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HomeMy WebLinkAbout2016-02-02 - Zoning Board of Appeals Meeting Minutes APPROVED VILLAGE OF RYE BROOK DATE tY22 7I J 938 King Street Zoning Board of Appeals Tuesday, February 2, 2016 Meeting at 8:00 p.m. D (C [E p V R MAR - 2 2016 DD Agenda VILLAGE OF RYE BROOK 1. # 15-017 Brian Spohrer & Kristy Spohrer BUILDING DEPARTMENT 781 King Street Legalize deck addition. 2. Approval of January 5, 2016 Zoning Board Summary BOARD: Steven Berger Andrew Kaminsky Joel Simon James Schutzer Donald Moscato, Chairman STAFF: Michael Izzo, Building Inspector Jennifer Gray, Esq., Village Counsel Fred Seifert, Public Access Coordinator/IT Paula Patafio, Meeting Secretary BOARD LIAISON: Trustee David Heiser Mr. Donald Moscato, Chairman, welcomed everyone to the Zoning Board meeting of February 2, 2016. He introduced Village counsel and staff, and welcomed a new member of the Board, James Schutzer to his first meeting. Chairman Moscato asked that anyone addressing the Board please come to the podium, use the microphone, and state their names and the nature of the application. He noted that there were two applications on the agenda and a full complement of the Board. Zoning Board of Appeals February 2.2016 Page Chairman Moscato called for the first item on the agenda: 1. # 15-017 Brian Spohrer & Kristy Spohrer 781 King Street Legalize deck addition Kristy Spohrer, applicant, addressed the Board. She noted that she was before the Board requesting a variance for an existing deck. There was a deck when the home was purchased in 2011. The applicant was informed that the deck was extended prior to their purchasing the home. When the applicant began to work on the home they learned that the deck was over the lot coverage. The maximum allowable deck coverage is 4%. Ms. Spohrer noted that her deck was 5.2%, therefore, in order to legalize the deck she needed a 1.2% deck coverage variance. The need for the variance was discovered when the applicants had filed for a building permit on October 20, 2015 to install an above ground pool and pool heater and deck extension. Chairman Moscato called for members of the public wishing to address the Board in support or opposition to the application. There being no one, he called for a motion to close the public hearing. On a motion, and second, the public hearing was closed. The Board began deliberation, and Chairman Moscato reviewed the five factors used by the Zoning Board when deliberating on variances. In response to an inquiry from the Board regarding self-created hardship, Jennifer Gray, Esq., Village Counsel, noted that when you purchase property you are deemed to have notice of the zoning restrictions and the physical conditions of the property, whether or not it is actual knowledge. Joel Simon felt that it was not self-created because the person buying the house didn't create the need for the variance. Andrew Kaminsky noted that if additional work is done, and the deck is taken down, then it would need to conform. He asked that a condition be placed on the resolution. Chairman Moscato read the following resolution: RESOLUTION WHEREAS, an application has been made to the Rye Brook Zoning Board of Appeals by Brian and Kristy Spohrer (the "Applicant") for an 1.2% deck coverage variance where the maximum allowable deck coverage is 4% pursuant to Village Code §250-37.B in connection with the legalization of deck on property located at 781 King Zoning Board of Appeals February 2,2016 Page 2 Street, in an R-15 zoning district on the east side of King Street, approximately 90 feet from the intersection of Magnolia Drive and King Street, said premises being further identified as Parcel ID# 136.21-1-21 on the Town of Rye Tax Map; and WHEREAS, a duly advertised public hearing on the application was opened on February 2, 2016, at which time all those wishing to be heard on the application were given such opportunity; and WHEREAS, the Board closed the public hearing on February 2, 2016; and WHEREAS, the proposed action is a Type II Action pursuant to the New York State Environmental Quality Review Act, and accordingly, no further environmental review is required; and WHEREAS, the Board, from the application, after viewing the premises and neighborhood concerned, and upon considering each of the factors set forth at Section 250-13(G)(2)(b)[2][a]-[e] of the Rye Brook Code, finds with respect to the variance: 1) The variance will not create an adverse impact to the character of the neighborhood; 2) The benefit the applicant seeks cannot be achieved through another method, feasible for the applicant to pursue, that does not require the variance; 3) The variance is substantial; 4) The variance will not create any adverse impacts to the physical or environmental conditions of the neighborhood; and 5) The need for the variance is not self-created. NOW, THEREFORE, BE IT RESOLVED, that said application is hereby granted subject to the following conditions: 1. No permit or certificate of occupancy shall be issued until the Applicant has paid in full all application and consultant fees incurred by the Village in connection with the review of this application. 2. The variance shall be null and void if the deck is ever torn down and any new deck shall be built in compliance with the Zoning Code in existence at that time. Zoning Board of Appeals February 2,2016 Page 3 Mr. Moscato called the roll: Steven Berger voting aye Andrew Kaminsky voting aye Joel Simon voting aye James Schutzer voting aye Donald Moscato, Chairman voting aye The resolution was adopted on a vote of five ayes, to zero nays. The final matter on the agenda was called before the Board. Z Approval of January 5, 2016 Zoning Board Summary Chairman Moscato called for comments on the January summary for the ZBA. There were no additional changes. On a motion and second the summary was approved as submitted. Mr. Moscato called the roll: Steven Berger voting aye Andrew Kaminsky voting aye Joel Simon voting aye James Schutzer voting aye Donald Moscato, Chairman voting aye There being no additional business before the Board, the meeting was adjourned at 8:15 p.m. Zoning Board of Appeals February 2,2016 Page 4