Documents

application 5 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: 81 Cleveland Aerial 81 Cleveland Dr Original House Variance 81 Cleveland Dr Survey with New Shed Location 10.10.24 81 Cleveland Letters of Support 2024 81 Cleveland Site Pics 81 Clevleand Drive DRAFT Resolution 2024

. mE wy Zonliig Board of Appeals Village of Croton-on-Hudson Aspulicagjon (LBA) Engineering Departmen [ - A a Stanley H. Kellerhouse Municipal Building (Form # Eng-§230-160) ’ <a FP One Van Wyck Street S€rs Office eer arom NY 10520-2501 ineering@cro udson-ny.gov (Revised 05 2024) r a Wiad ow Oe Application Date: 4/¢/ BL 4F- Application #: QO HONS U Type of Application: {Area O Special Permit O Appeal CO Interpretation O Use O Fence NYS SEQR (§617) Actions: O TypeI- Submit long EAF and CAF . . sa Type I- 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: Village Board C Planning Board D Other: EE _____—_ Property Information: Section: Block: Lor “YO _ Property Location (street address): Pah vee en 2 Zoning District WRAS ORAS ORA2S ORA4O ORB (2 family) O RC Multiple Residence Limited Office OO-1 oO0-2 Commercial OC! Central 0 C2 General C Gateway overlay Other D LI Light Industrial CO WC Waterfront CO WD Waterfront Development Current Use: pa Family O 2 Family O13 Family Multi Family © Vacant Lot 1 Commercial/Other (description): ——————— $A Appili tion: (if other than owner, supply a letter from the property owner authorizing application) Owner D Tenant CO Contractor/Vendor O Attorney ClEngineer Architect D Other: Last Name: Jewel! First Name: Ka het MI: Company: , Address: 2/7 Llt4[e-d , Lt Address: __ZvPn_on pador MY (2) 20 Phone #: Cell #: gs E-mail: aT: Property Owner: e As Above Last Name: FirstName: —ssSSSSS—S—SCSsSSSSSSSSSSSCS MT: Company: Address; Address; Phone #: Cell #: Email: CCC General Application requirements: I. posi & fees: This completed application plus seven (7) copies (total of 8) plus eight (8) copies of the supporting pane arcs shall be submitted by the applicant, accompanied by the applicable fee. Electronic version (pdf, jpeg, er) 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. . Content ission: icati : plan sho a cawee: Application shall fully set forth the circumstances of the case, accompanied by a proposed includ ing the size and location of the lot, a site plan showing location of all buildings and proposed facilities ing access drives, parking areas, landscaping and streets. Each application shall refer to the specific provision ZBA Application - Page 1 of 4 Pa... 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. 1. Area Variance Village Code Section(s): _ Description of variance requested: 10 x 4 foot shed on side of house (can use separate paper if necessary) Required setbacks: Proposed Setbacks: Variance Requested: Side Yard ay 3.6 1.4 Total Side Yard ; Front Yard [FF ee Rear Yard ee 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: oO “(canuse separate paper ifnecessary) = ZBA Application - Page 2 of 4 Have any previous area variance applications been made? Bes Ono __Ifso, give date: ful A ) Description of previous variance: SY Fines a tte es ae ito ue bt a pond —™ Nneln 1) Wes 2 # NN a cr a ee 2. Special Permit Village Code Section(s): a Special Permit Description: Le Eee Explanation: (can use separate papér if necessary) Have any previous special permit applications been made? Oyes Ono _Ifso, give date: Description of previous special permit: TT eT. TT TTT Village Code Sections: Description of administrative decision or order (include copy): (can usp’ separate paper if necessary) Date of decision or order: Explanation of reason for appeal: (can use separate papgflif necessary) Village Code Section(s): Description of proposed project or improvement: Explanation/describe request: OO ETT ___£_£_£T ZBA Application - Page 3 of 4 a ee ————— ee ] Ge Variances Village Code Sections); existing Use of Property: Proposed UseofProperty:; No use variance shall be granted by the ZBA without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. These four criteria must be4atisfied: 1. Applicant cannot realize a reasonable return, provided that lack of is substantial as demonstrated by competent financial evidence. 2. Alleged hardship relating to the property in question is unique and foes 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: ee nanan OT a i Have any previous use variance applications been made? hes Ono Ifso, give date: 4... __— Description of previous use variance: 1. Ihave submitted required number of copies + documentation. of yes Ono 2. Drawings, elevation plans & surveys have been submitted es Ono 3. All required application information has been provided yes Ono 4. Proof of ownership, if applicable, has been provided Hayes Ono 5. Digital files of all documentation have been submitted V4 yes Ono Icertify that the above information is accurate, and 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 wit esng of the application, during construction 9r perform of the work 6 within one year after the completigty of tha work. chock Serdell 1/3 [ZF Applicant's Name (please ) 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 §230-164(E) for up to a two year period. I request a 2 year variance: i YES O NO $< ———————E—EE FOR VILLAGE USE ONLY: Is lot an existing small lot? O yes Ono Note: If yes, lot area, lot depth and lot width exceptions are granted under Village Zoning Code 230-40G Decision Type: Decision Type: Date: a Date: Oo Approved 0 Approved O Denied iso C Denied Fe:$_ “9 1D. ate paid: _ S)aloy Rec'd ah ZBA Application - Page 4 of 4 RESOLUTION Robert Serrell has applied to the Zoning Board of Appeals of the Village of Croton-on-Hudson, for a variance from Code Section 230-40 C (1) for a proposed fence greater than 30 inches on a corner lot in the sight distance area. The property, at 81 Cleveland Drive, is located in a RA-5 District and is designated on the Tax Maps of the Village as Section 79.09 Block 9 Lot 40. This proposed action is considered a Type II Action under the State Environmental Quality Review Act (SEQRA), therefore, no Negative Declaration is required. A public hearing having been held after due notice, this Board, after reviewing the application and viewing the premises and neighborhood concermed, finds: |. No undesirable change in the character of the neighborhood nor detriment to nearby properties will be produced by the granting of the variance. 2. The benefit sought by the applicant cannot be achieved by a method other than the requested variance. 3. The requested variance is not substantial. 4. The proposed variance with the mitigation of moving the fence along Cleveland Drive provide sight distance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; 5. The difficulty alleged by the applicant was not self-created. NOW, THEREFORE, BE IT RESOLVED, that the variance for a proposed fence greater than 30 inches on a corner lot in the sight distance area is hereby GRANTED subject to the following conditions, and the Zoning Board of Appeals further finds the variance granted herein is the minimum variance necessary and adequate. Motion: Mr. Simon Second: Mr. Olcott Vote: AYES 3 NAYS I Condition(s): 1. That, 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”. 2. That, the variance is granted based on the plans and other documents submitted in support of the application. 3. That, the fence will be in accordance with the Engineering Department’s drawings (Exhibit “A” attached) which shows moving the fence along Cleveland Drive approximately 5’ from the property line to provide sight distance. 4. That, the fence will be scalloped and range from 42-48” in height. Dated: 7/10/2019