https://sleepyhollow.localarchives.org/files/original/b6d02bdbeca261b80dfb0b45186aab59.pdf effdfbc402ff4c1a741c28c5897feb70 PDF Text Text RESOLUTION Adopted at the April 21, 2021 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Two-story addition, covered porch, second floor garage addition LOCATION: 199 Webber Avenue TAX MAP DESIGNATION: Section 115.8, Block 1, Lot 8 ZONING DISTRICT: R-3 WHEREAS, on March 11,2021 an application was submitted by David Starkey (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting area variances to construct a two story addition, covered porch, and a second floor garage addition (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 or lot, where the required minimum front yard set-back for a principle structure is 20.00 feet and the existing front yard set-back is 16.80 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 or lot, where the ( required minimum side yard set-back for an accessory structure is 3.00 feet and'the existing accessory structure side yard set-back is 2.60 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-3$: Of the Zoning Code, Schedule of Regulations, where the required minimum front yard set-back is 20.00 feet, and the proposed front yard set-back is 16.80 feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-E (2) (c). of the Zoning Code, Coverage and open space, location of accessory uses in residential districts, where the required minimum side yard set-back is 3.00 feet, and the proposed side yard set-back is 2.60 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 January 15, 2021 2. Zoning Board of Appeals Application Part 1 -4 signed by David Starkey, dated March 10, 2021 3. Zoning Compliance Form signed by Luis Saiz, Jr., R.A., dated January 4, 2021 Page 1 of 3 �4. Short Environmental Assessment Form Part-1 Project information, signed by David Starkey, dated March 10,2021 5. Survey prepared by Ward Carpenter Engineers, Inc., completed on November 24, 2020 6. Photograph of existing conditions 7. Construction drawings prepared by Luis Saiz, Jr., architect dated May 26, 2020: a. ZBA1- Existing & Proposed Plans & Garage Addition b. ZBA2- Existing & Proposed Plans & Exterior Elevations c. ZBA3- Proposed Exterior Elevations d. A200- Exterior Elevations e. A201- Exterior Elevations WHEREAS, the ZBA held duly noticed public hearing on April 21, 2021 via Zoom Webinar to hear and consider the application; and WHEREAS, testimony was received from Luis Saiz, Jr., architect on behalf of the applicant stating that the main house and the garage are existing non-conforming structures. The proposed covered porch extension will provide shelter from the weather. The proposed garage art studio space will not be a conditioned space, will not contain a bathroom, and will not be used as a rentable space. The proposed additions will not be a detriment to the neighborhood and will increase street appeal; and WHEREAS, testimony was received from David Starkey, stating that they do not have a finished basement and is the main reason for the proposed art studio above the garage. They intend to match the materials of the existing house for the covered porch and additions; 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 2 of 3 �1. Granting of the area variances will not create an undesirable change or be a detriment to the character of the neighborhood and the proposed additions will enhance the character of the neighborhood and there is no opposition from the public. 2. The requested variances are not substantial as the increase in square footage is for the extension of an existing porch. The set-backs are existing non-conforming. The footprint of the existing garage will not change and the side yard set-back increase relates to the proposed roof height and type. 3. Granting of the area variances is the feasible and minimal method to achieve the benefits sought by the applicant. 4. The requested variances are a self-created hardship but are due to the existing non-conforming conditions of the structures. 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 Applicant 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 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 plans. ZONING BOARD OF APPEALS VILLAGE Or^LEEBY^LLO Timoth .the undersigned Cbffc/Deputy Clerk, do hereby certify that the foregoingjs a tali copy of an extract duly adopted by the (Board <rf Village of Sleepy Hollow, r on thftj y^ day d T ^ f A ^ C . 20 and of tie whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board <rfTrostees/Ranning/Znpi'-n hnw - - s=jid r I N WITNESS W H F r jiereui,, jet my hand and official sea! ^ v t o A 202d— � 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-2021 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_2021-04-21_RES_199-Webber-Avenue_ZBA-Signed-Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2021 Date A point or period of time associated with an event in the lifecycle of the resource 2021 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