https://sleepyhollow.localarchives.org/files/original/60ddfa3be5b9e7a6ceb9fc65d8bd15e4.pdf 92283a62c9ba15b3c7c5afd219dc0017 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: Fencing and detached storage shed LOCATION: 21 Kingsland Road DESIGNATION: Section 110.11, Block 1, Lot 62 Z O N I N G DISTRICT: R-2A WHEREAS, on June 14, 2021 an application was submitted by Jeffrey and Morgan Moriarty (the "Applicants") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting area variances to install fencing and a detached storage shed (the "Application") pursuant to the Article XII of the Zoning Code of the Village of Sleepy Hollow; and W H E R E A S , 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 in the front yard is 3 feet and the proposed front yard fence height is 5 feet; and W H E R E A S , the Applicants are seeking a variance from Article VII, Section 450-40.E.(2) of the Zoning Code, Supplementary regulations, Coverage and open space, Location or accessory uses in residential districts, where the required minimum side yard set-back is 5.00 feet, and the proposed shed side yard set-back is 3.00 feet; and WHEREAS, the Applicants are seeking a variance from Article VII, Section 450-40.E.(2) of the Zoning Code, Supplementary regulations, Coverage and open space, Location or accessory uses in residential districts, where the required minimum distance of a structure from the principle building is 10.00 feet, and the proposed shed distance is 5.00 feet from the principle building; and W H E R E A S , the ZBA held a duly noticed public hearing on December 15, 2021 to hear and consider the application; and W H E R E A S , the ZBA reviewed the following documents: 1. Determination letter prepared by the Building Department, dated September 23, 2021 2. Zoning Board of Appeals application signed by Morgan Moriarty, dated October 13, 2021 3. Zoning Compliance Form 4. Short Environmental Assessment Form Part-1 Project information, signed by Morgan Moriarty, 5. dated October 13, 2021 Property deed dated October 29, 2018 6. Survey of Property prepared by Stephen F. Hippe, L.S., dated October 16, 2018 Page 1 of 5 �7. Property survey copies indicating proposed fencing and shed locations 8. 9. Proposed fencing selection specification sheet Photographs of existing conditions including front of home, existing retaining wall, and proposed shed location 10. Proposed shed specification sheet 11. Letter of support received from the owner of 2 Lakeview in support of 5.00 foot fence, dated November 14, 2021 WHEREAS, testimony was received from Morgan Moriarty as the "Applicants" stating that they are requesting a variance to install a 5 foot high fence around the perimeter of the their property, following the path of the existing retaining wall, to create a closed-in-area that will contain their dog and be safer for their daughter. The proposed fencing that will face Kingsland Road and will be 23 feet back from the property line. The proposed portion of fencing along Kingsland Road, and a 25 foot section along the side yard that borders 3 Lakeview Drive, requires a variance to install fencing above 3 feet in height. Mrs. Moriarty stated that they are seeking a variance to install to install an 8' x 10 'detached storage shed for lawn equipment, 3.00 feet from the property line and 5.00 from the main building where tall landscaping buffers exist and will remain between the shed location and the backyard of the neighboring property; and WHEREAS, Chairman Church stated that they had no issues with the variance request for the shed and suggested that the applicant request an adjournment to the January 19, 2022 meeting and submit additional information or changes to the application for the fencing as the ZBA cannot support the request to grant a variance for a 5 foot height fence; and WHEREAS, on January 18, 2022 the applicants submitted a revised application for the proposed fencing; and WHEREAS, the ZBA held a continued public hearing on January 19, 2022 to hear and consider the revised application; and WHEREAS, the ZBA reviewed the following documents: 1. Letter prepared by the applicants requesting changes to the application received January 18, 2. 2022 Revised property surveys indicating the proposed fencing heights received January 18, 2022 WHEREAS, testimony was received from Morgan Moriarty as the "Applicants" stating that they propose to comply with the 3 foot maximum fence height regulations along the 20 foot length on Lakeview Avenue and are requesting a variance to install 4 foot high fence at the 15 foot length portion on Kingsland Road, within the 30.00 foot setback, where it requires a variance and; WHEREAS, testimony was received from Sean McCarthy, the Building Inspector, stating that the area inside the 30.00 foot setback on Kingsland Road requires a variance to install a 4 foot height fence; the 20 foot length of 3 foot high fencing proposed along Lakeview Avenue that extends into the Village Right-of-Way will require approval and a licensing agreement from the Board of Trustees, and the shed Page 2 of 5 �will be required to meet the New York State Residential Code for fire safety regulations required for the shed material and; WHEREAS, the ZBA closed the public hearing on January 19, 2022; 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 for the proposed detached storage shed: 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 shed location and material is appropriate for the property and no objections have been received from the neighboring property owner. 2. Granting of the area variances is the feasible way to achieve the benefits sought by the applicant to have a detached storage shed near their existing garage and the property owner will comply with the code required fire safety regulations to install a shed at a 5.00 foot distance from the principle building and 3.00 feet from the property line. 3. The requested variances are substantial but no objections have been received from the public or neighboring property owners. 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 a self-created hardship but is not the only factor that the Board considers when granting an area variance. Page 3 of 5 �BE IT FURTHER RESOLVED, in weighing the benefit sought by the Applicants against the potential detriment to the health, safety, and general welfare of the neighborhood, the ZBA hereby grants approval for the proposed detached storage shed; 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 proposed fencing will be transparent and will not obstruct views from the public roadways. 2. Granting of the area variance is the feasible way to achieve the benefits sought by the applicant and they were amendable to revising the application to better comply with the Zoning Code regulations. 3. The requested variance is substantial but no objections have been received from the public or neighboring properties. 4. Granting of the requested variance will not have a permanent adverse effect or impact on the physical or environmental conditions of the neighborhood. 5. Although the required variance is a self-created hardship, it is not the only factor that the Board considers when granting an area variance. BE IT FURTHER RESOLVED, in weighing the benefit sought to the Applicants against the potential detriment to health, safety, and general welfare of the neighborhood, the ZBA is hereby grants approval for the proposed 4 foot high fencing with the following condition: 1. The proposed fencing along Lakeview Avenue that extends into the Village right-of-way will require approval and a licensing agreement from the Board of Trustees before a Building Permit is issued. 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. Page 4 of 5 �ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOA L/' =t V z cz Z_ Date Timothy Church, Chairman ' I f aJU A I undersigned SaagsSsE -—•—•Sir iuty Clerk Page 5 of 5 � 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_21 Kingsland Road 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