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application 7 pages

Also attached to this agenda item: 49 Van Wyck Site Pics 2025 49 Van Wyck St Draft Resolution 2025 Garage CD Final 06-12-2025

18July 2025 To: Zoning Board of Appeals Engineering Department Village of Croton-on-Hudson One Van Wyck Street Croton-on-Hudson NY 10520 Richard W Duggan Ill 49 Van Wyck Street Croton-on-Hudson NY 10520 512-461-6358 rwduggan@sdcaustin.com Subject: Request for Area Variance for a Second ADU at 49 Van Wyck Street Dear Members of the Zoning Board of Appeals; Description of the Request: I am writing to formally request an area variance to permit a second ADU (Accessory Cottage) on the property located at 49 Van Wyck Street, Section 78.02, Block 5, Lot 28, which is currently zoned RAS. An initial ADU (Accessory Apartment), in accordance with Section 230-41 of the Village code, was approved May 20, 2025. Section 230-41 of the Village Code allows for one ADU. In accordance with local ordinances and in support of the requested ZBA Application, I request that the following be considered: 1) Change in the Character of the Neighborhood The proposed Accessory Cottage will not alter or impact the essential character of the neighborhood or be detrimental to adjacent and nearby properties. In fact, the proposed ADU will not only help to preserve the unique historic character of the village, but it will also increase available housing in a very restrained market. 2) Benefit to Applicant The proposed Accessory Cottage will allow the property owner to provide an additional dwelling unit in an existing structure, which was previously the original carriage house. Without the variance, the property cannot provide this ADU without the construction of an additional structure on the property. The improvement will enhance the property's functionality and value. 3) Substantial Nature of Variance The proposed area variance is not substantial. The requested variance has no impact on the required property setbacks as an ADU in the existing carriage house structure will not alter current distances from property lines. The variance is the minimum necessary to achieve the applicant's reasonable objectives. 4) Impact on Neighborhood Character The proposed improvement is consistent with the scale and character of existing homes in the area. The existing Architectural design of the carriage house complements surrounding properties and will be unchanged from its current condition. As the attached survey demonstrates, the subject property is approximately 0.52 acres in and the location of the second ADU is in an existing structure (prior carriage house from the late 1800's) and does not have any negative coastal or environmental impacts. Further, the subject property has ample off-street parking available to the owner and users (up to 8 total). 5) Hardship has not Been Self-Created The conditions of the property were extant at the time of purchase in June of 2023 and for the 100-plus years prior to that time. The applicant has not created the condition that necessitates the variance. 6) Not Contrary to the Intent of the Zoning Ordinance The requested variance is consistent with the spirit and intent of the Village of Croton Comprehensive Plan by strengthening the local economy, contributing to the local housing supply, and helping to create a diverse tax base. Further, both the previously approved ADU (589 SF) and the requested ADU (600 SF) fall within the area limitations set out in Section 230-41 of the Village Code. The existing house has approximately 6,225 SF. Conclusion The requested area variance meets the statutory criteria for approval. The variance will provide a benefit to the applicant while imposing minimal, if any, detriment to the community. Feasible alternatives do not exist, the variance is not substantial in nature, and it will not adversely impact the neighborhood character. The circumstances necessitating the variance are not self­ created but result from the unique characteristics of the property. The proposed improvement represents reasonable use of the property consistent with the residential character of the neighborhood. Approval of this variance will allow the property owner to make necessary improvements while not impacting the health, safety, and welfare of the community.