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Home My WebLink About6714 Office Location: $Q~ryolo Mailing Address: Town Annex /First Floor, Capital One Bank 53095 Main Road 54375 Main Road (at Youngs Avenue) * P.O. Box 1179 Southold, NY 11971 5 p Southold, NY 11971-0959 i oI~COUmv,~ RECEIVED http://southoldtown.northfork.net /(;0 O *-Ik BOARD OF APPEALS F E B 1 0 -14 TOWN OF SOUTHOLD Southold Town Clerk Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 23, 2014 ZBA FILE: # 6714 NAME OF APPLICANT: Mladen Bay PROPERTY LOCATION: 475 Hill Road (adj. to Jockey Creek), Southold, NY SCTM # 1000-70-4-30 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type B 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 December 30, 2013 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 December 23, 2013. 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 EXEMPT from Coastal Consistency Review. PROPERTY FACTSIDESCRIPTION: This non-conforming 24,321 square foot parcel located in the R40 zone district sits between Jockey Creek and Hill Road in Southold. It is improved with a single family dwelling and accessory shed. The property has 100.00 feet of frontage on Hill Road, 245.00 along the western property line, 96.74 feet on Jockey Creek and 250.00 feet along the eastern property line. The property has a boat dock which juts out into Jockey Creek. All is shown on a site plan by Mladen Bay, Architect, date stamped received by the Zoning Board of Appeals December 10, 2013. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 25, 2013 Notice of Disapproval based on an application for building permit for construction of a garage and porch addition, at; 1) less than the code required combined side yard setback of 35 feet. RELIEF REQUESTED: The applicant requests a variance on this 24,321 non-conforming lot to construct a garage and covered porch addition in what is now the side yard. On lots between 20,000sq feet and 39,999 square feet the combined side yard setback is 35 feet. The site plan indicates a combined side yard setback of 26 feet. ADDITIONAL INFORMATION: Testimony was taken that the septic tanks are located in the front yard of the property. The applicant stated that the purpose of the garage is to store cars and there will not be any heat or Page 2 of 3 - January 23, 2014 ZBA#6714 - Bay SCTM# 1000-70-0-30 plumbing in the garage. Additionally the applicant provided variances that were granted in the area for similar setbacks. At the hearing, two neighbors spoke against the application. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 9, 2014 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: 1. 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 neighborhood consists of single family homes. Most of the lots on the Jockey Creek side of Hill Street are similarly sized lots. Attached garages are typical in this neighborhood. Many houses in the neighborhood are at a similar setback from Hill Street. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant "as of right" can build a detached garage accessory structure 10 feet from his property line in his front yard. The applicant can also "as of right" build an attached garage closer to Hill Street than the house presently sits. However, granting the variance as applied for allows for one structure on the property instead of two, and it keeps the house further back off of Hill Street. A detached garage can be built within the same distance to the western property line as of right, as the applicant is proposing to build. 3. Town Law 5267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 26% relief from the code. However, the proposed attached garage addition will serve as storage space for the applicant's car collection which is now cluttering the applicant's driveway, and will therefore improve the visual appearance of the neighborhood. The proposed attached porch is in the rear yard and will have no visual impact on the street or the neighbor's property and is proposed at a conforming setback to Jockey Creek. 4. Town Law 5267-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. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and install leaders and gutters on the house and install drywells to handle storm water runoff. 5. Town Law 5267-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 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a covered porch and garage addition 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 Dantes, seconded by Member Schneider, and duly carried, to GRANT, the variance as applied for, and shown on the Architectural drawings labeled 1-3 and the site plan all prepared by Mladen Bay Architect and date stamped received by the Zoning Board on December 10, 2013. CONDITION: 1) All fencing on the subject property must conform to the building code. Page 3 of 3 - January 23, 2014 ZBA#6714 - Bay SCTM#1000-704-30 That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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(s) 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, 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 Weisman (Chairperson), Schneider, Dantes, Horning. Absent: Member Goehringer. This Resolution was duly adopted (4-0). C r yt Leslie Kanes eisman, Chal erson r Approved for filing / /d /2014