https://sleepyhollow.localarchives.org/files/original/64d0cc0a6d587c91e2c14c0e220175db.pdf aeb47ffd8aac574212fb4f1c750f9aca PDF Text Text RESOLUTION Adopted at the May 19,2021 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: One story rear addition and covered deck LOCATION: 23 Amos Street TAX MAP DESIGNATION: Section 115.8, Block 2, Lot 12 ZONING DISTRICT: R-3 WHEREAS, on April 5, 2021 an application was submitted by Savvas and Marinna Kyriakidis (the "Applicants") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting area variances to construct a one story rear addition and covered deck (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 450-34.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 22.00 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 front yard set-back is 20.00 feet and the existing front yard set-back is 15.00 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, the existing rear yard set-back is 22.00 feet, and the proposed rear yard set-back is 20.50 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 Part 1 -4 signed by Savvas Kyriakidis, dated April 1, 2021 2. Zoning Compliance Form signed by William Simeoforides, architect, dated March 25, 2021 3. Short Environmental Assessment Form Part-1 Project information, signed by Savvas Kyriakidis, dated March 25, 2021 4. Survey of Property prepared by Steven J. Willard, dated December 9, 2020 5. Photograph of existing conditions 6. Property deed dated March 24, 2005 7. Construction drawings prepared by William Simeofordies, architect dated March 21, 2021: a. SK-3A - Site Plan, First Floor Plan, Views of House, Zoning Chart Page 1 of 3 �b. SK-3B - Front (North) Elevation, Side (West) Elevation c. SK-3C - Rear (South) Elevation, Side (East) Elevation WHEREAS, the ZBA held duly noticed public hearing on May 19, 2021 via Zoom Webinar to hear and consider the application; and WHEREAS, testimony was received from William Simeoforides, architect on behalf of the applicant stating that the application proposes to construct a 25 Yi foot wide by 8 foot deep addition to expand the existing kitchen and dining area and a covered deck to the west of the proposed addition. The proposed rear addition is approximately 10 square feet and there are no proposed changes the front entry porch at the front yard set-back; and WHEREAS, testimony was received from Sean McCarthy, the Building Inspector, stating that no public comments have been received; 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: 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 addition is located at the rear of a sloped lot. 2. The requested variances are not substantial in relation to the existing non-conformities of the lot and the location of the proposed addition. 3. Granting of the area variances is the feasible and minimal method to achieve the benefits sought by the applicant on a property that is irregular in shape. Page 2 of 3 �4. The requested variances are a self-created hardship but there has been no opposition from the neighboring properties and it is not the only factor the Board considers when approving an application. 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. Date true copy of an extract duly adopted by the(fk»id of Trustees/Btenning^i^bf the Village of Sleepy Hotow, ±_**t<* M C L M ,202j_andof the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Boaid of Trustees/Planning/Zoning held on said date. IM WITNESS 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-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_2021-05-19_RES_23-Amos-Street-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