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HomeMy WebLinkAbout5719 APP'EALS BOARD MEMBERS Ruth D. Oliva. Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio. Jr. Michael A. Simon Southold To'~ n Hall 53095 Main Road · P.O. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex/First Floor. North Fork Bank 54375 Main Road lat Young~, Avenuel Southold. NY 11971 http://sout holdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631} 765-1809 · Fax (631) 765-9064 ZBA Ret. Fa~t'~'- SUSAN MACKENZIE Property Location: 675 Hiawathas Path, Southold; R~CEIVED JUN 2 7 2005 FINDINGS, DELIBERATIONS AND DETERMINATION ~l~. ~ MEETING OF JUNE 9, 2005 $out~"o~d Tewn CTM 78-3-51.1 Request for a Variance under Section 100-30A.3, based on the Building Department's February 23, 2005 Notice of Disapproval, concerning a proposed front addition (porch) to the dwelling which will be less than the code required 50 feet from the front lot line, at SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 40,499 sq. ft. parcel has 136.37 feet along Hiawathas Path and is improved with a two-story, single-family residence with deck, accessory shed and accessory swimming pool, as shown on the June 30, 2003 survey prepared by Stanley J. Isaksen, Jr. BASIS OF APPLICATION: Building Department's February 23, 2005 Notice of Disapproval, citing Section 100-30A.3 in its denial of an application for a building permit to construct proposed additions, for the reason that the code requires a minimum front yard setback of 50 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 2, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a new 9' wide by 6' covered entry at the front of her home, reducing the existing front setback from 50.4 feet to 44'6" to the columns at the floor of the entry. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant proposes a 6' x 9' covered porch Page 2 - I~Iay 12, 2005 ZB Re£ CTM ID: with a setback at 44'6" from the front lot line adjacent ot Hiawathas Path. The home is conforming with a setback of 50.4 feet, and the addition at the front is necessary for a covered entrance for the home. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The home meets the 50 ft. minimum front yard setback of the code, and any expansion south towards the street will require some relief. The applicant's request is not unreasonable. 3. The variance granted herein is not substantial. The code requires a m~nimum 50 ft. front yard setback, and the front entry will be a reduction of 5.5 feet, resulting in a 44.5 ft. setback for a width of 9 feet. 4. The difficulty has not been self-created and is related to the location of the home presently at 50 feet from the front lot line and without a covered front entry. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a front porch, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the site and elevation map prepared 12/21/04 by DA Architecture. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, and Dinizio. (Member Simon was absent. This Resolutio. o.~,as duly adopted (4-0). Ruth D. Oliva, Chairwoman 6L~z//05 Approved for Filing % N F HAPDIN~] / N 84'21'00"E N/F sIERRA 0 c ~ © ONC CONC MON. pOLE 20.8" FRAME 8.2' sHED pOLE cONC WALK roOD OECK w/RAILING sTEPS o wALK DECK N../F SIERRA FOUND HIAWATHA'S PATH TM# 1000-0~8-05-51.1 C, UAPANTEED TO: I-~'~~ SUSAN M MACKENZIE WASH,NGTON MUTUAL [~ANK, .:~ t ~J~5 I ~~ ~ F,~,ilii~Jii)] PROPERTY SITUATE SOUTHOLD, TOWN OF SOUTHOLD SUFFOLK COUNt, ~.~. SURVEYED: 30 JUNE 2003 SCALE 1"= 40' AREA = 40,499.51 S.F OP 0.93 ACRES SURVEYED FOR: SUSAN M. MACKENZIE SURVF'YF'D BY STANLF'Y d. ISAKSF'N, JF'. P.O. BOX 29'~ LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 2, 2005 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JUNE 2, 2005: 10:55 a.m. SUSAN MACKENZIE #5619. Request for a Variance under Section 100-30A.3, based on the Building Department's February 23, 2005 Notice of Disapproval, concerning a proposed front addition (porch) to the dwelling which will be less than the code required 50 feet from the front lot line, at 675 Hiawathas Path, Southold; CTM 78-3-51.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: May 10, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD N Y NOTICE OF DISAPPROVAL DATE: February ,.:, 2005 TO: Susan McKenzie PO Box 1940 Southold, Nh' 11971 Please take notice that }'our application dated February 11, 2005 For permit to construct additions and alterations to an existin~ single family dwelling at Location of property 675 Hiawathas Path, Southold County Tax Map No. 1000 - Section 7_~8 Block3 Lot 51. I Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 40,499 square foot parcel, in the Residential R-40 District, is not pen'nitted pursuant to Article IIIA, Section 100-30A.3., which states, "No building or premises shall be used and no buildina or part thereof shall be erected or altered in the Low-Densit,/Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full." Bulk schedule requires a minimum fi'ont yard setback of 50 feet. Following the proposed addition, the dwellin~ will have a front yard setback of+/- 44.6 feet. Aut~ o/d'z e d, fi.qi'~m at u r e .. Note to Applicant: An)' change or deviation to the above referenced--applicator., ,,,~-~ further review by the Southold Town Building Department. CC: file, Z.B.A. SCTM 1000 Section Block 0,) Lot(s) ~1, [_Lot Size c ~L~{ Zone E'i~tri,:l I (WE) APPEAL TH]~ WRITTEN DETERMINATION OF THE BUILDING INSPECTOR Authorized Representative: Address: Telephone: ~/~; Please specify who you wish correspondence ti} be mailed to, from th~ above listed nam.es: ~i(Applicant/Owner(s) ~ Authorized Representative D Other: '~VI-IEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~ / C~ / FOR: ~..Buiidlng ~emlt U Certificate of Occupancy I~ Pre-Certificate of Occupancy {3 Change of Use El Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Su~sectit, n and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article_ ill A Section 100- 36/~ Subsectioo ~ Type of Appeal. An Appeal is made for: '~"A Variance to the Zoning Code or Zoning Map. {3 A Variance due to lack of access required by New York Town Law--Section 280-A. ~ Interpretation of the Town Code, Article Section ~3 Reversal or Other A prior appeal {3 has {3 has not been made with respect to this property UNDER .Appeal No, Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (i) An undesirable change wm not be produced In the CHARACTER ol the neighborhood or a deMment to nearby properties. It granted, because: .