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HomeMy WebLinkAbout5652 APPhALS BOARD MEMBERS Ruth D. Oliva. Chairwomai~ Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold. NY l 19714}959 Office Location: Town Annex/First Floor. North Fork Bank 54375 Main Road {at 'l'bungs Avenue} Southold. NY 1197l http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (63D 765-1809 · Fax (631) 765-9064 RECEIVED DAR 17 2005 FINDINGS, DELIBERATIONS AND DETERMINATIOhL __~-I~ ~-'~' ~' ' MEETING OF MARCH 10, 2005 bOU~ll~l~ a~w- ~1'~ Appl. No. 5652 - JON and KATHLEEN MARINO Property Location: 10105 Soundview Avenue, Southold; CTM 54-8-5. 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 property is 10,018 sq. ft. in area with 80.14 feet along the north side of Sound View Avenue in Southold. The property is improved with a one- story, single-family dwelling with wood deck and accessory garage, all as shown on the November 20, 2002 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's December 3, 2004 Notice of Disapproval, citing Section 100-244B, in its denial of a building permit to construct a proposed porch addition and second-story addition, which new construction will be less than 35 feet from the front lot line and which will increase the lot coverage from the maximum permitted 20% to 21%. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 20, 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 applicants wish to construct a porch addition extending seven (7) feet in front of their home at 23'1" at its closest point to the front lot line and seven (7) feet into the westerly side yard. The applicants also wish to construct a second-story addition over the existing first floor of the dwelling, maintaining the existing 30 ft. setback, at its closest point, to the front lot line. The lot coverage originally requested is 21% of the total lot area, inclusive of existing and proposed building area (exclusive of stairs). REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and persona~ inspection, the Board makes the following findings: 1. Grant of the alternative relief will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The alternative relief granted for the front porch will measure 5 feet by 28 feet and 7 ft. x 8 ft. at the side of the dwelling. The 5 ft. porch at the front ~Page 2 - March 10, 2005 ZB Ref. 5652 - J. and K. Madrid CTM ID: 54-8-5 of the house will run parallel with the front property line with a setback at 25 ft. 1 in. at its closest point to the front line at Sound View Avenue. The alternative relief is consistent with other homes in the neighborhood, some with a front porch. The alternative relief will increase the front setback to become more conforming, and will bring the lot coverage more into conformity with the code requirement. The porch, as alternatively granted, will have no adverse effects on the surrounding properties and will enhance the appearance of the residence. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The code requires a 35-foot front yard minimum setback for new construction, and without a variance the applicant would not be able to construct a front porch. Because the measurement is 49 feet from the actual road due to the utility easement, the porch will appear more conforming. 3. The requested area variance is substantial and represents a 30% reduction in the current 35 ft. minimum code requirement. 4. The difficulty has been self-created when the applicant designed an extension to increase the degree of the existing 30.1 ft. front yard nonconforming setback. 5. No evidence has been submitted to suggest that the alternative relief wil~ have an adverse impact on the physical or environmental condition in the neighborhood. 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 Odando, seconded by Member Goehringer, and duly carried, to DENY the setback variance for the porch extension as applied, and to GRANT alternative relief for a reduced porch extending five (5) feet from the front side of the dwelling, instead of seven (7) feet, 28 feet long, at a distance 25'1" from the front lot line, of a design similar to that shown on the schematic diagram hand-drawn by Jori Madrid dated 10/1/04, and to GRANT the setback variance for the second-story addition over the existing first floor area maintaining the existing setback, as shown on the applicant's schematic diagram and shown on the site map (sketched-in survey originally prepared by Peconic Surveyors, P.C. dated November 20, 2002, amended April 30, 2003). 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 Simon. Member Dinizio. This Resolution wa~opt~ ?t~f~. ~.~c~ Ruth D. Oliva, Ch~-rwoman 3/ /05 Approved for Filing Nay: N/O/F' MONROE FINK, JOHN ,J. PARKS &; MARO~RET M. .PARKS S4.2"10'2~0'E I~ ~ ~ ~1~ ~ 133.56 N/O,/'F MARY CATHERINE &: LLOYD H. CLARK LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 20, 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, JANUARY 20, 2005: 9:35 AM JON and KATHLEEN MARINO #5652. Request for a Variance under Section 100-244, based on the Building Department's December 3, 2004 Notice of Disapproval concerning a proposed porch and second-story addition at less than 35 feet from the front lot line, and lot coverage exceeding 2003.60 sq. ft. (20% of 10,018 sq. ft. lot size). Location of Property: 10105 Soundview Avenue, Southold; CTM 54-8-5. 