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HomeMy WebLinkAbout3641Southold Town Board of Appeals MAIN ROAD- STATE ROAD Z5 SOUTHOLD, L.I., N.Y. 11c~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 364] Application Dated June 3, ]987 TO: J. Kevin McLaughlin, Esq. as Attorney for MR. AND MRS. BRETT 828 Front Street, P.O. Box ~-- Greenport, New York 11944 KEHL [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on JuNe 18, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoninq Ordinance Article III , Section ]00-32(A~ Request for Application of BRETT AND JANET KEHL for a Variance to the Zoning Ordinance, Article III, Section 100-32(~ for approval of the construc- tion of an accessory building with height in excess of maximum 18 feet, or in the alternative, Article III, Section lO0-31(A) for permission to construct addition to dwelling with an insufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. WHEREAS, a public hearing was held, and concluded, on June 18, 1987 in the Matter of the Application of BRETT AND JANET KEHL under Appeal No. 3641; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants request a Variance from the Provisions of Article III, Section 100-32(A) of the Zoning Code for approval of the construction of a 24' by 32' accessory garage/storage structure at a maximum height, as defined by Section 100-13, at 21 feet. (The total height from ground level to the top of the roof is 26 feet, and 25'2" from the top of the roof to the top of the foundation.) 2. The premises in question is located along the south side of Main Bayview Road, approximately 310 feet east of Corey Creek Lane, Hamlet of Southold, Town of Southold, and is iden- tified on the Suffolk County Tax Maps as District lO00, Section 78, Block 4, Lot 32. 3. The subject premises is located in the "A" Residential and Agricultural Zoning District, contains a total lot area of .60+ of an acre, and is improved with the following structures: (CONTINUED ON PAGE TWO) DATED: June 18, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3641 Matter of BRET~ AND JANET KEHL Decision Rendered June 18, ~7 (a) two-story, single-family frame house set back approximately 39 feet from the front property line along Main Bayview Road, 26 feet from the easterly (side) property line, 47 feet from the nearest westerly (side) property line, and 98± feet from the nearest rear (southerly) property line; (b) accessory building (depicted "shop" on the survey dated Aug. 26, 1954 prepared.by Otto W. VanTuyl & Son, and updated June 12, 1987 by Roderick VanTuyl, P.C.) set back 43± feet from the nearest (easterly) property line and 92± feet from the front property line, and of a size 12' by 20'; (c) accessory garage structure of a size 15' by 10' and situated ll± feet from the nearest rear property line; (d) accessory chicken coop structure of an approximate size 4' by 7' situated on the rear property line at the most southwesterly corner; (e) the subject 24' by 32' accessory garage structure set back not less than six feet from the nearest westerly (side) property line and 65+ feet from the front property line. 4. For the record it is noted that a Certificate of Occupancy of Nonconforming Premises #Z13913 was issued October 9, 1985 for structures (a), (b), (c) and (d), supra, and that Building Permit #15142Z was issued July 28, 1986 for the accessory garage/storage structure of a size 24' by and 26 feet high, with one garage level and storage above, and is pending at this time. 32' 5. Article III, Section 100-32(A) permits the construction of an accessory structure for storage and garage purposes accessory and incidental to the residence in the rearyard only and at a maximum height of 18 feet. 6. It is the position of this Board that the difficulty cannot be obviated by some method feasible for applicants to pursue other than a variance, particularly in view of the fact that the accessory building has been constructed and appears to be in accordance with the pending Building Permit. In considering this appeal, the Board also finds and determines: (a) the relief requested is not the minimal necessary; (b) the difficulties claimed are sufficient to warrant the granting of this variance; (c) there is no other method feasible for appellants to pursue other than a variance; (d) the circumstances are unique; (e) the granting of the relief, as conditionally noted below, is within the spirit of the zoning ordinance; (f) in view of the manner in which the difficulties arose and in view of all the above factors, the interests of justice will be served by granting relief, as conditionally Page 3 - Appeal No. 3641 Matter of BRETT AND JANET KEHL Decision Rendered June 18, 1987 noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to APPROVE the construction of a accessory garage/storage buildingat a height of SUBJECT TO THE FOLLOWING CONDITIONS: 24' by 32' 21 feet and 1. Accessory building to remain the size requested of 24' by 32' without additions or expansions. 