https://sleepyhollow.localarchives.org/files/original/9ef53e168ea033d25fc83e65eaac5419.pdf b276ef4eed56056dfb7e6b9891a5e80b PDF Text Text RESOLUTION Adopted at the December 16,2020 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variance PROPOSED: Building height increase LOCATION: 199 Beekman Avenue TAX MAP DESIGNATION: Section 115.10, Block 1, Lot 1.1 ZONING DISTRICT: RF WHEREAS, on November 16,2020 an application was submitted by Lighthouse Landing Communities, LLC (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting an area variance to increase the permitted height of buildings in Block O/P of the Edge-onHudson Riverfront Development (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 450-20.B. (5) of the Zoning Code, Riverfront Development District, Height and setback restrictions, where the maximum permitted building height is 42.0 feet and the proposed building height is 48.0 feet.; and WHEREAS, the ZBA has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. Application summary letter prepared by Janet J. Giris of DelBello Donnellan Weigarten Wise and Wiederkehr, LLC dated November 13,2020 2. Table of Contents 3. Statement of Principal Points 4. Exhibit A: Figure No. 1- RF District Building Heights Zones, prepared by Divney Tung Schwalbe LLP dated November 15, 2020 5. Exhibit B: Figure No. 2 - Block O/P Height Variance -Cross Section/Elevation, prepared by Divney Tung Schwalbe LLP dated November 15,2020 6. Exhibit C: Schematic Building Section -Entitled Vs. Proposed and Schematic Building Section at Block O/P and Block I, prepared by KTGY Architecture + Planning 7. Zoning Board of Appeals Application Parts 1 & 2 of 4 signed by Dale Strickland, authorized to sign for Lighthouse Landing Communities, LLC 8. All-purpose certificate of acknowledgement and proxy statement signed by Dale Strickland 9. Zoning Compliance Form signed by Andrew Tung dated November 13,2020 10. Short Environmental Assessment Form-Part 1-Project Information signed by Andrew Tung 11. Subdivision Plat prepared by Control Point Associates, Inc. dated May 7,2015 12. Westchester County Recording & Endorsement page recorded January 11,2016 Page 1 of 3 �13. Bargain & Sale Deed without Covenant Against Grantors' Acts dated December 4, 2015 14. Lot 1 Metes and Bounds Description prepared by First Order LLC 15. Lot 3 Metes and Bounds Description prepared by First Order LLC WHEREAS, the ZBA held a duly noticed public hearing on December 16,2020 via Zoom Webinar to hear and consider the application; and WHEREAS, testimony was received from Janet Giris, partner with DelBello Donnellen Weingarten Wise & Wiederkehr, LLC on behalf of the applicant stating that they are seeking approval to increase the building heights of three townhome units, within the 300-foot wide reduced height zone, from 42.0 feet to 48.0 feet for better marketability of the units; and WHEREAS, testimony was received from Andrew Tung, associate with Divney Tung Schwalbe LLP, on behalf of the applicant stating that variances were issued for Block-I in 2015 and for Block-J and Block-E in 2018 for the requested building height of 48.0 feet. The proposed buildings will be perceived as threestory buildings because they will face the street with the fourth floor stepping back from the facade; and WHEREAS, testimony was received from Sean McCarty, the Village Architect, stating that the building height restriction west of the Metro-North Railroad tracks was created in anticipation of a residential development on the East Parcel, to provide the East Parcel units with a better westerly view, which is no longer proposed. WHEREAS, testimony was received from Jonathan Stein, the Managing Member of Diversified Realty Advisors, LLC stating that the proposed variance is required to fulfill the market conditions and that currently there are no townhomes less than 48.0 feet in height. WHERES, testimony was received from Peter Chavkin, the Managing Partner of Biddle Real Estate, stating that they do anticipate requesting additional variances for the 48-foot increased building height for the balance of the Block O/P development. 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 (StirsSie, ather 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 Page 2 of 3 �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 as the variance for the 48-foot height restriction would be consistent with the surrounding buildings. 2. The requested variance is not substantial and the same variances have been granted in the past for the development. 3. Granting of the area variance is the feasible method to achieve the benefits sought by the applicant to construct four story townhome units with 9-foot ceiling heights. 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. The requested variance is a self-created hardship but the restrictions are no long applicable to the proposed application. 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; 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. and I further certify that the same was entered into the ^minutes of the meetfn&of said Bbwtf ofTrustees held on said date. IN wrmess WHEREOF, I have hereu0to $et my handatf 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_2020-12-16_Approved-ZBA-Resolution-199-Beekman-Ave_-Block-OP 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