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

application 4 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: 19 Irving Avenue - 9-9-2025 -- Plans Zoning Submission

oe : : a ti(‘i‘OSOCOCOCCSCR CUES ool Zoning Board of Appeals e ( 2025 4 4 Village of Croton-on-Hudson Application (ZBA . Enginecring Departmen€éngineers Offi - - Stanley i. Kellerhouse eet par Bug (Form # Eng §230 160) = 94 One Van Wyck Street Tel: 914-271-4783 ; engincering@crotononhudson-ny.gov (Revised 05 2024) Application Date: 99/2025 Application#: QOQSOSUO | Type of Application: Area O Special Permit 0 Appeal O Interpretation O Use O Fence NYS SEQR (§617) Actions: O Typel- Submit long EAF and CAF mm TypeIl- 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: 0) Village Board 0 Planning Board 0 Other: Property Information: Section: 73.9 Block: 2 Lot: 23 Property Location (strect address): 19lrvingAvenue ee Zoning District RAS ORA9 ORA25 ORA4O ORB (2 family) O RC Multiple Residence Limited Office O O-1 00-2 Commercial 0 Cl Central 0 C2 General 0 Gateway overlay Other D LI Light Industrial O WC Waterfront O WD Waterfront Development Current Use: 1 Family 0 2 Family 0 3 Family O Multi Family O Vacant Lot O Commercial/Other (description): ee Applicant Information: (if other than owner, supply a letter from the property owner authorizing application) O Owner O Tenant D Contractor/Vendor OD Attorney O Engineer & Architect Ci Others a eee Last Name: A"W oe First Name: Joseph ee ee MI: Company: /oseph Amnow AIA, Architect a Address: 12 Glengary Road, Croton-on-Hudson, NY 10520 Address: _ oe ee Phone ¢: Cell #: EE E-mail: iarmow@josepharnowarchitect.com Property Owner: CO Same As Above Last Name: Overmyer _ First Name: Peter and Lisa MI: Company: Address: 19 !i9g Avenue, Croton-on-Hudson, NY 10520 Phone #: ie Cell +: E-nail: General Application requirements: 1. 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. Ifarecent sale of the property has taken place, please submit proof of ownership. 5. If you 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. If the 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 Sections): QOO- DDE , DAO YOAV (0) Description of variance requested: The original building was presumably built shortly after a building permit issued in 1950. It was located in District C which is now RA-5. Per the 1967 survey, the existing Front Setback is not in conformance by only 2 inches with the current Zoning code and the 1931 Zoning Code. The existing East Side Setback is not in conformance with the current Zoning Code and the 1931 Zoning Code, both only due to the chimney bump out (the 1931 Code permitted an 18" encroachment for the chimney - the existing chimney encroaches 25"). The Total Side Yard Setback is not in conformance with the current Zoning Code (1931 Zoning Code did not have a Total Side Yard requirement.) The current building is a partial two (2) story building (originally a 1.5 story, a rear shed dormer for a partial 2nd story was added by permit in 1989). The applicant proposes a front addition and a full 2nd story and attic added to the house, ail of which would conform to existing side setbacks and the existing front setback minus 1/2". Additionally, the applicant proposes to build a detached carport on the West side of the building and requests a variance from 230-40 A.1(b) to bring the carport roof edge to the West property line. (A front portico and rear yard shed replacement are also proposed that would both conform with the current Zoning Code.) Required setbacks: Proposed Setbacks: Variance Requested: Side Yard 8 6-0 1/2" 10 Chimney (Same as existing) 1-11 W2™ vanance due to existing chimney (Same as existing) Total Side Yard 20° 16'-14 1/2" (Same as existing) 3-0 1/2" (Same as existing) Front Yard 15° 14°-9 1/2" (1/2" less than existing) 2 1/2" (1/2" more than existing) Rear Yard Accessory (Carport) Side Yard 5 o 5 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 pursuc, 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. There are several 2 story homes in the vicinity of the property. Regarding the proposed carport, the neighboring house at 80 Radnor Avenue is far away {approximately 45 feet) from the shared property line and has a nigh 8'-0" fence separating the properties. The carport would be open on all sides and set back from the front of the house. No undesirable change in the character of the neighborhood or detriment to nearby properties will occur. 2. A 2nd story addition resting on the existing 1st story walls is the most efficient method structurally. Shifting 2nd floor exterior walls to compliant setbacks would involve significant structural modifications & would not provide sufficient area for the program. Regarding the carport, many of the nearby houses are split-level with basement garages that allow cars to be protected close to the street. The subject home is not split level and does not have sufficient side clearance per zoning for a protected area for a car with similar proximity to the street. For the expansion and carport, a variance would be necessary 3, The request area variance is substantial. 4. There will be no adverse effect or impact on the environmental conditions in the neighborhood or district. The carport roof gutters would catch rainfall. 5. The difficulty is self-created. ZBA Application - Page 2 of 4 Have any previous area variance applications been made? Oyes Sno Ifso,givedate: _ Description of previous variance: | Village Code Section(s); Special Permit Description: ee Explanation: Bn (can use separaft paper if necessary) Have any previous special permit applications been made? O yes “Eno If so, give date: Oo Description of previous special permit: s~Appea Village Code Section(s): ee Descriptioinefadministrative decision or order (include copy): re (canuseSepagate paper ifnecessary) = Date of decision or order: _ Explanation of reason for appeal: — (canuseseparate paper ifnecessary) = 4~Inter pretation| Village Code Section(s): oe Description Of-praposed project or improvement: Explanation/describe request: ZBA Application - Page 3 of 4 Village Code Section(s); a a Existinps se of Property: a a Proposed USwgf Property: oe a No use variance shat be granted by the ZBA without a showing by the applicant that applicable zoning regulations and restrictions have causedNannecessary hardship. These four criteria must be satisfied: 1. Applicant cannot realize areasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence. 2. Alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood. 3. Requested use variance, if granted, will not atter the essential character of the neighborhood. 4. Alleged hardship has not been self-created. Provide additional Information for all four factors above: Scan use separate paper ifnecessary) 9 \ Have any previous use variance applications been made? Oyes Ono Ifso,givedae Description of previous use variance: Answer Questions (1-5): 1. [have submitted required number of copies + documentation. Myes Ono 2. Drawings, elevation plans & surveys have been submitted Rlyes Ono 3. All required application information has been provided Byes Ono 4. Proof of ownership, if applicable, has been provided Oyes Ono SNA 5. Digital files of all documentation have been submitted Rycs 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 ¢he co tion of the work. Jossey Aesiows 4 = q “2025 Applicant’s Name (please print) plicagt’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 §230-164(E) for up to a two year period. T request a 2 year variance: O YES O NO FOR VILLAGE USE ONLY: Is lot an existing small lot? O yes 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: 0 Approved 0 Approved 0) Denied 0) Denied Fee: $ oll le , ha Date paid: i) | \0| oko) Rec’d by: JC __ ZBA Application-Page 4 of4 Baan pp DEAO reac X ANwheS