https://sleepyhollow.localarchives.org/files/original/8bca79aa4ad96d721476985a19d442f7.pdf 13a306e085f743c1a91f1c0ec3ffdcad PDF Text Text RESOLUTION Adopted at the September 15, 2021 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Two-story addition LOCATION: 42 Hudson Street TAX MAP DESIGNATION: Section 115.15, Block 1, Lot 30 ZONING DISTRICT: R-4A WHEREAS, on May 15, 2021 an application was submitted by Jeffrey White (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 (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 lot area is 4,000 square feet and the existing lot area is 2,971 square 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 lot width is 40.00 feet and the existing lot width is 25.00 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 one side yard set-back is 3.00 feet and the existing one side yard set-back is 0.60 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 combined side yard set-back is 12.00 feet and the existing combined side yard setback is 5.98 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 front yard set-back is 20.00 feet and the existing front yard set-back is 4.67 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 one side yard set-back is 3.00 feet, the existing one side yard set-back is 0.60 feet, and the proposed one side yard set-back is 0.60 feet; and Page 1 of 4 �WHEREAS, the Applicants are seeking a variance from Article VI, Section 450-35. of the Zoning Code, Schedule of regulations, where the required minimum combined side yard set-back is 12.00 feet, the existing combined side yard set-back is 5.98 feet, and the proposed combined side yard set-back is 5.98 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 Applicant, dated May 14, 2021 2. Zoning Compliance Form, dated June 1, 2021 3. Short Environmental Assessment Form Part-1 Project information, signed by Applicant, dated May 13, 2021 4. Survey of Property prepared by Edward J. Martine, Jr. Engineer Surveyor, dated January 26, 1995 5. Photograph of existing conditions 6. Property deed dated August 3, 2017 7. Westchester County recording and endorsement page, recorded August 9, 2017 8. Partial site plan drawing, renderings, and sketches drawn by Applicant WHEREAS, the ZBA cancelled the duly noticed public hearing scheduled for July 21, 2021; and WHEREAS, the ZBA held duly noticed public hearing on September 15, 2021 to hear and consider the application; and WHEREAS, testimony was received from Jeffrey White stating that the existing house is a two-story, two bedroom, and one bathroom structure. The application proposes to construct a 15 x 18 foot two-story addition on the back of the house to add one bedroom, one bathroom, a closet on the main level, and an unfinished screened-in-area on the lower level. The proposed addition will not exceed the permitted building coverage area; and WHEREAS, testimony was received from Sean McCarthy, the Building Inspector, stating that the plans submitted were schematic and if the application is approved by the Zoning Board, full architectural drawings will be submitted and reviewed for compliance with the Village Code and the New York State Building and Fire Codes as part of the Building Permit Application. Since the property is only 25 feetwide and it would be impossible for the owner to achieve the goals of his application if he was required to comply with the minimum setback requirements; 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 in the character of the neighborhood or be a detriment to the nearby properties as the proposed addition will affect the rear of the property. 2. Granting of the area variances is the only feasible way to achieve the benefits sought by the applicant and cannot be achieved by another method because the addition would only be permitted to be 13 feet wide if the applicant was required to conform to the minimum setback requirements. 3. The requested variances are substantial, however because the proposed addition will match the existing building setbacks and will not exceed the building coverage requirement. 4. Granting of the area variances will not have a permanent adverse effect or impact on the physical or environmental conditions of the neighborhood. 5. The required variances are self-created hardship but it is not the only factor that the Board considers when they review an application. 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. Drawings will be prepared by a registered architect and will be submitted with the Building Permit application for review by the Department of Architecture, Land Use Development, Buildings and Building Compliance to ensure compliance with the Code of the Village of Sleepy Hollow, New York State Building Code, New York State Fire Code, and with variances approved by the ZBA. Page 3 of 4 �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 OF,,SLEEPY HOLLOW n 117/te z < Timothy Date the undersigned (4erk/Deputy Clerk, do hereby certify that the foregoing is , ^ true copy of an extract duly adopted by the Board of 2OM/KT Trustees of the Village of Sleepy Hollow, on the Q day J f ^ f e ^ e v ^ W . 102 ( and of the whole thereof, id I further certify that the same was entered into the mutes of the meeting of said Board of Trustees held on jid date. iN WITNESS WHEREOF, I have hereunto set my hand and official seal this/? dav of , 202&_. 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_2021-09-15_42-Hudson-Street-Approved-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