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Rye Brook ZBA OKs 0.5% lot-coverage variance for expanded deck at 8 Magnolia Drive
Summary
Bradley and June Scharf received a unanimous 3-0 approval from the Rye Brook Zoning Board of Appeals on Feb. 4 for a 0.5 percentage-point lot-coverage variance to expand a rear deck by about 70 square feet. The board recorded a SEQRA Type II finding and required payment of application and consultant fees before permits issue.
The Rye Brook Zoning Board of Appeals on Feb. 4 granted Bradley and June Scharf a variance increasing allowable lot coverage for a backyard deck at 8 Magnolia Drive from 4.0% to 4.5%, a 0.5 percentage-point variance approved by a 3-0 roll-call vote.
Architect John G. Scarlato Jr., presenting for the Scharfs, described a proposal to enlarge the existing deck from roughly 12 by 28 feet to about 16 by 28 feet and to incorporate the stairway into the main deck run. He said the requested increase amounts to approximately 70 square feet ("We're asking for a .5% increase, which is 70 square feet," Scarlato said). The applicants said they prefer a single-level expansion rather than adding a lower-level deck or extensive retaining walls to accommodate the hillside backyard.
The board and applicants discussed privacy and water-runoff concerns. A neighbor, Christopher Higgins of 16 Magnolia Drive, spoke in support, saying he could not see the house directly from his position and that the change "as long as the expansion of the deck is not disrupting natural water runways and is of reasonable size, I think it should be approved." The application record includes the board’s finding that the requested variance would not create adverse physical or environmental impacts; the board classified the action as SEQRA Type II, so no further environmental review was required.
Board members noted the numeric change is measurable — the expansion represents a roughly 17% increase over the existing allowable coverage when expressed as a share of the allowed coverage — but described it as not aesthetically large. The resolution approving the variance conditions the permit on payment of outstanding application and consultant fees: "no permit or certificate of occupancy shall be issued until the applicants have paid in full all application and consultant fees incurred by the village in connection with the review of this application." The public hearing produced one supportive public comment and no recorded opposition.
The Scharfs’ proposal includes a metal cable railing system and a retractable awning; the project remains within setback and impervious-coverage limits apart from the requested lot-coverage variance. The board approved the application by roll call (three yes, zero no). If the applicants proceed, they must satisfy the listed condition before a building permit is issued.