2. Accessory building not to exceed height requested of 21 feet (height as defined by Section 100-13) as exists; 3. No overhead or other lighting which will be adverse to neighboring properties; 4. No sleeping or habitable quarters and shall be limited to storage and garage use incidental and accessory to residence; 5. Setback from nearest westerly property line shall not be less than six feet, as requested. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, Town of Soutl~ld GERARD GOEHRINGER, June 23, 1987 NOTICE,OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Nall, Main Road, Southold, New York, on THURSDAY~ 'J~.NE.?~?987, 'at the fo]lowing times~ 7:35 p.m. Apb1. No. 3605 TED_DOWD. Variance for Approval of Access pursuant to New York Town Law, Section 280-a, over a private right-of-way located off the north side of the Main Road, Southold, and extending to the applicant's premises, identified on the Suffolk County Tax Map as District 1000, Section 56, Block 1, Lot 5.1 (5)2 containing 7.3± acres. 7:40 p.m. Appl. No. 3632 - Rehearing on Amended ApDlicatior of NORTH FORK EARLY LEARNING CENTER. Variance to the Zoning Ordinance, Article III~ Section iO0-30(A) to permit the estab- lishment of a Day-Care Center, at premises referred to as the Veterans Community Center, side of Wickham Avenue, and NY; CounTy Tax Map Parcel 1.75± acres. north side of Pike Street, east south side of Hill Street, Mattituck, ID No. 1000-140-2-39, containing 7:45 p.m. Appl. No. 3637 C. ~APO_TES AND A. HOMAYUNI. Variance to the Zoning Ordinance, Article III: Section 100-31 (100-32) for permission to construct deck addition to dwelling with an insuf[icient frontyard setback from Sobndview Avenue. Location of Property: East side of Goldin Avenue and south side of Soundview .Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135i-2-22. /~ 7:50 p.m. Appl. No. 3641 BRET__T_ AND JANET KEHL. Variance to the Zoning Ordinance, Article III, Section 100-32(A) for approval of the construction of an accessory building with height in excess of maximum 18-feet, or in the alternative, Article III, Section lO0-31(A) for permission to construct addition to dwelling with an ~nsufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 18, 1987 7:55 p.m. Appl. No. 3634 RICHARD F. MULLEN, JR. Variance to the Zoning Ordinance~ Article XI, Section lO0-119.1(A) for permission to erect fencing in the frontyard area with a maximum height of six feet. Location of Property: East Side of Cottage Place, Southold, NY; County. Tax Map D~str~ct 1000, Section 62, Block 3, Lot 19. -~ 8:05 p.m. Appl. No. 3412 as Amended - WILLIAM MOORE and BENJAMIN HERZWEIG. --Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for an insufficient setback from wetlands area, and (.b) III, Section 100-31 for an insufficient frontyard setback, for structure at premises Estates Map #4453, Lot District 1000, Section 51± acre. a proposed single-family dwelling known as 675 Meadow Lane, Mattituck #42, Mattituck, NY; County Tax Map 115, Block 05, Lot 007, containing 8:20 p.m. Appl. No. 3629 - IRWIN AND SONDRA THOMPSON. (To be reconvened) 8:30 p.m. A~D1. No. 3543 (To be reconveyed) PETER AND BARBARA HERZ, 8:40 p.m. Appl. No. 3640 FRANK AND EDITH SAWICKI. Variance for approval of insufficient width of three parcels in this pending Minor Subdivision~ each having a minimum lot area of 80,000 sq. ft. Location of Property: north side of C.R. 4~ (a/k/a North Road)~ Southold~ NY; County Tax Map Parcel ID ~o. 1000-5t-3-12.1, containing 15± acres. 8:50 p.m. Appl. No. 3625 PUDGE CORP. Resolution concluding hearling. (No oral testimony.) 8:55 p.m. Appl. No. 3638 JAMES AND MARY TYLER. Special Exception modifying Appl. No. 3400 to permit vehicle doors facing street side as constructed in this establishment of a public garage under Article VII~ Section 100-70(B)[4] of the Zoning Code. Location of Property: 6795 Main Road~ Laurel, NY; Mattituck 5olding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 18, 1987 The Board of Appeals will hear at said time and place persons or representatives desiring to be ~eard in each of above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. all the' Dated: May 21~ 1987. BY ORDER OF THE SOUTHOLD TOWN ~OARD OF ~P.PEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kow~lski, Board Secretary Notice to Newspapers: Please publish once, to wit, June ll, 1987 and forward two affidavits of publication to: Board of Appeals, Ma~n Road, Southold, NY 11971 on or before June 15th. Thank you. ~o~vr~ or S~UT~OLD L~Uii~DI NG DEPA I~TMENT ~ow~ CLEe<'S SOUTIIOLD. N.Y. NOTICE OF DISAPIq~,OVAL 1-~1~: ~o ................................ Date .... . . ./...&c~-% ................ ~. ~.. ~ 0~ ~. ~~... ~..~ ... ~ ~. ~., ..... PLEASE TA<E NOTICE that your application dated ...~ ~: ~ .............. 19 .g.~. County Tax Map Ro. 1000 Section . .-...~.~.~ .... Block ....... ~. ~ ... Lot .... ~.~.~ .... Subdivision ................. Filed Map No ................. Lot No ................. ~,~. ~. ~. ~.~ ~. ~-.~...~.. ~..~.~. Building ~nspector 'FORM NO. I . BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL: 765-1803 ,pproved '~..~. .... 19~k Permit No. l.~.. ! .~.~..~... ~isapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Received ........... ,19... INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the BuildL~g Inspector, with 3 ts Of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining pren'dses or public streets areas, and giving a detailed description of layout of property must be drawn on the diagram vdhich is par~ of th. is appliz tion. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Pe~,Tnit to the applicant. Such permit ali be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy all have been granted by the Building Inspector. APPLICATION 1S HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the fflding Zone Okdinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or .~gulations, for the' construction of buildings, additions or alterations, or for removal or demolition, as herein described. ~e applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to mit authorized inspectors on premises and in building for necessary inspections. " (Signature of hpp45cant, or name, if a corporation) ....3-¥?... (Mailing address of applicant) :are whether applicant is owner, lessee, agent, architect, engineer, genera] contractor, electrician, plumber or builder. ~eofownerofpremises ~l~i~'l~- B, ,V,~.'~ ~ "~,~ ~, (as on the tax roll or latest deed) applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No..'.~..~.*'g~ k- Kg ,~ Location of land on which proposed work will be done[ ................................................. Ssoo . House Number 'Street Hamlet County Tax Map No. 1000 Section ..... .C)~...'~.~. ....... Block ...O..~.' ............ Lot .... .~.~.~. ........... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupan!cy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ....... V.~g-t~ ..... /~.A. .......................................... .*ended use and occupancy g ........ % ~ ~,I~ture of work ,. -,'~' Repazr .............. RemovalS. ............. Demolition ...... ~ .... Other Work .~1 ~%C,. ~ .'37~. (Description) O 4, Estimated Cost ...... I' ' '9'~'O'O' '~ ....................... Fee ..... ~. ............................... ~ ' ' tto be paid on filing this application) 5. If dwelhng, number of dwelhng umts .... ~, ....... ... Number of dwelling units on each floor.. ~ ...... If garage, number of c ~ ~ e- .... ..... . .............. . ....................... .................... 6, If business, commercial ~r mixed occupancy, specify nafure and extent of each type of use ..................... 7 Dunenslons of ex~sting structures, ff an : Front . ~. Rear ~ De~th ""'~* Y ' ' 'h .................... ~ .......~ .......... Height .... ~,~. ........ Number of Stories ..... ~. ................................ Dimensions'of same structure with alterations or additions: Front .... .-.. ......... Rear --. ............ Depth ........... ~ ........ Height ......... ----7 ............ Number of Stories...:w ................ 8. Dimensions of entire new construction Front. . .~.¥.' . Rear .... ?.~ ......... Depth . $~., ......... Height .... ~. ......... Number of Stories ........ ]...~e~.e... i.e..~.... M;~ .... 9. Size oftoti Front ....... ~.~.~i~ .......... Rear ....... .O..v, ~., ......... De~th ...~.?O~.[?? .......... '.., 10, Date of Purchase 1~ ~CT g~ . Name of Fo ~ ............................ rmer Owner ..... .O}L.. p};'.~. .............. l 1. Zone or use district in which premises are situated ......................... 12. Does proposed construction viola~t~ any zoning law ordinance or regulation: ....... 13. Will lot be regraded ...,..,.~..Y.l.$ ............... Wfll excess fill be removed ~f,rom ptgmises: "~es 14. Name of Owner of premises ~.~.~....b:..K.~.~F. ..... Address .X. sp.c...4~..~. 07..g.n. Te:~?Ph~ne No..7. ~.5-, 7 ?¢?.0 ..... Name of Architect ..... ._~ ...................... ~ddress ................. Phone No. Nam e of Contractor . ~6.7~ .~e...C. ~.. ,~. geL...~ .&. ..... Address .'~..eg. :~.~ ~o.~..