https://sleepyhollow.localarchives.org/files/original/1a39ebf145b1f18f091f173e4c54f6fe.pdf 6df60cfdbe344abdc24aeab4a8de5ea2 PDF Text Text RESOLUTION Adopted at the January 19, 2022 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: One-story addition and alterations LOCATION: 145 Hunter Avenue DESIGNATION: Section 110.19, Block 1, Lot 18 ZONING DISTRICT: R-2 WHEREAS, on December 13, 2021 an application was submitted by John & Kristine Mancuso (the "Applicants") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting area variances to construct a one-story addition and alterations (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, where the minimum required lot width is 75.00 feet and the existing lot with is 70.00 feet; and WHEREAS, the Applicants are seeking a variance from Article VII, Section 450-35 of the Zoning Code, Schedule of regulations, where the required minimum front yard set-back is 30.00 feet, the existing front yard set-back is 31.10 feet, and the proposed front yard set-back is 25.10 feet; and WHEREAS, the ZBA has reviewed the following documents: 1. Determination letter prepared by the Building Department, dated December 13, 2021 2. Zoning Board of Appeals application signed by John Mancusso, dated December 13, 2021 3. Zoning Compliance Form prepared by Mark C. Behr, architect, dated December 8, 2021 4. Short Environmental Assessment Form Part-1 Project information, signed by Mark C. Behr, dated December 1, 2021 5. Property deed dated August 1, 2017 and Westchester County Recording recorded August 23, 2017 6. Topographic May prepared by Gabriel E. Senor, P.C. dated March 3, 2021 7. Drawings prepared by Mark C. Behr dated December 8, 2021 as follows: 8. a. TS-Existing & Proposed Site Plans b. A-l-Existing & Proposed Plan & Front Elevation Letter in support of the application received from the owners of 140 Hunter Avenue, dated January 14, 2022 Page 1 of 3 �WHEREAS, the ZBA held a duly noticed public hearing on January 19, 2022 to hear and consider the application; and WHEREAS, testimony was received from John Mancuso stating that they are seeking a variance into their front yard setback to construct a one-story addition to convert an existing powder room to a full bathroom and to expand and create a covered entrance where the existing front entrance faces the road and is exposed to the elements and; WHEREAS, testimony was received from Kristine Mancuso stating that she has spoken with several of the neighboring property owners and they did not have any objections to the application and will submit a letter of support from the neighbor for the public record and; WHEREAS, testimony was received from Sean McCarthy, the Building Inspector, stating that several of the properties on Hunter Avenue are existing non-conforming with the Zoning Code and several property owners have been granted variances for required setbacks 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 the 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 for the proposed application: 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 2. Granting of the area variance for a minor encroachment into the front yard is not substantial, is in keeping of the character of other home on Hunter Avenue, and will be aesthetically pleasing with the existing house. The existing non-conforming lot width will not be affected by the requested variance. Page 2 of 3 �3. The requested variance is minor in relation to the benefit sought by the applicant. 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 not the only factor that the Board considers when granting an area variance. BE IT FURTHER RESOLVED, that the area variances requested by the Applicants 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 Applicants 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 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-2022 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_2022-01-19_145 Hunter Avenue Approved Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2022 Date A point or period of time associated with an event in the lifecycle of the resource 2022 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