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: January 4, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 T. OWN O[ SOUrUO BULLDOG DEPARTMENT SOl ?FHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Jon & Kathleen Marino 20 Tulip Street Nesconset, NY 11767 DATE: December 3. 2004 Please take notice that your application dated December 2, 2004 For permit to construct a porch & second story addition to an existing single family dwelling at Location of property: 10105 Soandview Avenue, Southold County Tax Map No. 1000 - Section 5~4 Block8 Lot_5 Is returned herewith and disapproved on the following gounds: The proposed construction, on a property measuring 10,018 Sq. Ft., in an R40 District, is not pennitted pursuant to Article XXIV Section 100-244, which states, "This section is intended to provide nfinimum standards for eranting of a building permit for the principal buildings of lots which are recognized by the town under 100-24, are nonconforming and have not merged pursuant to 100-25." The required front yard setback for this 10,018 sq. ft. lot is 35' feet. The survey indicates a front ¥'ard setback of 23.l'fl. In addition, the allowable lot coverage is 20%. Total lot coverage following the proposed construction is 2 l°,i). Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Tmvn Building Department. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Parcel Location: House No./0/03 Street ~'Oc6vDY-/~b//~/~'~ Hamlet SCTM 1000 Section ff~ Block0~ Lot(s) 0~ Lot Size I otg Zo.~ District I ~) APPEAL THE $~EN DETE~INATION OF THE BUILDING INSPECTOR DATED: Applicant/Owner(s): ~ + ~ ~ M~lhg Telephone: Authorized Representative: Address: Telephone: Please specify who you wish correspondence tO be mailed to, from the above listed nam.es: }il'Applicant/Owner(s) {3 Authorized Representative [3 Other: SVItEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~J~ulidlng Permit. U Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built C. onstruction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. ?.tio. 100- S.bsection Type of,~j)peal. An Appeal is made for: ,,~A Variance to the Zoning Code or Zoning blap. [3 A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code~ Article Section [] Reversal or Other A prior appeal [] has,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): (:1) An undesirable change will not be produced in the CHARACTER of the, neighborhood or detriment fo nearby p~,opertles, If granted, because: /'~ h0m (2) The benefit sought by the applicant CANNOT be achieved by some method feasible ~or appticant to pursue, o~er than an area vmlance, because: ~ 3) The amount of re,et requested is nol substan.al because: T~ (4) The variance will NOT have an adverse effect or Impact on the physical or"envlronmenlal conditions in the neighborhood or dlsfrtct because: {5) Has the valance been seff-created? { ) Yes, or ~ No. If not, is th~ cons~cflon exlsflng, asbuilt? ~ ) Yes, or ( )No. ~ des~d (6) Additional Information about the su~oundlng topography and building areas that relate the dlfficul~ In meeting the code requirements: (affach extra sheet as needed) This 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 of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE~ STANDARDS. (Please consult your attorney.) Othel~fl~e, ~le~ase proceed to the sl.qnafure and no fa ry area be Ip w. ~~/~ r/~Sign)~re ~f' ~pp~'lla ~fj?or' A~u/ih-orlzed '~gent ~:...............~enf must submit J~thorlzaflon trom Owner) © Page 3 of 3 - Appeal Application For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult yo~Jr attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations fo~ the particular district where the property Is located, demonslrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (descflbe on a separate sheet). 2. The alleged hardship relating to the property Is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: ~ 4, The request will not alter the essential character of the neighborhood because: The alleged hardship has not been selF-created because: 6. This Is the minimum relief necessary, w. hlle at the same time preserving and protecting the character o! the neighborhood, and the health, safety and welfare of the communily. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial Justice will be done because: (Please expJatn on a separaFe sheet iF necessary,) ( ) Check this box and complete PART A, Questions on previous page fo apply ARE,~ VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed fo the slanature and notary area below. Sworn fo before me this day of .................... 200_. Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) (Notary Public) z~, ~pe ~o~o~ PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): II. If building is existing and alterations/additions/renovations are proposed.' A. Please give the dimensions and ov6rall square footage of extensions beyond existing building: Dimensions/size: + 7 zoO× [z 7 B. Please give the ~memm~ ~a squ~e Iootage et new proposes fo~aatton areas which do extend beyond ~e existing buil~g: Sqmre footage:. If land is vacant' ~ [ Please give dimensions and overall square footage of new construction: Dimension/size: Square footage:_ Heigh!: Propose and use of new construction requested in this application: 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 corners o f the proposed new construction. 7/02 Please 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 (765-1302) or 4ppeala' Department (765-I,ri09) if you are not sure. Thank you, iiil