~.g. ....Phone No. I5. Is this property located within 300 feet of a tidal wetland? *Yes ..... No . *If yes, Southold ToWn T~astees Permit maybe required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate ali set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. %~E A.nac¢,a~ ~;TATE OF NE~ YQ~RK,, e e JOUNTY Q~F ~c,....-~...~ .e-:. ...... ~,.~, ........ . b.e.e.Tf. ....b, .... .~¢~. .................. being duly sworn, deposes and says that he is the applic~t (Name of individual si~ing contract) hove named. ._ (Contractor, agent, corporat~ officer, etc.) said owner or owne~, md i~ duly authored to perfom or have p~rfonned the said work and to m~e and file this pplication: that all statements contained k ~is ~pplication ar~ tru~ to the b~st of his Nowledge and belief; and that the 'ork gll be perfo=ed in ~e m~ner set forth ~ the application filed ~rewith, worn m before me this .......... ........ .......... No. 4690915 L/' ............... koli~efl in So,elk C' ~ (Signature of applicant) t t :.3,~ /mn, JUN 0 3 TOWN OF, SOUTHOLD, NEW YORK Tow~1 ~PI~{II~:ROM DECISION OF BUILDING INSPECTOR APPEAL NO.~, /87 DATE...5../. ..................... .. . TO THE ZONINGJBOARD OF APPEALS, TOWN OF SOUTHOLD; N: Y. 1, (We) Brett and J.a..n.,~t Kehl of 5500 Main B.a.~.v_iew Road . ............ '1~ ~ ~ ' '~",~,~'ii~t: ..........................................................................................Streetand Number Southold '' New York ........................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ...~...5.~,.~..2..2.. ...................DATED ..........~...q.~.~.....2..8.~.,...Z..9,..8..6. ............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) ( ) Name of Applicgnt for permit of ...... ....... .................... Street and Number. Municipali~ State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ,5.,5.,0..0.....M...a..i...n.....B..a.k'..v.,i...e..w..,R.,d..:.:.....S..o...u..t...h,.o..1...d. .......... R.e..s. id.ential Street /Hamlet / Use District on ~ni~ ~ District 1000 Section 78 31ock04 Lot 32 _ . .................................................................................. uurren~ Owner Brett and Janet Kehl Map No. 1000 Lot No. 32 Prior 0w~e~ Paul Smith 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Zzz Section 100-31 (A) or 100-32 (A) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A prewous appeal (has) (has not) been mcJe with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request For a variance and was made in Appeal No ...............................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance for eithe~ a ) variance. is requested forthe reasonthat after receiving a buildJ the building in accordance with the specificatJ I was denied a Certificate of Occupancy on the the garage exceeds the allowable accessory bui] it is necessar~ to request either a height var~ variance to allow the garage, which can be att~ wooden walkway~ to remain in its present locatJ (Continue onotherside) e yard variance or a height ng permit, I completed OhS submitted. Thereafter, basis that the height of ding height. As a result, ance or a side yard ched to the house by a on. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces- sory HARDSHIPbecau~ applicants applied for and received a builidng permit (no. 151422) to construct a detached garage on the subject premises. Applicants proceeded to construct said garage as per the submitted plans. Upon completion of the structure, applicants were denied a Certificate of Occupancy on the basis that the accessory building was in excess of 18' high. The applicant would be required to expend considerable time and money in order to rectify this situation, which was the result of an oversight by the Building Department in reviewing our plans. 2 The hardship createdis UNIQUE and isnotshared by all properties oli~ in the immediate vicinity 9fthis pr~erty and in this use di~rictbecause the applicants obtained a building permit after filing an application and plans with the Building Department. The applicants constructed the detached garage in good faith reliance on said permit. The applicants have been denied a Certificate of Occupancy on the basis that the garage exceeds the maximum height fo~ an accessory building even-though the garage was built in accordance with the submitted plans. 3 The Variance would observe the spirit of~the Ordinan~ and WOULD ,,N©I CHANGE THE CHARACTERzOF THEDISTRICT because the garage can be attached to the house and the side yard variance requested will not change the character of the district. The garage has been built to blend with the existing house. The side yard variance would be minor. Alternatively, the height variance would not be so substantial as to change the character of the district. STATE OF NE~ COUNTY OF~'~j~<~-~ ) Sworn to this Notary Puk