https://sleepyhollow.localarchives.org/files/original/ae8b72595029f20d5f992ff15bd3d24e.pdf 911544e63fe8a53a0b92d353de56df00 PDF Text Text RESOLUTION Adopted at the December 16,2020 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: One story addition and screened-in porch LOCATION: 3 Terrace Close TAX MAP DESIGNATION: Section 110.11, Block 1, Lot 13 ZONING DISTRICT: R-2A WHEREAS, on October 14 2020 an application was submitted by Dickerson and Jennifer Miles (the "Applicants") to the Zoning 'oard of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting area variances to construct a om ory addition and screened-in-porch (the "Application") pursuant to the Article XII of the Zoning Cod< the Village of Sleepy Hollow; and WHEREAS, the Applicants are s ;eking 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 or lot, where the required minimum rear yard set-back is 25.00 feet and the existing rear yard set-back is 24.00 feet.; and WHEREAS, the Applicants are 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 or lot, where the required minimum accessory structure set-back is 3.00 feet and the existing accessory structure set-back is 2.60 feet; and WHEREAS, the Applicants are 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 25.00 feet, and the proposed rear yard set-back is 10.00 feet; and WHEREAS, the Applicants are seeking a variance from Article VII, Section 450-E (2) (b). of the Zoning Code, Supplementary Regulations, Location of accessory uses in residence districts, where the required minimum distance between accessory structure and principle building is 10.00 feet, the existing distance between the accessory structure and principle building is 16.00 feet, and the proposed distance between accessory structure and principle building is 4.00 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 determination letter prepared by Sean McCarthy, Building Inspector, : dated October 13, 2020 ' Page 1 of 4 �2. Zoning Board of Appeals Application Part 1 and Part 2 of 4 signed by Niall Cain, R.A. dated October 13,2020 3. Zoning Board of Appeals Application Part 3 or 4, proxy statement signed by Jennifer Miles dated October 14,2020 4. Zoning Compliance Form signed by Niall Cain, R.A., dated October 13,2020 5. Short Environmental Assessment Form Part-1 Project information, signed by Niall Cain, R.A., dated October 13,2020 6. Property deed dated July 24, 2001 7. Survey prepared by Aristotle Bournazs, P.C. completed on April 25,2001 8. Photographs of existing conditions dated October 14,2020 9. Construction drawings prepared by Niall Cain, architect dated September 23,2020: a. S100- Site Plan Zoning Calculations b. E100- Existing Plans c. A100- First Floor Plan d. A200- Exterior Elevations e. A201- Exterior Elevations 10. Letter received from Arthur R. Brady of 41 Hemlock Drive, dated November 5,2020 11. Letter received from Joan L. Levy and Richard D. Weiss of 2 Terrace Close, dated November 15, 2020 12. Letter prepared by Marie & Robert Guamieri of 1 Terrace Close, dated November 15,2020 13. Letter prepared by Glen Taylor of Phelps Hospital Northwell Health, dated November 17, 2020 14. Letter prepared by Niall Cain of NcC Studio, dated November 17,2020 15. Letter prepared by Katrina and Edmund Lempenski, dated November 17,2020 16. Construction drawings prepared by Niall Cain, architect,revised dated November 24,2020 17. Factor analysis letter prepared by Niall Cain, architect revised December 7,2020 18. Submission letter prepared by Niall Cain, architect revised December 7,2020 WHEREAS, the ZBA held duly noticed public hearing on November 18,2020 and was continued on December 16,2020 via Zoom Webinar to hear and consider the application; and WHEREAS, on November 24,2020 and December 7,2020 revised drawings and letters were submitted to the ZBA requesting a reduced proposed rear yard set-back of 10.00 feet in lieu of the originally proposed 9 feet; and WHEREAS, testimony was received from Niall Cain, architect on behalf of the applicants stating that the proposed single story additions include a larger kitchen, a family room, and a screened-in-porch. The proposed additions will not be visible from the street or the adjacent neighboring properties and therefore will not adversely affect the character of the neighborhood or be a detriment to the nearby properties. Although the variance is substantial the proposed building coverage is well under the maximum 20 percent of the permitted square feet according to the Zoning Regulations. There will be no environmental impact related to the proposed additions. The unusual configuration of the existing lot creates a difficulty to comply with the regulations and therefore the proposed application should not be considered a self-created hardship. The proposed additions are the most feasible way to create the Page 2 of 4 �benefit sought by the owner. There are no objections property owners in the neighborhood or Phelps Memorial Hospital; and WHEREAS, testimony was received from Dickerson Miles, stating that the proposed design of the rear addition will shift the current views of the hospital property by installing smaller high windows towards the north; and WHEREAS, testimony was received from Marie Guarnieri, the owner of 1 Terrace Close, stating that she supports the application because the proposed additions will be barely visible from the far rear yard of her property; and WHEREAS, testimony was received from Katrina Lempenski, the owner of 4 Terrace Close, stating that she supports the application because she is unable to see the applicants house from her property; and WHEREAS, testimony was received from Jennifer Miles stating that they are requesting an exception to be made outside of the normal Zoning Regulations because their lot size is irregular and the backyard is not useful to them; and WHEREAS, testimony was received from Tang Di Garvey, the owner of 20 Hemlock Drive, stating that she supports the application because the applicants' side yard serves and their backyard and the proposed additions will not be seen from the front of the house; and WHEREAS, testimony was received from Mark Kaminsky, the owner of 32 Lakeview Drive, stating that he supports the application since the proposed additions will enhance the home and will not be visible to the neighbors; and 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: Page 3 of 4 �1. Granting of the area variances will not create an undesirable change or be a detriment to the character of the neighborhood as the proposed additions will not be visible to the general public and the neighboring property owners have voiced their support. 2. The requested variances are not substantial in relation to the permitted building square footage for the lot. 3. Granting of the area variances is the feasible and minimal method to achieve the benefits sought by the applicants as the additions in another location would have a greater impact on the neighboring properties. 4. The requested variances are a self-created hardship but due to the unusual configuration of the existing lot, the application proposed is the best solution. 5. Granting of the proposed area variances will not have a permanent adverse effect or impact on the physical or environmental conditions in the neighborhood. BE IT FURTHER RESOLVED, that the area variances 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; 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 plans. ZONING BOARD OF APPEALS Date 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_2020-12-16_Approved-ZBA-Resolution_3-Terrace-Close 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