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Application 19-01 Markunas, a request for three variances from Sections 143-12, and 143-26

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Activeformal_resolutionongoingGrant three area variances to Thomas Markunas for rear yard setback, lot coverage, and enlargement of non-conforming building to permit construction of one 225 square foot deck, one 295 square foot deck, and a 428 square foot addition to dwelling at 161 Country Club Drive.
First seen
2019-04-10
Latest event
2019-04-10
adopted
Expires
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Resolution text

RESOLVED

  1. Application 19-01 Markunas, a request for three variances from Sections 143-12, and 143-26, be granted on the following grounds: (1) the variances will not produce an undesirable change to neighborhood character or detriment to nearby properties; (2) the applicant's needs cannot be achieved by other than these three area variances; (3) the requested variances are not substantial given the neighborhood character; (4) the variances will not adversely affect physical or environmental conditions and will improve the property by cleanup and Code compliance; (5) the hardship is self-created since the applicant purchased in a neighborhood with small lots; (6) the variance granted is the minimum variance to meet the applicant's needs.
Show preamble — 6 WHEREAS clauses
  • WHEREAS, the application was determined to be a Type II Action under the State Environmental Quality Review Act, Section 6NYCRR Part 617, and
  • WHEREAS, said application requests three variances or adjustment to the strict application of the Zoning Code, concerning rear yard setbacks, lot coverage, and enlargement of an existing, non-compliant building. The requested variances specifically regard the proposed construction of an addition measuring 428 SF, and two decks, one measuring 225 SF, and one measuring 295 SF in the RD 3 District of the Town, and
  • WHEREAS, the Board held a Public Hearing, notice of which was duly published in the Poughkeepsie Journal on March 29, 2019, and posted, as required by law, and
  • WHEREAS, at said Public Hearing all who desired to be heard were heard, and their testimony recorded, and
  • WHEREAS, on March 13, 2019, the Board determined that the application would not result in any significant adverse environmental impacts and adopted a determination of non-significance, and
  • WHEREAS, all testimony has been carefully considered and the following pertinent facts noted: (1) the property is in a unique neighborhood, up on a hill, with no visible impact to neighborhood aesthetics from the road; (2) the proposed construction is in keeping with neighborhood character of converting seasonal cottages to full-time residences and is smaller than adjacent structures; (3) the subject property is an existing lot of record pre-dating zoning in a historic summer cottage colony neighborhood where homes are typically close to lot lines; (4) the current structure is not Code compliant and the applicant will bring all aspects up to Code; (5) no member of the public or Homeowner's Association has opposed the proposed construction.

Lifecycle (1 event)

2019-04-10adoptedvote: 4-0
Grant three area variances to Thomas Markunas for construction of two decks and an addition on property at 161 Country Club Drive in the RD3 Zoning District.
moved by Annas
Show text snapshot for this event
Resolved
  1. Application 19-01 Markunas, a request for three variances from Sections 143-12, and 143-26, be granted on the following grounds: (1) the variances will not produce an undesirable change to neighborhood character or detriment to nearby properties; (2) the applicant's needs cannot be achieved by other than these three area variances; (3) the requested variances are not substantial given the neighborhood character; (4) the variances will not adversely affect physical or environmental conditions and will improve the property by cleanup and Code compliance; (5) the hardship is self-created since the applicant purchased in a neighborhood with small lots; (6) the variance granted is the minimum variance to meet the applicant's needs.
Whereas
  • WHEREAS, the application was determined to be a Type II Action under the State Environmental Quality Review Act, Section 6NYCRR Part 617, and
  • WHEREAS, said application requests three variances or adjustment to the strict application of the Zoning Code, concerning rear yard setbacks, lot coverage, and enlargement of an existing, non-compliant building. The requested variances specifically regard the proposed construction of an addition measuring 428 SF, and two decks, one measuring 225 SF, and one measuring 295 SF in the RD 3 District of the Town, and
  • WHEREAS, the Board held a Public Hearing, notice of which was duly published in the Poughkeepsie Journal on March 29, 2019, and posted, as required by law, and
  • WHEREAS, at said Public Hearing all who desired to be heard were heard, and their testimony recorded, and
  • WHEREAS, on March 13, 2019, the Board determined that the application would not result in any significant adverse environmental impacts and adopted a determination of non-significance, and
  • WHEREAS, all testimony has been carefully considered and the following pertinent facts noted: (1) the property is in a unique neighborhood, up on a hill, with no visible impact to neighborhood aesthetics from the road; (2) the proposed construction is in keeping with neighborhood character of converting seasonal cottages to full-time residences and is smaller than adjacent structures; (3) the subject property is an existing lot of record pre-dating zoning in a historic summer cottage colony neighborhood where homes are typically close to lot lines; (4) the current structure is not Code compliant and the applicant will bring all aspects up to Code; (5) no member of the public or Homeowner's Association has opposed the proposed construction.
Subject key: markunas_area_variances_19_01