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HomeMy WebLinkAbout6327Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 )ou~i,,~.~: : ~;:Jerl, FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 12, 2009 ZBA # 6327 - JON and JENNIFER SHIPMAN Property Location: 4745 Elijah's Lane, Mattituck; CTM 1000-100-4-11. 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 further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE REERRAL FOR LOCAL DETERMINATION: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: This parcel is nonconforming with a size of +/- 43,500 square feet, and improved with a 1700+ square foot, one-story single family dwelling. The 60.4 foot [length] x 28 foot [width] building is currently 50.2 feet from the front lot line along Elijah's Lane. BASIS OF APPLICATION: Request for a Variance under Section 280-124 based on the Building Inspector's June 17, 2009 Notice of Disapproval concerning a front porch addition onto the applicants' existing single-family dwelling. The applicant's building permit application was disapproved under Town Code Article ×XIII Section 280-124 which requires that lots measuring between 40,000 and 59,999 square feet shall have a minimum front yard setback of 50 feet. The porch addition, after the completion of construction, would have a front yard setback of 42.2 feet. LWRP/EXEMPT: This application is exempt from review under Town Code LWRP Chapter 268/ FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 29, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Page 2 - November 12, 2009 6327 - JON and JENNIFER SHIPMAN Property Location: 4745 Elijah's Lane, Mattituck CTM 1000-100-4-11 Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants request an area variance in order to construct a front porch to their single family dwelling. Based upon information provided on the applicant's site plan drawn by MCH Design Services, and dated June 2, 2009, the porch is proposed with 29.1 feet in length and an 8 foot depth across the front yard. The proposed new setback would be 42.2 feet from the front property line along Elijah's Lane. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The single family dwelling on this property was built in 1979. The building is located in a sparsely settled area of an Agricultural District. There are no buildings visible in either direction, located on the farm land directly across the road from the applicant. The applicant's rear yard is adjacent to open farm land. The applicant has two neighbors located directly north along Elijah's Lane, and one neighbor located to the south. No opposition to.the applicant's proposed front porch has been expressed to this Board by any of the neighbors. 2. Town Law §267-b(3)(b)(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 dwelling presently has a front yard setback of 50 feet, and therefore the applicant can not physically add a front porch with securing a variance. 3. Town Law §267-b(3)(b)(3). The variance requested herein is not substantial. The approximate 16% reduction in the front yard setback from 50.2 feet to 42.2 feet as requested by!the applicant, in order to have a porch, is deemed by this Board to be not substantial enough to deny the application. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self created. The single- family dwelling on this property was built under Building Permit #10270-Z issued June 19, 1979. The applicant bought the property in April 2009. 5. Town Law §267-b(3)(b)(4). 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 relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a front porch at less than the code-required setback, 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 VVeisman, seconded by Chairman Goehringer, and duly carried, to Page 3 - November 12, 2009 6327 - JON and JENNIFER SHIPMAN Property Location: 4745 Elijah's Lane, Mattituck CTM 1000-100-4-11 GRANT the variance as applied for, and as a based upon the site plan map dated June 2, 2009. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. 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. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehrin~l'~"~Ve~ma,q~ and Schneider. Member Horning was absent. This Re~s d,~o'~ (.~,)~~_~ /~'er~'l5. Goehringer, Chairman // ~..~l~roved for Filing 11//[/2009'