https://sleepyhollow.localarchives.org/files/original/522c3d337366f379e3c5e78c1db37597.pdf 0029fa5fc321e79aa84e23999e6919e7 PDF Text Text RESOLUTION Adopted at the October 20, 2021 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Exterior stair and fencing LOCATION: 67 Sleepy Hollow Road DESIGNATION: Section 115.8, Block 2, Lot 16 ZONING DISTRICT: R-3 WHEREAS, on June 14, 2021 an application was submitted by Larry Welch and Nana Lamouse-Welch (the "Applicants") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting area variances to construct an exterior stair and fencing (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 one side yard set-back is 10.00 feet and the existing one side yard set-back is 5.84 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 10.00 feet, the existing one side yard set-back is 5.84 feet, and the proposed one side yard set-back is 0.00 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 combined side yard set-back is 15.00 feet, the existing combined side yard set-back is 17.40 feet, and the proposed combined side yard set-back is 11.56 feet; and WHEREAS, the Applicants are seeking a variance from Article VII, Section 450-40.F. of the Zoning Code, Supplementary regulations, Coverage and open space-fences and walls, where the maximum permitted fence height is 3.00 feet, and the proposed fence height is 4.00 feet; and WHEREAS, the ZBA has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. Application summary letter prepared by Christina Griffin, Architect, dated June 14, 2021 2. Zoning Board of Appeals application signed by Nana Lamouse-Welch, dated May 21, 2021 3. Zoning Compliance Form, signed by Christina Griffin, dated June 11, 2021 4. Short Environmental Assessment Form Part-1 Project information, signed by Christina Griffin, dated June 11, 2021 Page 1 of 4 �5. Property deed recorded April 29, 2019 6. Survey of Property prepared by Charles Riley, Licensed Surveyor, dated October 4 , 1 9 7 2 7. Architectural drawings prepared by Christina Griffin Architect, dated June 14, 2021 as follows: 8. a. Title Sheet, General Notes, Climatic & Geographical Criteria, Dates, and List of Drawings b. S - l - Site Plan, Zoning Compliance, Location Map, Photographs of Property, Site Details c. A - l - Lower Level Plan d. A-2-First Floor Plan e. A-3- Exterior Elevations f. A-5- Photographs of Site Survey of Property prepared by Gerald T. O'Buckley, dated August 4, 2021 WHEREAS, the ZBA held duly noticed public hearing on October 20, 2021 to hear and consider the application; and WHEREAS, testimony was received from Christina Griffin, on behalf of the applications stating that the side yard is existing non-conforming. The existing side yard set-back is 5.84 feet. The application proposes to construct an exterior staircase 2.5 feet from the property line, along the existing retaining wall, to gain access from the front yard to the rear yard. There is an existing terrace within the setback that extends to the property line. The application also proposes to install a 9-foot extension of 4-foot high fencing on the top of the retaining wall, at a 90 degree angle, to provide safety from falling over the corner of the stone wall; and WHEREAS, testimony was received from Sean McCarthy, the Building Inspector, stating that the existing 4-foot high fence is within the front yard setback of a corner lot and should also have been 3 feet in height; 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 Page 2 of 4 �BE IT FURTHER RESOLVED, after due consideration the ZBA makes the following determination for the proposed exterior staircase: 1. Granting of the area variance will not create an undesirable change in the character of the neighborhood or be a detriment to the nearby properties as the neighboring property on the south side has a similar staircase. 2. Granting of the area variance is the only feasible way to achieve the benefits sought by the applicant to access the rear yard from the front of house and cannot be achieved by another method due to steep slope of the front yard. 3. The requested variance is not substantial when compared to the existing structures that are within the side yard setbacks. 4. Granting of the area variance will not have a permanent adverse effect or impact on the physical or environmental conditions of the neighborhood. 5. The required variance is a self-created hardship but it is difficult to access the properties' rear yard without the proposed staircase; and BE IT FURTHER RESOLVED, after due consideration the ZBA makes the following determination for the proposed 4-foot high fencing: 1. Granting of the area variance will not create an undesirable change in the character of the neighborhood or be a detriment to the nearby properties as the existing fence and the proposed 9-foot extension of 4-foot high fencing will not block views to the neighboring properties due to its height and location on the property. 2. Granting of the area variance is the feasible method to achieve the benefits sought by the applicants because they propose to continue the same style of transparent fencing material and are only requesting to install 9 feet of fencing to ensure safety from the steep slope of the front yard to the driveway. 3. The requested variance is not substantial from 3 feet in height to 4 feet in height when installing the same style transparent fencing. 4. Granting of the area variance will not have a permanent adverse effect or impact on the physical or environmental conditions of the neighborhood. 5. The requested variance is a self-created hardship but it is not the only factor that the Board considers when reviewing an application. BE IT FURTHER RESOLVED, the Application to the ZBA is hereby granted approval for the side yard variance for the stair and height variance for the fence with the following condition: Page 3 of 4 �1. Approval is granted to install 9 feet of 4-foot high fencing of transparent material, similar to the existing fence. Any material change would be required to come back to the Zoning Board of Appeals for approval. 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 u i imotny tnurcn, tnairman Date / r7 11 the undersigned C^cSk/peputy Clerk, do hereby certify that the foregoing is a true copy of an extract duly adopted by the Board of Trustees/Plannin^mngj5f the Village of Sleepy Hollow, on t h d a v of <Tffet&K, 20£1_ 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/Plannin^niDpield on said date. IN WITNESS WHEREOF, I have hereunto set my hand andofficic " ' " '' ^ 20£i__ 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_2021-10-20_67-Sleepy-Hollow-Road-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