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

application 8 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: 12 Hunter Pl ZBA Site Pics and Survey 2025

r ’ Zoning Board of Appeal Village of Croton-on-Hudson ation (ZBA > Engineering Department - - Stanley II. Kellerhouse Municipal Building ts # Eng §230 160) One Van Wyck Street SEP ct ¢ 20 Croton-on-Hudson. NY 10520-2501 ™ Tel: 914-271-4783 . engineering@crotononhudson-ny gov enguneers OM (Revised 05 2024) Application Date: Sept. 9, 2025 Application #: angsost| Type of Application: Area (Special Permit CO Appeal O Interpretation O Use O Fence NYS SEOR (§617) Actions: O Typel- Submit long EAF and CAF gi Type II- Not subject to SEQR (area variances for |, 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 O Planning Board O Other: a — Property Information: Section: 788 Block: 4 —C—C$L HE Property Location (street address): 12 Hunter Place = _ _ oo a Zoning District BRAS ORA9 ORA25 ORA40- ORB (2 family) 0 RC Multiple Residence Limited Office OO-1 oO 0-2 Commercial OC! Central O C2 General D Gateway overlay Other D LI Light Industrial 0 WC Waterfront CO WD Waterfront Development Current Use: & | Family O 2 Family O 3 Family O Multi Family O Vacant Lot C1 Commercial/Other (description): _ Applicant Information: (if other than owner, supply a letter from the property owner authorizing application) mm Owner Oj Tenant O Contractor/Vendor @ Attorney 0 Engineer D Architect OOther: — oo Last Name: Schuyler First Name: Peter _ _ —_ ME Company: Kitson & SchuyierPC Address: 321 South Riverside Avenue, Suite S Address: Croton, NY 10520 a Phone #: Cell #: ___ E-mail: pschuyler@kitsonschuyler.com Property Owner: © Same As Above Last Name: Galan, ————s—SCSCSSC‘WF ist Nam: Marlene MI Company: Cc Address: 12HunterPlace Address: Croton, NY 1052000 a a — — Phone #: __ Ce nai) 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. 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): QO 22A 4 9Z0-YOA(\\ Io) Description of variance requested: House was constructed in the early 1930s. The applicant is requesting the following variances: 1) Front yard setback. Requesting 1.3' variance from 15" required. 2) Side yard setback/total side yard. Requesting 6.8' variance for south side yard and 10.3' for combined side yards. _3) Shed variance. The existing shed on the north property line is 1' from the line. Seeking variance, (can use : separate paper if necessary) - Required setbacks: Proposed Setbacks: Variance Requested: Side Yard 8 1.2" 6.8' Total Side Yard 20 9.7" 10.3 Front Yard 15 13.7' 1.3" Rear Yard Shed 5 1 4 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: Five factors analysis to be separately emailed to engineering department 7 : _ _—— ase Separate paper ifnecessary) ZBA Application - Page 2 of 4 a) rs Have any previous area variance applications been made? Oyes Sno Ifso,givedate; Description of previous variance: a a a 2. Special Permit Village Code Section(s); _ a Special Permit Description: _ a Explanation: a eres a (can use separate paper if necessary) Have any previous special permit applications been made? Clyes fino Ifso,givedate; 0° Description of previous special permit: Oe i eee Village Code Section(s): _ Description of administrative decision or order (include copy): (can use separgt€ paper if necessary’) _ Date of decision or order: Explanation of reason for appeal: (can use separate paper if necessary 4. Interpretation Village Code Section(s): ne Description of proposed project or improvement: Explanation/describe request: ZBA Application - Page 3 of 4 Village Code Section(s); Existing Use of Property; So Proposed Use of Property: __ ey __ No use variance shall be granted by the ZBA without a showing by the applicant that appligable zoning regulations and restrictions have caused unnecessary hardship. These four criteria must be satisfied: 1. Applicant cannot realize a reasonable return, provided that lack of return is subsjantial as demonstrated by competent financial evidence. 2. Alleged hardship relating to the property in question is unique and does noypply to a substantial portion of the district or neighborhood. 3. Requested use variance, if granted, will not alter the essential character‘of the neighborhood. 4. Alleged hardship has not been self-created. Provide additional Information for all four factors above: Gan usgdeparate paperifnecessary) Have any previous use variance applications been pfade? Oyes Ono Ifso, givedate: a 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 Oyes 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 | 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. Marlene Galarn, Mache Kobe ar 4/9/20 OVWO pp ticast’s Name (please print) Applicants Sjgnature Date UELCL. Ste VIELE ek Wt hts OIL 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. I request a 2 year variance: O YES ONO FOR VILLAGE USE ONLY: Is lot an existing small lot? O yes O) no 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 O Denied O) Denied Fee: $ fe) 7 SY Date paid: \a las _ Rec’d by: . —— ZBA Application - Page 4 of 4 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties: All variances requested by the applicant relate to the house that she and her late husband purchased in 1986. The applicant has not expanded or added any extension to her property in the nearly forty-year period of her ownership. The shed for which she seeks a ~ variance was also in the same place at the time of her purchase. There will be no change in the character of the neighborhood, and certainly not an undesirable one, by the granting of the requested variances. Similarly, there will be no detriment to nearby properties created. Hunter Place is a narrow road with many nearby houses located very close to the street. The side yard variance will be legalizing the existing structure which has been in place for more than forty years. The shed is located next to a retaining wall that runs along the property line with the adjoining neighbor. The wall is more than twice the height of the shed and obscures the shed from the neighbor’s view, except from above. 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: The applicant has come to the Zoning Board of Appeals bring her property into conformity with zoning requirements. The only way for the applicant to do so without incurring significant costs, as well as demolishing a portion of her house, would be to obtain the requested variances. The shed is used for storage so that outdoor tools are conveniently accessible at a central point on the sloped property. Moving the shed, which is substantial in size (the house does not have a garage), would incur a significant cost to the applicant, who is of limited means. 3. Whether the requested area variance is substantial: The front yard variance is not substantial, and the fact that the house is a little more than one foot closer to the street than required is essentially imperceptible to neighbors and the public, and as mentioned above, is in keeping with other houses in the neighborhood. The other variances are substantial, but are being requested to legalize a pre-existing structure that was not built by the applicant and has existed essentially as-is for at least 40 years. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district: As noted above, the house and shed at issue have been in existence for approximately forty years. Granting the variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood. 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 variance: The alleged difficulty is not self-created by the applicant. The applicant’s purchase of the home almost forty years ago was done in a private sale without the involvement of real estate agents, who might have alerted the applicant and her husband to the issues presented here. The applicant and her husband only became aware of these issues less than ten years ago. The applicant and her late husband first undertook to initiate a lawsuit to obtain ownership of an orphan right of way that was contiguous to the property, which was resolved shortly before the pandemic. The applicant has recently restarted her efforts to resolve these matters as she wishes to market her property for sale due to the death of her husband earlier this year. We thank the Board for its consideration. ovis ve 3 s , | a2 eS SHED Sas ry —P ’ " Es po STIPIGE. i , 131,95 ~. a : ON Ne. 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