Documents › Zoning Board of Appeals, 2025-09-30

agreement 4 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: 250701 Switch-Electric ZBA Submission Package 250930 Switch-Electric ZBA ALTERNATE PLAN Submission...

~ ° os Zoning Board of Appeals Village of 9 Croton-on-Hudson ResepPlication (ZBA) > Engineering Department rm # Eng-§230-160) a - _. as x im Seanley H, Kellemowse Municipal Building JUL 0 { oh > Croton-on-Hudson, NY 10520-2501 oft Tel: 914-271-4783 eers Office . engineering@crotononhudson-ny gov Engin (Revised 05 2024) Application Date: 97/01/2025 Application #: OOBSC28 Type of Application: @ Area O Special Permit O Appeal O Interpretation O Use O Fence NYS SEQR (§617) Actions: O Typel- Submit long EAF and CAF m TypelIl- Not subject to SEQR (area variances for 1, 2 and 3 family homes and lot line variances and individual setback variances) EAF & CAF not required O Unlisted- Submit short EAF (long EAF may be required) and CAF Other Involved Agencies: O Village Board O Planning Board 0) Other: Property Information: Section: 78.8 Block: 3 Lot: 64 Property Location (street address): 25 N RIVERSIDE AVE Zoning District O RAS ORA9 ORA25 ORA40- ORB(?2 family) O RC Multiple Residence Limited Office © O-1 oOO-2 Commercial & Cl Central O C2 General O Gateway overlay Other O LI Light Industrial O WC Waterfront O WD Waterfront Development Current Use: O 1! Family DO 2 Family O 3 Family O Multi Family O Vacant Lot & Commercial/Other (description): Applicant Information: (if other than owner, supply a letter from the property owner authorizing application) O Owner D Tenant O Contractor/Vendor O Attorney D Engineer @ Architect O Other: : Last Name: LUNTZ First Name: ROBERT MI: Company; RESOLUTION: 4 ARCHITECTURE Address: 150 WEST 28TH STREET, SUITE 1902 Address: NEW YORK, NY 10001 Phone #: co oi): Property Owner: 0 Same As Above Last Name: WHELAN First Name: JOHN & KERRY MI: Company: SWITCH INC ELECTRICAL CONTRACTORS Address: Croton-on-Hudson, NY 10520 Phone ¢: ST Cell #: Ena: General Application requirements: |. Forms & fees: This completed application plus seven (7) copies (total of 8) plus eight (8) copies of the supporting documentation shall be submitted by the applicant, accompanied by the applicable fee. Electronic version (pdf, jpeg, other) of all documents must be submitted with the application. Appropriate photographs of the property and surrounding properties should be submitted. Please note the application fee is non-refundable even in the event the application is withdrawn. 2. Content of submission: Application shall fully set forth the circumstances of the case, accompanied by a proposed plan showing the size and location of the lot, a site plan showing location of all buildings and proposed facilities, including access drives, parking areas, landscaping and streets. Each application shall refer to the specific provision ZBA Application - Page 1 of 4 of the chapter and the interpretation that is claimed, details of the variance that is applied for and the grounds on which it is claimed that the same should be granted, or the use for which the special permit is sought. 3. Drawings, elevation plans, and surveys must reflect what is existing and what is proposed and must be submitted at the time of application. Failure to do so may result in your application being deemed incomplete. 4. Ifa recent sale of the property has taken place, please submit proof of ownership. 5. Ifyou are in contract to purchase, please submit a notarized letter from the current owner stating that the applicant has his/her permission to file on his/her behalf and applicant is not the owner. 6. Applications must be submitted 21 days prior to the date of the hearing in order to meet required deadline dates for Legal Noticing. ZBA meetings/hearings are usually held on the 2"? Wednesday of each month at 8 PM. 7. Ifthe application is approved by the Zoning Board of Appeals a building permit is needed, a separate application for the building permit will need to be submitted. 8. Appeal: shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination by filing with the administrative official and the ZBA, a notice of appeal specifying the grounds of appeal and relief sought. 10. Stay upon appeal: an appeal shall stay all proceedings in furtherance of the action appealed from, unless it is determined that the stay would cause imminent peril to life or property, in which case, proceedings shall not be appealed other than by a restraining order which may be granted by the ZBA or by a court of record on application. Village Code Section(s): $230°355 0 Description of variance requested: Proposed project scope includes a sacond story addition to an existing commercial otfice building. Variance requested is for relief [rom the rear yard setback requirement which currently is non-conforming. The second story addition increases the amount of non-conformily. However the existing first floor height isbeing reduced = 50 thal the second story addition only adds approximately 5° 4 