Documents › Zoning Board of Appeals, 2022-07-13

application 7 pages

Also attached to this agenda item: 44 Park Trail - ZBA Plans Complete Set- 6.22.22 . 5 pg

100 Benedict Boulevard, Croton-on-Hudson, NY 10520 914.980.5345 | fax 914.271.5925 | julie@evansarchitecture.com | www.evansarchitecture.com APPEAL FOR VARIANCE FROM REAR LOT SETBACK REQUIREMENTS 44 PARK TRAIL (SEC. 68.13, BLOCK 3, LOT 14) Date: June 22, 2022 To: Zoning Board of Appeals, Village of Croton-on-Hudson From: Michelle Franks & John Neill Michelle Franks and John Neill (Section 68.13, Block 3, Lot 14), request a variance for rear yard setback yard requirements of the Village of Croton-on-Hudson Zoning Law. It is the applicants’ intention to construct a single story “pocket home office” over a rarely used portion of their existing deck. The office will project 1’-6” beyond the existing deck to 8’-0” to be furnishable and functional. The rear corners of the existing home as well as corners of the existing decks are existing non-conforming: projecting beyond the 30’ required rear yard setback for the R-25 zone. ZBA considerations: 1. Negative Impacts to neighborhood-character-neighboring properties? The proposed addition will have, at most, a minimal impact on the neighboring dwellings. As the photographs show, the rear portion of the subject home and deck area are not visible from the street. The rear of the home is heavily screened by existing trees, and hardly visible from its neighbor to the south at 42 Park Trail. It faces the driveway but not the active portions of 42 Park Trail, such as decks or patios. 2. Reasonable Methods to Extend the Dwelling? The applicants do not have another reasonable method for achieving additional space in the dwelling without an addition and an area variance. There is no other practical way to add on to the home without disrupting the recently renovated porch, living, dining, and kitchen spaces and their windows and rooflines to the front, and the area over the large side deck is too close to the existing septic field, and would also disrupt the living room and its windows. 3. Substantial Area Variance? The corner of the new room will be 22.06’ from the rear property line, requiring a variance of 7.94’ from the 30’ rear yard requirement. In context, the existing deck corner is 20.77 from the rear line, other portions of the deck are 19.12’ from the rear line, and the corner of the house is 25.3’ from the rear line. Building a single-story room over the deck extends the non-conformity by a modest amount, in this context. Thus, this is not a Substantial variance. 4. Adverse environmental effects to district? The addition will have no adverse environmental effects. The footprint of the addition will cover the existing deck, and will be built on piers, rather than a full foundation. NO trees will be removed. The new construction will add 25 s.f. of building coverage beyond the deck. Thus, there will be minimal site disturbance to the immediate property, no negative impacts to the district. 5. Self created difficulty? Yes, in that the homeowners desire a home office. Conclusion The proposed addition, which would increase the area of the dwelling by 144 sq. ft., will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. We appreciate the consideration of this appeal by the Zoning Board of Appeals and will be glad to provide any explanation or additional material requested by the Zoning Board of Appeal on this application. PROXY STATEMENT Michelle Franks and John Neill are the owners of a residential property located at 44 Park Trail, Croton on Hudson, NY, and has authorized Julie D. Evans, AIA, to make applications for and represent them at all Zoning Board of Appeals meetings pertaining to the addition-alteration of a deck into a finished room at the above address. _____________________________________________ ___June 21, 2022__ Signature of Owner Date