The URL can be used to link to this page

Home My WebLink About6597 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Sonthold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 ZBA FILE: 6597 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 18, 2012 R~E.C~IVED 3, 0C'[ 2 g 2012 $outHold lown Clerk NAME OF APPLICANT: Patricia Walker SCTM#1000-52-2-33.1 PROPERTY LOCATION: 1020 Ruch Lane (adj. to Arshamomaque Pond) Southold NY 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: 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 dated September 17, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated September 24, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is 16,565 square feet, of which 14,250 square feet is the buildable area, it is located in the R40 zone district. It is improved with a single family dwelling with attached deck and accessory framed garage with attached carport. It has 90.00 feet of frontage on Ruch Lane, 176.26 feet along the eastern property line, 93.53 feet on Arshamomaque Pond, and 176.64 along the western property line as shown on the survey prepared by John C. Ehlers, LS, dated 10-25-2010. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 21, 2012 Notice of Disapproval based on an application for building permit for addition and alteration to a single family dwelling at: 1) less than the code required total combined side yard setbacks of 25 feet. RELIEF REQUESTED: The applicant requests a variance to construct addition and alteration by attaching the accessory garage to the dwelling creating combined side yard setbacks of 22.2 feet where the code requires 25 feet. ADDITIONAL INFORMATION: The subject pamel received variance relief in a prior decision #6465 dated May 18, 2011 for a single side yard setback of 5.8 feet where the code requires 10 feet. In this current request the applicant is removing the portion of the deck encroaching into the side yard as granted in the prior decision, thus creating a conforming minimum side yard. FINDINGS OF FACT/REASONS FOR BOARD ACTION: Page 2 of 3- October 18, 2012 ZBA File#6597 - Walker CTM: 1000-52-2-33A The Zoning Board of Appeals held a public hearing on this application on October 4, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: l. Town Law §267-b{3)(b)(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 to join an existing accessory structure with an existing adjacent principle structure. The setbacks of the buildings will remain exactly as they have been since the two building were constructed and the removal of an existing deck in the side yard will decrease the degree of non-conformity of the total side yard setback. 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 because both buildings are existing and the only alternative would involve extensive demolition and construction. 3. Town Law §267-bi3)(b)(3). The variance granted herein is not mathematically substantial, representing less than 10% relief from the code. The existing combined setback will actually be improved from 16.6 feet to 22.2 feet because the applicant is removing a portion of the existing deck located in the side yard. 4. 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. As a result of the proposed construction the applicant will be required to comply with the stricter codes concerning water runoff on the property. 5. Town Law .~267-b{3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an enlarged house 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 Dinizio, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for and shown on the Site Plan labeled A-1 and the floor plan labeled A-2 and A- 3 prepared by Frank Uellendahl Architect and dated August 27, 2012. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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, setback$ and other features aa' are expressly addressed in this action, The Board reserves the r~ght to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 3 of 3 October 18,2012 ZBA File#6597 - Walker CTM: 1000-52-2-33.1 Fore of the Board: Ayes: Members Weisman (Chairperson), Dinizio, Schneider, Homing. Absent was. Member Goehringer Thts Resolution was duly adopted (4-0) Leslie Kanes Weisman, Chairperson Approved for filing /tff/ ./-2. /2012