due to existing non-conformities of the building. 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. The proposed area variance is minimal in size and not substantial. 2. The proposed are variance is not a self-created hardship due to the existing non-conformities of the property. 3. Granting of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties. 4. Granting of the area variance is the feasible method to achieve the benefit sought by the applicant. 5. Granting of the area variance will not have a permanent adverse effect of impact on the physical or environmental conditions in the neighborhood. BE IT FURTHER RESOLVED, that the area variance requested by the Applicant is 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 Jhe undersigned Cierk'Deoutv ciefk, do hereby certify thsrf the foregoing is a trii. copy of an exttactduly adopted by the Board of Tr:slGes/Pin|inin^OTing> the Village of Sleepy Hollow, on t h e - W d a v of, • 2 0 ^ - and tho 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. IM WITMPSS WHEREOF. I have hereunto set my hand 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_2020-05-20_41-Amos-Approved-Resolution 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