https://sleepyhollow.localarchives.org/files/original/18e8e2c809602b7de5a92cf7c9efab70.pdf 467cee273cd569bd700dba368ffbec3f PDF Text Text RESOLUTION Adopted at the October 21,2020 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variance PROPOSED: Patio addition LOCATION: 7 Farrington Avenue TAX MAP DESIGNATION: Section 110.19, Block 1, Lot 74 ZONING DISTRICT: R-2 WHEREAS, on September 14, 2020 an application was submitted by Russell and Hope McAdams (the "Applicants") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting an area variance to construct a patio addition (the "Application") pursuant to the Article XII of the Zoning Code of the Village of Sleepy Hollow; and WHEREAS, the Applicants are seeking a variance from Article VI, Section 450-35 of the Zoning Code, Schedule of regulations, where the minimum rear yard set-back is 25.00 feet, the existing rear yard setback is 26.00 feet and the proposed rear yard set-back is 15.67 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 signed by Russell and Hope McAdam, dated September 11, 2020 2. Zoning Board of Appeals determination letter prepared by Sean McCarthy, Building Inspector, dated September 2,2020 3. Zoning Compliance Form signed by Amanda Linhart, R.A., dated September 14, 2020 4. Short Environmental Assessment Form Part-1 Project information, signed by Amanda Linhart, R.A., dated September 14,2020 5. Property deed recorded February 9,1995 6. Survey prepared by Charles Riley Land Surveyor, dated June 27,1994 7. Photographs of existing conditions 8. Construction drawings prepared by Amanda Linhart, R.A. dated September 11,2020: a. A-001.00 - Title Sheet b. A-002.00-Site Plan WHEREAS, the ZBA held a duly noticed public hearing on October 21, 2020 to hear and consider the application; and Page 1 of 3 �WHEREAS, testimony was received from Hope McAdams who presented the Application and stated that they propose to add a flat bluestone patio in the rear yard. The proposed patio will be not be elevated or covered and will not have railings. 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 create an undesirable change or be a detriment to the character of the neighborhood. 2. Granting of the area variance is a feasible method to achieve the benefit sought by the applicant in lieu of an elevated deck structure. 3. The requested variance is not substantial because the proposed patio with be flat with no elevation change. 4. Granting of the proposed area variance will not have a permanent adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. Although the requested variance is a self-created hardship, it is not the only consideration for granting the area variance and there are no objections from the public. BE IT FURTHER RESOLVED, that the area variance requested by the Applicants 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; Page 2 of 3 �BE IT FURTHER RESOLVED, the Application to the ZBA is hereby granted approval for the variance with the following condition: 1. The area variance will be granted for a ground level patio structure. If the current or future owners wish to change or cover the patio, they would be required to come back to the Zoning Board of Appeals. BE IT FURTHER RESOLVED, the Applicants 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 Applicants has not obtained the required Building Permit for construction in accordance with the approved plan. ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOW » 2 undersigned ^ler^/Deputy Clerk; do hereby certify that the foregoing is a I rtrue u e (copy of an extract duly adopted by the Board of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board 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_2020-10-21_7-Farrington-Avenue-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