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Applicant seeks 3-foot rear-setback variance for 1 Depot Square pavilion
Summary
Applicant told the ZBA the pavilion must sit at 7 feet from the rear property line (three feet short of the 10-foot requirement) so it aligns with the existing restaurant and keeps needed dining capacity; the board agreed the request will be evaluated at a public hearing.
The applicant for 1 Depot Square told the Cold Spring Zoning Board of Appeals the proposed 25-by-50 pavilion will sit at a 7-foot rear setback and asked the board to grant a 3-foot variance from the 10-foot requirement so the pavilion aligns with the restaurant and preserves seating capacity.
On the application, the applicant’s representative explained, “The reason we located it in that exact position was to keep the same, relationship to the sidewalk and the parking and streetscape as the existing restaurant and with the size of the building, you know, needed for function that we're looking to get out of it.” Board members asked about alternatives and confirmed the ZBA will evaluate the request using the five statutory criteria at a formal hearing.
Board discussion described the request as modest: “And the 3 feet is not a, unreasonable ask,” one participant said during discussion. The board declined to give a preliminary ruling at the workshop and emphasized that any variance decision will be based on the formal criteria at the public hearing.
