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HomeMy WebLinkAbout1991_03_28 Zoning Board of Appeals Minutes LA MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE 'DOWN OF MAMARONECK MARCH 28, 1991, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMAR0NECK, NEW YORK ,� RECEIVEp Present: Joel Negrin, Chairman `t? 21 1991 Thomas E. Gunther PATRICIA A.DiCIOCC Patrick B. Kelleher T TOWN CLERK J. Rene Simon MAR NECK Arthur Wexler e- a Also Present: Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Eileen Agnoletto, Public Stenographer Carbone, Kazazes & Associates 225 Mount Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:20 PM. APPLICATION NO. 1 - CASE 1017 The Recording Secretary read the application as follows: Application of Dr. and Mrs. K. Brumberger requesting variances for the proposed construction of a garage and basketball court. The unattached garage and the area for use as a basketball court/parking area are located in a side yard with a setback of 57.8 feet and not on the rear one-third of the lot pursuant to Section 89-31 B(3) (b) , the paved area of the court for basketball and parking would be 1.0 foot where 5.0 feet is required from the side property line pursuant to Section 89-44-A and Section 89-67 for this use, in an R-20 Zone District, on the premises located at 10 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Lot 35. Steven Frenkel, architect, appeared with Dr. and Mrs. Brumberger. He stated that he had redesigned the garage so that it was a lower structure with the gazebo attached to the rear of the building. Dr. Brumberger stated that anyone over three feet would be able to see over this garage fium the neighboring house. Mr. Frenkel stated that attaching this garage to the house near the other two garages would not have been esthetically pleasing - there would be nothing but garage doors visible when approaching the house flux' the North, a circular driveway might be necessary and the service entrance would be blocked. He emphasized that there is a steep grade on the property, a rock ledge in the rear yard, a retaining wall for the yard at 2 Jenny Close and an irregular shape. Michael Costello, 2 Jenny Close, appeared in opposition to this plan. He stated that by installing a pool before requesting a variance for this March 28, 1991 -2- garage the Burmbergers created this situation at his expense and that a lack of storage space did not seem to be hardship to him. Also appearing was Joseph Zuckerman, 7 Marbourne Drive, who found the proposal unacceptable. Mr. Negrin could not find hardship. He stated that a third garage would be "nice to have" but would not relieve a practical difficulty. In response to a question from the Board, Mr. Hoffman stated that granting a variance for the garage could set a precedent. Mr. Frenkel stated that the Brumbergers could park more than one car in their driveway without garaging them. On motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. Mr. Wexler moved to approve the application; no one seconded his motion. On motion of Mr. Gunther, seconded by Mr. Kelleher, the following resolutions were approved 4-1, Mr. Wexler opposed. WHEREAS, Dr. and Mrs. K. Brumberger have submitted an application to the Building Inspector, together with plans, to construct a basketball court and garage; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-31 B (3) (b) on the premises located at 10 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Lot 35; and WHEREAS, Dr. and Mrs. Brumberger submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT March 28, 1991 -3- RESOLVED, that this Board hereby denies the application on the following grounds: 1. This additional garage adds too much mass in a small area. 2. Insufficient hardship or practical difficulty were shown. 3. This structure would adversely effect other houses in an area of the Town that is zoned to have extensive open spaces between houses; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Board did not have a problem with the construction of the basketball court and parking area. On motion of Mr. Gunther, seconded by Mr. Wexler, the following resolutions were unanimously adopted: WHEREAS, Dr. and Mrs. K. Brumberger have submitted an application to the Building Inspector, together with plans, to retain a basketball court and paved parking area on the premises located at 10 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Lot 35; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-44A and 89-67; and WHEREAS, Dr. and Mrs. Brumberger submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstanreg and/or conditions applying to the land for which the variance is sought on the following grounds: 1. This location is a logical one for placing a basketball court and paved area and one which does not disturb neighbors. 2. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 3. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be March 28, 1991 -4- injurious to the neighborhood or otherwise detrimental to the public welfare. 4. