Documents › Zoning Board of Appeals, 2026-03-17

application 4 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: 59 Sunset Drive - Zoning Drawings -- 2-23-2026

a § Zoning Board of Appeals Village of Croton-on-Hudson RE tion (ZBA ope, Sen hell sige # Eng-§230-160) Stanley H. Kellerhouse M 1 Buildi One Van Wyck Sheet. —T FEB 2 4 2026 Croton-on-Hudson, NY 10520-2501 E ; Tel: 914-271-4783 . Se ae voecabaat artes ngineers Office (Revised 05 2024) Application Date: 2/23/2026 Application #: ol lo (Th +A Type of Application: Area OSpecial Permit 0 Appeal O Interpretation O Use O Fence NYS SEOR (§617) Actions: O Typel- Submit long EAF and CAF f@ Typell- 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 D Planning Board 0 Other: Property Information: Section: 798 Block: 3 __ Lot: Lines Property Location (street address): 59 Sunset Drive Zoning District lm RAS ORA9 QORA25 ORA40- ORB (2 family) O RC Multiple Residence Limited Office OO-1 oO 0-2 Commercial OC! Central 0 C2 General 0 Gateway overlay Other O LI Light Industrial OC WC Waterfront 0 WD Waterfront Development Current Use: & | Family O 2 Family 0 3 Family O Multi Family © Vacant Lot O Commercial/Other (description): Applicant Information: (if other than owner, supply a letter from the property owner authorizing application) 0 Owner O Tenant O Contractor/Vendor D Attorney OEngineer G& Architect OD Other: Last Name: A™ow First Name: Joseph MI: Company: /9seph Amow AIA, Architect Address: 12 Glengary Road, Croton-on-Hudson, NY 10520 Address: __ = hore: cl: =z — Property Owner: 0 Same As Above Last Name: Kom First Name: Meredith MI: Company: =— Address: 59 Sunset Drive, Croton-on-Hudson, NY 10520 Phone #: = cl: = E-mail: =e 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 Please note the application fee is non-refundable even in the event the application is withdrawn. 2.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 a . 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): 2° ba - Description of variance requested: The original building was built in 1929 and predates the Village Zoning Code. It was located in District C which is now RA-5. Per the latest survey from 2021, the existing West Side Setback (5.7'), Total Side Setbacks (16.7') and Lot Width (45') are not in conformance with the current Zoning Code. The current building is 2.5 stories, and the applicant proposes a 2.5 story rear addition that would maintain the existing 5.7' West Side Setback and 11.0' East Side Setback. There would be no changes to existing setbacks. (can use separate paper if necessary) Required setbacks: Proposed Setbacks: Variance Requested: Side Yard 8 5.7 FT (Same as existing) 2.3 FT (Same as existing) Total Side Yard 2 SOS “7 FT Gone a sing) 3951 Gane eng) Front Yard - Rear Yard ween Lot Width 50° 45.0 FT (Same as existing) 5.0 FT (Same as existing) 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 2.5 story homes in the vicinity of the property. The addition will be in the rear of the building and will not be seen from the street. 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 setbacks and lot width are legally non-conforming with the 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 ¥ Have any previous area variance applications been made? Byes Ono _Ifso, give date: Apri 10. 2013 Description of previous variance: 59 Sunset was a 2 lot property which included the existing house under this application and a Vacant Lot, which was the subject of the April 10, 2013 Variance Application. A Lot Width Variance was approved for 2 new house on the Vacant Lot which was then named 7 Sunset Drive. i a - ; Village Code Section(s): Special Petit Description: : Explanation: nn (canuse separa paper ifnecessary) = i sti (itsi‘—<i<CSstw;” Have any previous special permit applications been made? Oyes ~“Byo If so, give date: | : Description of previous special permit: 3>Appeall Village Code Section(s): DescriptioirefLadministrative decision or order (include copy): oe (can use Separate paper if necessary) 7 Date of decision or order: _ ; ; Explanation of reason for appeal: (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 j m Village Code Section(s): a us Existin--Use of Property: a — Proposed USs.of Property: ee Z —_ _ No use variance shaibe granted by the ZBA without a showing by the applicant that applicable zoning regulations and restrictions have caused-ugnecessary hardship. These four criteria must be satisfied: 1. Applicant cannot realize a reasonable 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) (as 5 Have any previous use variance applications been made? Oyes Ono Ifso, give date Description of previous use variance: Answer Questions (1-5): 1. [have submitted required number of copies + documentation. yes Ono 2. Drawings, elevation plans & surveys have been submitted yes Ono 3. All required application information has been provided Klyes Ono 4. Proof of ownership, if applicable, has been provided Oyes Ono SNA 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 wi 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 Sh ~ s, 2/23/2026 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: 0 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: DO Approved 0 Approved 0) Denied “oo O Denied Fee: $ ie ke) Date paid: alau|ate -\ia CC Rec’dby:_ Sl, ZBA Application - Page 4 of 4