Red Hook WatchIndependent Community Resource

Area Variance Approvals

2026last touched · 13 source resolutions
↑Village/Rules/Policies/Adopted/area_variances
Resolutions granting area variances from dimensional zoning requirements such as setbacks, lot size, fence height, and floor area ratios for specific properties.
In force, by year of last update
2026this year
10-Foot Wire Fence Height Variance — 25 Fisk Street
An area variance is approved for 25 Fisk Street (Tax Parcel ID 6272-10-493612) allowing a 10-foot fence, conditioned on the fence being constructed solely as a wire fence as proposed in the submitted application.[13]
2025
Front Yard Setback Variance Denial with Permitted Stoop — 2 Fraleigh Street
The requested 7-foot front yard setback variance for 2 Fraleigh Street is denied. However, the applicant is permitted to construct a covered entry stoop over the front door with dimensions not to exceed 4 feet in depth from the house and 8 feet in width.[12]
2024
Fence Height Variance — 52 W. Market Street (Church Street Nursery School)
An area variance is approved for 52 W. Market Street (Tax Parcel ID 6272-10-357737) granting a one-foot variance increasing fence height from 4 feet to 5 feet. The variance is conditioned on its application being solely for the safety of a school playground.[9][10]
Side Yard Setback Variance — 15 Church Street
An area variance is approved for 15 Church Street (Tax Parcel ID 6272-10-358703) providing relief under Section 200-9-D-(12)-(b), reducing the side yard setback from 10 feet to 3 feet 7 inches.[11]
Lot Coverage Variance — 15 Church Street
An area variance is approved for 15 Church Street (Tax Parcel ID 6272-10-358703) providing relief under Section 200-9-D-(11), increasing maximum lot coverage from 15% to 16.46%.[11]
2023
Pre-Existing Non-Conforming Three-Family Use — 26 Elizabeth Street
The Code Enforcement Officer's violation citation against 26 Elizabeth Street (Elizabeth 26 LLC) alleging an illegal three-family use is reversed. The ZBA finds the three-family or three-apartment residential use of the primary structure predates the Village of Red Hook's adoption of zoning in or about September 1955 and constitutes a lawful pre-existing non-conforming use. This decision does not affirm the current use in any other respect, and the owner must maintain compliance with all other applicable building, fire, and zoning requirements.[5]
Reasonable Accommodation for Emotional Support Goats — 25 Fisk Street
The Code Enforcement Officer's violation requiring removal of goats from 25 Fisk Street is reversed as a reasonable accommodation under the Fair Housing Act (42 USCA § 3604(f)) for the minor daughter of the property owners. The accommodation applies only to the five Nigerian Dwarf pygmy goats present at the time of the violation dated January 30, 2023, for so long as the documented need for the accommodation exists; no additional or replacement goats are authorized under this decision, and all other applicable local laws including noise and odor regulations remain enforceable.[6]
Fence Height Variance — 2 Cambridge Drive
An area variance is approved for 2 Cambridge Drive (Tax Parcel ID 6272-14-258489) per application dated 8-2-2023, allowing a fence height increase from 3 feet to 6 feet with no stipulations.[7]
Inground Pool Setback Variances — 4 Kent Road
Two area variances are approved for 4 Kent Road (Tax Parcel ID 6272-09-204526) per application dated 9-12-2023, reducing both the side yard and rear yard setbacks to 5 feet for an inground pool installation, with no stipulations.[8]
2021
Carport Side Yard Setback Variance — 28 Prince Street
An area variance is approved for 28 Prince Street (Tax No. 6272-10-337721) granting a side yard setback of 0 feet where 15 feet is required, to permit the existing carport at the property line. Conditions require: (1) all fees and escrow be paid; (2) the door accessing the porch from the second floor of the dwelling shall be removed and the roof of the carport shall not be used as living space; and (3) wooden railings may remain as a decorative element only.[4]
2016
Lot Size Variance — 30 Prince Street
An area variance is approved for 30 Prince Street relieving the lot size requirement under Article 3 Section 200-19-B, reducing the minimum lot size from 1.5 acres to 0.4 acres to permit an accessory apartment in a detached garage.[1]
Habitable Floor Space Percentage Variance — 30 Prince Street
An area variance is approved for 30 Prince Street relieving the habitable floor space percentage requirement under Article 3 Section 200-19-B-6, increasing the allowable percentage from 35% to 39.2% to permit conversion of a detached structure into a studio apartment. The condition applies that the upstairs of the structure shall remain storage area only.[2]
Lot Coverage Variance — 32 Church Street
An area variance is approved for 32 Church Street (Tax Grid #6272-10-320666) under Section 200-9-D-10, increasing maximum lot coverage from 15% to 17.2% for the erection of a 10×16 shed. Conditions require: (1) the shed be one story only; (2) the shed conform to the photo submitted by the applicant; and (3) the shed maintain a 10-foot setback from the side property line as indicated by the submitted survey map.[3]
Source resolutions
  1. [1]2016-01-28Area Variance Relief from Lot Size Requirement
  2. [2]2016-01-28Area Variance Relief from Habitable Floor Space Percentage
  3. [3]2016-05-26Area Variance Approval for Shed at 32 Church Street
  4. [4]2021-07-22RESOLUTION TO GRANT AN AREA VARIANCE
  5. [5]2023-05-25Resolution to Reverse the Determination of the Code Enforcement Officer
  6. [6]2023-07-27Resolution to Reverse the Determination of the Code Enforcement Officer - Application of Paul Sturtz & Polina Malikin – 25 Fisk Street
  7. [7]2023-10-26Area Variance for Fence Height at 2 Cambridge Drive
  8. [8]2023-10-26Area Variances for Inground Pool Setbacks at 4 Kent Road
  9. [9]2024-05-23Church Street Nursery School fence height variance
  10. [10]2024-05-23Church Street Nursery School fence height variance approval
  11. [11]2024-06-27Area Variance Approval—15 Church Street
  12. [12]2025-10-23Front yard setback variance with stoop condition
  13. [13]2026-05-28Area Variance for 10-Foot Wire Fence at 25 Fisk Street

Synthesized from the chronological history of these resolutions. Each clause shows the year it was last established or amended. The text is a reading aid — for legal force, consult the source resolutions and the Village Code.