Documents › Zoning Board of Appeals, 2025-12-16

application 6 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: 21 Elmore Ave DRAFT Resolution 2025 21 Elmore Avenue Zoning Plans and Site Pictures 11-19-2025

Zoning Board of Appeals Village of Croton-on-Hudson Application (ZBA Engineering Department _ . ° Stanley H. Kellerhouse Municipal Building (Form # Eng §230 160) = One Van Wyck Street Tel: 914-271-4783 . engineering@erotononhudson-ny. gov (Revised 05 2024) Application Date: 11/192025(Revised 12/2/2028) Application #: VODGOYS Type of Application: Area OSpecial Permit O Appeal OD Interpretation O Use DO Fence NYS SEOR (§617) Actions: O Typel- Submit long EAF and CAF B Typell- 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: Village Board O Planning Board O) Other: a Property Information: Section: 79.9 Block: sss ___ Lot: 41 Property Location (street address): 21 ElmoreAvenue eee Zoning District RAS ORA9 ORA25 ORA4O ORB (2 family) O RC Multiple Residence Limited Office O O-1 oO 0-2 Commercial O Cl Central 0 C2 General O Gateway overlay Other O 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 O Contractor/Vendor D Attorney O Engineer & Architect D Other: Last Name: Aw sCéFFirst Name: Y98@PM ME Company; 220902) 000 AYR cp et Address: 12 Glengary Road, Croton-on-Hudson, NY 10520 _ Address) = A Phone ¢; <= Cell #: ni) Property Owner: O Same As Above Last Name: Noelle Sirico and John O'Brien First Name: Noelle Sirico and John O'Brien ee MI: ee Company: Address: 2! Elmore Avenue, Croton-on-Hudson, NY 105200 Address: ___ pater area arte Phone #: Cel: [7/7 ei! i 60 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 t ~~ 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. 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): 28°38 Description of variance requested: The original building was built by permit in 1950. It was located in District C which is now RA-5. Per the latest survey from 2001, the existing West Side Setback is not in conformance with the current Zoning Code, due to the chimney bump out (the 1931 Code permitted an 1.5 FT encroachment for the chimney). A 2001 variance was issued in 2001 for the West Side with a 1.7 FT Setback (for the chimney). The Total Side Yard Setback is not in conformance with the current Zoning Code (Zoning Code in 2001 did not have a Total Side Yard requirement.) The current building is 1.5 stories, and the applicant proposes a rear shed dormer running the full width of the house. There would be no changes to existing setbacks. Side Yard ee Total Side Yard 20" 17.4 FT (Same as existing) 2.6 FT (Same as existing) Front Yard ee Rear Yard 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. There are several 1.5 story homes with dormers in the vicinity of the property. No undesirable change in the character of the neighborhood or detriment to nearby properties will occur. 2. Even though no existing setbacks are changing, a variance is still required as the existing side setbacks are legally non-conforming with the current Zoning Code. It is impractical to shift walls/chimneys/steps on the existing structure to conform to current Zoning Code. 3. The request area variance is not substantial. 4. There will be no adverse effect or impact on the environmental conditions in the neighborhood or district. 5. The difficulty is not self-created. ZBA Application - Page 2 of 4 ce 4 Have any previous area variance applications been made? Byes Ono _ Ifso, give date; December 2001 Description of previous variance: Approval of 1.7 to West Side Setback Zoning Code Side Setbacks required 8’ minimum and existing West side was 6.3' (at the chimney). _ Village Code Section(s): Special Permit.Description: Explanation: (can use separate-paper if necessary) Have any previous special permit applications been made? O yes “So If so, give date: Description of previous special permit: 3>>Appeal Village Code Section(s): Descriptiomefadministrative decision or order (include copy): (can use Stparate paper if necessary) _ Date of decision or order: Explanation of reason for appeal: re (can use separate paper if necessary) Village Code Section(s): Description of praposed project or improvement: Explanation/describe request: ZBA Application - Page 3 of 4 Village Code Section(s):_ _ : — Existin2~Use of Property: a a eo Proposed Use.of Property: a No use variance shak_be granted by the ZBA without a showing by the applicant that applicable zoning regulations and restrictions have causedwunecessary hardship. These four criteria must be satisfied: 1. Applicant cannot realize a yeasonable 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 alter the essential character of the neighborhood. 4. Alleged hardship has not been self-created. Provide additional Information for all four factors above: (can use separate paper if necessary) Have any previous use variance applications been made? Oyes Ono _Ifso, give date; ee Description of previous use variance: Answer Questions (1-5): 1. Ihave submitted required number of copies + documentation. Eyes Ono 2. Drawings, elevation plans & surveys have been submitted Byes Ono 3. All required application information has been provided Byes Ono 4. Proof of ownership, if applicable, has been provided Oyes Ono ®NWA 5. Digital files of all documentation have been submitted Myes Ono I certify that the above information is accurate, and J 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 wy h the processing of the application, during construction or performance of the work or within one year after the compfetionof the work. C > Joseph Amow hy ~ C4 12-2-2025 Applicant’s Name (please print) Applic o 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. I request a 2 year variance: O YES pfano 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 ’ go Fee: $ a1 & ): Date paid: __\\ | 20] 7s Rec’d by: wi ZBA Application - Page 4 of 4 . : M Village of Croton-on-Hudson, New York, ROBERT W. ELLIOTT Trustee. S1ONOy Stanley H. Kellerhouse Municipal Building GEORGIANNA K. GRANT iS YO One Van Wyck Street JAMES HARKINS hi Croton-on-Hudson, DT OanIE Winch. “A y iy Ry 6520 Manager-Clerk ; s RICHARD F. HERBE KZ (914) 271-478 1-2 c K SATED FAX (914) 271-2836 Lpaeatalacag es lv eal SEYMOUR M. WALDMAN ‘ Engineer KARY IOANNOU, PE. December 13, 2001 . 271-4783 TO WHOM IT MAY CONCERN: RE: 21 Elmore Avenue Section 79.9 Block 9 Lot 41 Please be advised that on December 12, 2001, the Zoning Board of Appeals granted a 1.7 ft. side-yard variance with respect to an existing one-family dwelling. Very truly yours, ° fs / iS / Janice Fuentes ZBA Secretary ~ ha Village ot Croton-on-Hudson PROXY STATEMENT ‘ Engineering Department 7 oe; Stanley TH Kellerhouse Municipal Building Tel: 914-271-4783, Fax 914-271-3790 Noelle Sirico and John O'Brien is the owner of the property located at 21 Elmore Avenue . Joseph Arnow AIA and has authorized a a a to make the attached application for Noelle Sirico and John O'Brien and to represent them at all Board meetings. Signature of Owner j }