https://sleepyhollow.localarchives.org/files/original/410cee6ba9c2230c471e461d6b56f1b0.pdf c88d53d61f31b3815fc7df5023faa484 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: Legalization of rear terrace LOCATION: 2 Lakeview Avenue TAX MAP DESIGNATION: Section 110.15, Block 2, Lot 5 ZONING DISTRICT: R-2A WHEREAS, on April 15, 2021 an application was submitted by Miles Greaves and Jennifer Woolf (the "Applicants") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting area variances to legalize a rear terrace installed without a Building Permit (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 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 15.00 feet, and the proposed rear yard set-back is 7.50 feet; and WHEREAS, the ZBA has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Stop Work Order dated June 20, 2017 Determination letter prepared by the Building Department dated July 21, 2017 Letter prepared by the Building Department dated October 1, 2020 Zoning Board of Appeals Application Part 1 -4 signed by Miles Greaves, dated April 14, 2021 Rider A -Answers to six questions included in Zoning Board of Appeals Application Zoning Compliance Form signed by Deirdre O'Farrelly, dated April 23, 2021 Short Environmental Assessment Form Part-1 Project information, signed by Miles Greaves Survey of Property prepared by Scalice Land Surveying, dated December 9, 2020 Photograph of existing conditions Property deed dated January 15, 2021 Construction drawings prepared by Deirdre O'Farrelly, architect dated October 19, 2020: a. Al.l- Rear Patio, Permit Drawing As-Built Plan of Patio b. A1.2- Rear Patio, Permit Drawing Elevation and Section Page 1 of 3 �12. Email correspondence received on May 14, 2021 from Howard Katseff and Bonnie Goodman, the owners of 4 Lakeview Avenue in favor of approving the application. 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 Miles Greaves stating that the terrace has low visibility from the street and the neighboring properties and that they have spoken with their neighbors and there have been no objections. The terrace provides enjoyment in their backyard and increases the value of their property and they will install railings to the terrace if required by the Building Department; and WHEREAS, testimony was received from Sean McCarthy, the Building Inspector, stating that a stop work order was issued in 2017 because the previous owner installed the terrace without a Building Permit. An agreement was made in order to allow the sale of the property to move forward which stated that the new owner would file the required documents to legalize the terrace structure; 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 terrace is flat and not an elevated structure. 2. The requested variances are not substantial as the rear yard set-back is existing non-conforming and the additional encroachment in the rear yard is minimal. 3. Granting of the area variances is the feasible and minimal method to achieve the benefits sought by the applicant. Page 2 of 3 �4. The requested variances are a self-created hardship but there has been no opposition from the neighboring properties and a letter in support of legalizing the terrace has been received. 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 Application to the ZBA is hereby granted approval for the variances with the following condition: 1. The applicant is required to request a variance approval if they wish to elevate the terrace to be flush with the sloped grade and the door. 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 Date .the undersigned XMs/Deputy Clerk, do hereby certify that the fbregoii^b a true copy of an extract duly adopted by the<6oaro of Tnistees/Planning^ing^f the Village of Sleepy Hotow, on the R djyflTMOcM . » 2 4 and of the whole thereof, and I further" certify that the same was entered into the minutes of the meeting of said Board of Trustees/Planning/Zoning held on said date. ' ltd 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_2-Lakeview-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