-+-~_ 5e'~- ~c<~.~ Go ~ (2) The benefit sought by the applicant CANNOT be achieved by some method feasible tot applicant to pursue, other than an area variance, because: Ccx~ ~OT ,'~o~ (3) The amount ol rellef requested ls not substanfial because: ~ T ~ L.~ -~T~t~ ~'~X'.-~ (4) The variance will NOT have an adverse effecl or Impact on the physical or?environmental condiflons in the nelghborhood or dlstflct because: Cucc~c~v .~-,¢.<~ {~/~, (5) Has the variance been self-created? ( ) Yes, or ( ~'~ No. It not, is the construction existing, as built? ( ) Yes, or (~ No. (6) Additional information about the surrounding topography and building areas that relate the difficulty In meeting the code requirements: (attach extra sheet as needed) I~ ~, ~hls is the MINIMUM that Is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare o! the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE ~TANDARDS. (Please consult your afforney.)~Ofherwlse, please proceed to the siqnature Slgna~re of AppeJlant ~r AuthOrized A~enf Sworn to be~ me this ~ (Agent must submit ~thorlza~on from Owner) dov :00_. 7~- ~-~ ~BA App Page 3 at 3 - Appeal Application REASONS USE VAefANCE r reauestem:/ For Each and Every Permitted Use under the Zoning Regulations for the Particular Dlslrlct Where the Project is Located {please consult yo'ur affomey before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under ihe zoning regulations fo~ the particular district where the properly Is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply fo a su~sfanllal portion o! the district or neighborhood because: .// 4, The request will not alter the essential character of the nelghborhood because: 5. The alleged hardshlp has not been self-created because: 6. This Is the minimum relier necessary, while, at the same lime preserving and protecting the character of the neighborhood, and the health, safely and welfare al' the community. (:Please explain on a separate sheet it necessary.) 7. The spirit at the ordinance will be observed, public satety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheel il necessary.) ( ) Check this box and complete PART A, Questions on previous page fo apply AREA VARIANCE STANDARDS, (Please consult your attorney.) Ofherwlser please proce.e,.d to the slanafure and notary cffea below. Sworn fo before me this day o! .................... 200_. Signature of Appellant or Authorized Agent (Agent must submit Authorization kom Owner) (Notary Public) Applicant(s): PROJECT DESCRIPTION (Please include with Z.B.A. Applicatioa) [. If building is existing and aiterations/additions/ranovations are proposed.- 0~o :te.,qV Pc>,"e.~ A. Please give the dimensions and ov6rall square footage of extensions beyond existing building: Dimensions/size: ~, t. ,~ ~' ,3 '- 0 Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing b,uilding: DimensionS/size: ~ - O ~. /~'- O Square footage:. If land is vacant: Ix/I ~. Please give dimensions and overall square footage of new construction: Dimension/size: Square ~otage:. I-Ieigl~/ III. Pm-lJOSe and use of new construction r~uostexi in this application: q'~c>:~c.}x uq ,x'-~ ~v¢¢ I~. IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. 7/02 Plea*e note: Further changes,, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-I802) or Appeals Department (765-1809) if you are not sure. Thank you. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subj0ot pr~mises listed on the real estat~ mark~ for sale7 [] Yes ~f'No Ar~ there any proposals to change or alter land contours? 1 ) Are there any ate,as that contain wetland graSSes? ND 2) Ar~ the wetland areas shown on the map submitted with this application? ~ t ,~ 3) ls the property bulk headed between the wetlands area and the upland building area? 4) If your prol~rty contains wetlands or pond areas, have you contacted the offiea of the Town Trustees for its d~rmination of jurisdiction? N I -~'' Is them a d~ression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ra I ~' 0fnot applicable, state 'Wa".) Are them any patios, conor~s barriers, bulkheads or f~ccs th~ exist ~d ~e not s~ on ~o m~y ~p ~t you ~o sub~? ~ o~ ~ ~ none e~ pl~e Do you have any construction taking p~aco at this time concerning your pr~mises ? NO If yes, please submit a copy of your building l~rmit and map as approved by the Building Department. Ifnoue, please state. Do you or any eo-ownes also own other land close to this parcel? ~ O where or submit copies of deeds. yes, please explain Please list present use or oporatio~ conducted at this parcel and proposed use O.e Authorized S~gnature and Date I (~ ' TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. Tho oumose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Cheek all that apply.) Tax Grievance Variance ~ Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activil~y: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the-~Town of Southold? "l~elationship" in¢lud~ by blood, marriage, or business interest. "Busip/ess interest" means a business, including a partnership, in which tho Town officer or/omploy~ has oven a partial ownership of (or employment by) a corporation in which the -,~wn officer or employee owns moro than 5% of tho shares. If you answered "YES", complete the balanc~ of this form and date and sign where indicated. Name of person employecl by the Town of Southold: Title or position of that person: Describe that relationship between yourseff (the applicanO and the Town officer or employee. Either cheek the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant ia a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Subraittedthjs o~C~day0f ~f~ik