https://sleepyhollow.localarchives.org/files/original/8fe0143740a308efd1b03f88bfba9991.pdf 4640329adb0ae7e358c0d43d6c5475ad 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: Second story addition LOCATION: 259 Hunter Avenue TAX MAP DESIGNATION: Section 110.19, Block 1, Lot 2 ZONING DISTRICT: R-2 WHEREAS, on April 15, 2021 an application was submitted by Brian Hecht and Morgan Ridler (the "Applicants") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting area variances to construct a second story 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 450-34.B. of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building or lot, where the required minimum one side yard set-back is 10.00 feet and the existing one side yard set-back is 9.40 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 combined side yard set-back is 25.00 feet and the existing combined side yard setback is 19.10 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 maximum building coverage is 20.00 percent and the existing building coverage is 20.07 percent; 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 minimum lot area is 10,000 square feet and the existing lot area is 9,000 square 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 minimum lot width is 75.00 feet and the existing lot width is 60.00 feet; and WHEREAS, the Applicants are seeking a variance from Article VI, Section 450-40.E.(2)(c). of the Zoning Code, Coverage and open space-accessory structure, where the required minimum side yard set-back is 5.00 feet, the existing side yard set-back is 4.30 feet; and Page 1 of 4 �WHEREAS, the Applicants are seeking a variance from Article VI, Section 450-40.E.(2)(c). of the Zoning Code, Coverage and open space-accessory structure, where the maximum building coverage is 30.00 percent and the existing building coverage is 35.00 percent; 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 Morgan Ridler, dated April 13, 2021 2. Zoning Compliance Form signed by Amanda Linhart, architect, dated April 9, 2021 3. Short Environmental Assessment Form Part-1 Project information, signed by Amanda Linhart, dated April 13, 2021 4. Survey of Property prepared by Ward Carpenter Engineers, dated July 10, 2015 5. Photograph of existing conditions 6. Property deed dated August 24, 2015 7. Construction drawings prepared by Amanda Linhart, architect dated April 8,2021: a. A-001.00-Title Sheet b. A-002.00-Site Plan c. A-201.00 - Demo & New Construction Plans d. A-202.00 - Power and Finish Plans e. A-203.00 - Framing Plans f. A-301.00 - Exterior Elevations g. A-601.00 - Interior Renovations 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 Amanda Linhart, architect on behalf of the applicant stating that the application proposes to construct a rear second story addition to create a master bedroom suite by increasing the size of the existing dormer and raising the ceiling height. The proposed addition will add 64 square feet to the existing house. The roof line will remain the same and size of the west windows will be increased to expand the views of the Hudson River. The proposed addition will not be visible from the road and the neighbor to the left on Riverside Drive does not have any objections. The application does not propose changes to the existing non-conforming garage accessory structure; and WHEREAS, testimony was received from Morgan Ridler stating that there are Pine trees and hedges between their house and the neighbors' property; 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 Page 2 of 4 �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 will not be visible from the road and there are no proposed changes to the roof line or the footprint of the house. 2. The requested variances are not substantial as the proposed addition will not increase the footprint of the house and the existing non-conformities of the property are minimal. 3. Granting of the area variances is the feasible and minimal method to achieve the benefits sought by the applicant to create additional living space. 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. Page 3 of 4 �ZONING BOARD OF APPEALS VILLAGE OF SLEEPY.HOLLOW J Timothy CnuvehTLhairman Date / V the undersigned . , — j t h e foregoing is 8 true copy of an extract duly adopted by the Board of TlruileesflRtarming/Zoning of the Village of Sleepy Hoto*, «1 (he J i L d a y of 202£_andof Hit wholeftereof,and I further^ certify that the same was entered Mo the minutes of the meeting of said Board of Trustees/Planning/Zoning held on said date. M WITNESS WHEREOF, I have hereunto set my hand and official jsealfois^ day of A K ^ - i on?J 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-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_259-Hunter-Ave-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