44° to the overall height of the buikiing, thus maintaining as low a profile as possible relative to the neighboring buildings, (can use separate paper if necessary) Required setbacks: Proposed Setbacks: Variance Requested: Side Yard 10' 50.5' (EXISTING) NO Total Side Yard N/A Front Yard N/A Rear Yard 30 1.33’ (EXISTING) YES OFF-STREET 7 PARKING SPACES 7 PARKING SPACES (EXISTING) NO The ZBA shall take into consideration the benefit to the applicant if the variance is granted as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such a grant. To be considered: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties; 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; 5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the ZBA but shall not necessarily preclude the granting of the area variance. Please provide a detailed response to all five factors above: 1 An undesirable change will not be produced in the character of the neighborhood or to the detriment of the nearby properties. Basic bulk of the structure currently exists and addition of 5' in height is relatively minor. 2. The benefit sought by the applicant cannot be achieved by any other feasible method that would not require an area vanance. 3 The requested area variance could be considered substantial, however it is the most reasonable means lo achieve the additional space required by the applicant 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood 5. The difficulty of adding to the building is based upon the existing non-conforming contiguration which was not self created by the applicant {can use separate paper if necessary) ZBA Application - Page 2 of 4 Have any previous area variance applications been made? Byes Ono _Ifso, give date: Description of previous variance: a [is}1e - Sian, Garnet wo | yore 3ralA4 * “GL hres k Qay Vivo — OWA D-— oth Saresh ees Village Code Section(s): Special Permit Description: eee a Explanation: 7 —_ OO (can use separate paper if necessary) _ SO 7 Have any previous special permit applications been made? Oyes Sno _Ifso, give date: Description of previous special permit: Village Code Section(s): Description of administrative decision or order (include copy): (can use separate paper if’necessary) Date of decision or order: Explanation of reason for appeal: (can us¢ separate paper if necessary) Village Code Section(s): ra Description of proposed project or improvement: if ri f f /- Explanation/describe request: ZL ZBA Application - Page 3 of 4 Village Code Section(s): Existing Use of Property: : Proposed Use of Property: No use variance shall be granted by the ZBA without a showing by the gpplicant that applicable zoning regulations and restrictions have caused unnecessary hardship. These four criteria prust be satisfied: 1. Applicant cannot realize a reasonable return, provided that Ja¢k of return is substantial as demonstrated by competent financial evidence. 2. Alleged hardship relating to the property in question js’unique and does not apply to a substantial portion of the district or neighborhood. 3. Requested use variance, if granted, will not altey4he essential character of the neighborhood. 4. Alleged hardship has not been self-created. Provide additional Information for all four faefors above: _ KR: (can use separate paper if ssary) : Have any previous use variance applications been made? yes Ono __Ifso, give date: Description of previous use variance: Answer Questions (1-5): 1. Ihave submitted required number of copies + documentation. Oyes Ono 2. Drawings, elevation plans & surveys have been submitted Oyes Ono 3. All required application information has been provided Oyes Ono 4. Proof of ownership, if applicable, has been provided Oyes Ono 5. Digital files of all documentation have been submitted yes Ono I certify that the above information is accurate, and I am the property owner or authorized by the owner to file this application on their behalf and that I will indemnify and hold the Village harmless against any damage or injury that may be caused by or arise out of any entry onto the property in connection with the processing of the application, during construction or performance of the work or within one year after the completion of the work. Robert Luntz ( / 2 { 07/01/2025 Applicant’s Name (please print) Applicant’s Signature Date Note: According to Section 230-164(E), “Unless work is commenced and diligently prosecuted within one (1) year of the date of the granting of a variance or special permit, such variance or special permit Shall become null and void.” For larger projects, a request can be made for a variance from Wn 64(E) for up to a two year period. I request a 2 year variance: YES O NO FOR VILL AGE USE ONL ONLY: —— —— et a Is lot an existing small lot? Oyes Ono Note: If yes, lot area, lot depth and lot width exceptions are granted under Village Zoning Code 230-40G Decision Type: Decision Type: Date: Date: O Approved OC Approved O Denied we) 0 Denied Fee: $ ONS Date paid: | | ay 25 Rec'd by: KC ZBA Application - Page 4 of 4