Documents

application 6 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: 17 Mt. Green Supporting Docs Survey Site Pics

Zoning Board of Appeals Village of Croton-on-Hudson R E| VE pplica tion (ZBA) Engineering Department . . Stanley H. Kellerhouse Municipal Building 0 5 (Form # Eng §230 160) 94 Van Wyck Street 2024 Croton-on-Hudson, NY 10520-2501 Engin Tel 914-271-4783 ys , engineering @crotononhudson-ny gov rs Office (Revised 05 2024) Application Date: \\iSIQ Application #: GOOG OS8 S Type of Application: Area OSpecial Permit & Appeal OQ Interpretation O Use O Fence NYS SEOR (§617) Actions: O Typel- Submit long EAF and CAF O Type ll- 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: O Village Board 0 Planning Board O Other: Property Information: Section: Map 67.20 Block: 1 Lot: 4 (and 5) Property Location (street address): 17 Mount Green Road Zoning District O RAS ORA9 ORA25 MRA40 ORB (2 family) O RC Multiple Residence Limited Office OO-! 00-2 Commercial OC! Central 0 C2 General O Gateway overlay Other O LI Light Industrial 0 WC Waterfront O WD Waterfront Development Current Use: m1] Family O 2 Family O 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) fm Owner OD Tenant 0 Contractor/Vendor D Attorney 0 Engineer O Architect D Other: Last Name: Lee and Oppenheim First Name: Shelley and Daniel MI: Company: Address: +7 Mount Green Road Phone 1: cl): = (ni Property Owner: 3 Same As Above Last Name: First Name: MI: Company: Phone #: Cell #: E-mail: 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 Please note the application fee is non-refundable even in the event the application is withdrawn. 2.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 r 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. 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 afler 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): 230-40-Ata Description of variance requested: Reason: certifying our existing 2 story Garage, built around 1983 please see additional document with full description: zba_AraVariance_Delails 47MountGreen (can use separate paper if necessary) 7 Required setbacks: Proposed Setbacks: —sSsVariance Requested: Side Yard ss ; = a Total Side Yard a a ee Front Yard Rear Yard Height 15 feet 22.5" 7.5" 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: |. 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: please see above additional document with detailed explanation for each question. (can use separate paper if necessary) ZBA Application - Page 2 of 4 oa Have any previous area variance applications been made? Oyes no _Ifso, give date: _ Description of previous variance: Village Code Section(s): a Special Permit Description: Explanation: ; (can use separate paper if necessary) Have any previous special permit applications been made? Oyes Ono Ifso, give date: Description of previous special permit: Village Code Section(s): — a A ELE Description of administrative decision or order (include copy): (can use separate paper if necessary) Date of decision or order: Explanation of reason for appeal: (can use separate paper if necessary) 4. Interpretatio Village Code Section(s): Description of proposed project or improvement: Explanation/describe request: ZBA Application - Page 3 of 4 a Is. Use Variances Village Code Seetion(s): I visting Use of Property: Proposed Use of Property: No use variance shall be granted by the ZBA without a showing by the applicant that applicable voning 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 substantial as demonstrated by competent fnaneial evidence. >, Alleged hardship relating to the property in question is unique and does not apply to a substantial portion ef the district or neighborhood. ¥ Requested use variance, if granted. will not alier the essential character of the neighborhood, +. Alleged hardship has not been self-created, Provide additional Information for all four factors above: foun use separe paper i necessary } Have any previous use variance applications been made? Oves Ono Ifso, give date: Description oF previous use variance: Answer Questions (1-5): ; |. Lhave submitted required number of copies * documentation. aves Ono 2. Drawings. clevation plans & surveys have been submitted Myes Ono 3. Alb required application information has been provided Uves Ono 1 Proofot ownership. ifapplicable. has heen provided Wyes Ono \. Digital files ofall documentation have been submitied Mes Ono Tcertity that the above information is accurate, and Lan the property owner or authorized by the owner to file this application on their behalfand that | will indemnity and hold the Village harmless against any damage or injury that may be caused by or arise oul of any entry onto the property in connection with the processing of the application. during construction or performance of the work or within one vear afier the completion of the work. ’ aN Dani Oppenhem \ [a 11/5/2024 pel kl Oe ap Coed Bees LA —— Rs da \pplicant's Name (please print) PPhicant'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 fram §230-164(E) for up to a two year period. | T request a 2 year variance: O YES 01 NO | FORSHALAGE USE ONLY: Is Jotan existing small lor? Oves Cie Vote Wyes. tot area, lot depth and fot width exceptions are granted under Villave Zoning Code 230-10Ci Decision Type: Decision Type: Date: Date: OQ Approved O Approved QO) Denied o> OD Denied Fee: S ¥y IS. 7 Date paid: \y sly Reed by: off 7BA Application - Page 4 of 4 Tuesday, November 5, 2024 Detailed Information: Area Variance for existing Garage, 17 Mount Green Road Daniel Oppenheim and Shelley Lee. Description of variance requested: Reason: certifying our existing 1.5 story Garage, built around 1983 We purchased 17 Mount Green in 2000. Beside the main house there was a separate 2 story garage, identical in style. The house was built in 1927. The village has no records of our current garage. | believe that in 1983 a previous owner purchased lot 5 and added it to his lot 4, making it a larger single property. He then considerable additional work on the overall property, including the construction of the swimming pool (in new lot 5). My guess is that the current Garage was constructed then. The current garage was carefully designed to resemble the unique style of the main home — please see appended 7 images. We are asking ZBA to approve the garage so it can be added to the village records. This will allow us to get permits should we decide to renovate. We will also not be able to sell the house without this certification. Response to 5 points considered by the ZBA 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties; No. The Garage has been there for at least 40 years. It matches the design and aesthetics of the main house constructed in 1927. Nobody outside the property can see the garage (or even the main house), as the property is elevated from Mount Green Road. As | lived in 20 Mount-Green between about 1995- 2000, directly opposite our 17, | can personally attest to the 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; No. We would like to keep the Garage — it is an integral and important part of our property. 3. Whether the requested area variance is substantial; No. We believe the variance is extremely minor and has no significance. The garage is only 7.5” higher than current regulations. 4. Whether the proposed variance will have an adverse effect or impact on the physical or No. The garage has been there for at least 40 years without causing any adverse impact on the environment, neighborhood, or district. Nothing will change. 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. No. We bought the property with the Garage in 2000. This omission is not our doing and we were completely unaware of it until now. Enclosed please find 2 additional documents: 1. Survey_17_MountGreen.pdf. A 2015 survey clearly showing the home and garage. 2. Garage_Images_17_MountGreen.pdf. 7 images of the garage and home clearly illustrate the architectural uniqueness and similarity of both main house and garage.