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89 of the Zoning Ordinance be varied and modified so as to allow the retention of a basketha11 court and paved area on the premises located at 10 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Lot 35 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 2 - CASE 1018 The Recording Secretary read the application as follows: Application of Mr. F. Vernier, 7 Edgewater Place, adjourned from the meeting of February 27, 1991. Edward M. Lieberman, attorney, appeared with the Verniers. This application was a modified plan from the earlier proposal. It is smaller and lower than the earlier plan. The Verniers' lot slopes so that the first floor becomes the second floor in the back. Mr. Lieberman stated that many of the lots on Edgewater Place are substandard and have porches or decks. The Verniers need a deck to enjoy their yard and to supervise their young children. The Board had resolved the environmental matters at its February meeting. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. F. Vernier has submitted an application to the Building Inspector, together with plans, to construct a deck on the premises located at 7 Edgewater Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Lot 180; and March 28, 1991 -5- WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-35 B(2) (a) & (b) and 89-57; and WHEREAS, Mr. Vernier submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The use of the deck will aid the applicant in maintaining the safety of his small children. 2. The proposed structure is in consistent with other decks constructed on this block. 3. The property has a severe grade. 4. The deck is no closer to the property line than the existing structure. 5. The height of the deck is the minimum needed to clear the basement door. 6. The deck location is necessitated by the site of the driveway and the garage. 7. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 8. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 9. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-35 B (2) (a) & (b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a deck on the premises located at 7 Edgewater Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Lot 180 in strict conformance with the plans filed with this application and any conditions set March 28, 1991 -6- forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED that the following conditions shall attach to the variance: 1. The tree on the northeast side of the house is to be maintained or replaced with a comparable tree to the satisfaction of the Building Inspector. 2. Shrubs shall be planted across the 6'6" strip between the deck and the neighbors' house. 3. The lattice under the deck shall be screened with planting. FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 3 - CASE 1014 The Recording Secretary read the application as follows: Application of Mr. P. Eckstein requesting a variance from Section 89-30.1 C (1) to reduce the side yard from 20.0 ft. required to 15.0 ft., in an R-30 Zone District, for the proposed construction of a two story rear addition and deck on the premises located at 33 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 lot 102. Mr. Eckstein appeared on behalf of his application He stated that an extension to the bedroom for storage caused an extension on the ground floor. The request was for an encroachment of approximately 25 square feet. On motion of Mr. Gunther, seconded by Mr. Wexler, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQPA. March 28, 1991 -7- On motion of Mr. Simon, seconded by Mr. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. P. Eckstein has submitted an application to the Building Inspector, together with plans, to construct a two story rear addition and deck on the premises located at 33 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Lot 102; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-30.1 C (1) ; and WHEREAS, Mr. Eckstein submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The nearby space on the adjacent lot is not a buildable area. 2. The lot is an irregularly shaped one with an abundance of rocks, and building on the other side of the house would be impractical. 3. This proposal uses this lot in an effective manner. 4. The design of the second floor follows the lot line. 5. The encroachment is a minimal one requiring only a small triangle.. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 7. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 8. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is March 28, 1991 -8- FURTHER RESOLVED, that a variance is hereby granted and that Section 89-30.1 C(1) of the Zoning Ordinance be varied and modified so as to allow the construction of a two story rear addition and a deck on the premises located at 33 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Lot 102 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 4 - CASE 1020 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Goldfarb requesting a variance to retain a 6.0 foot-high stockade fence at side property lines. The fence as constructed at 6.0 feet height is not allowed, as only 4.0 feet height is allowed pursuant to Section 89-44-D unless the 6.0 feet height is less than 25.0 feet from the pool edge as provided in Section 14-48-E of the Town Code, in an R-20 Zone District, on the premises located at 21 Fairway Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Lot 2212. Andres Sarguelli and Richard Reyes of Colonial Pools appeared with Mr. and Mrs. Goldfarb. The Goldfarbs want to retain their fence for privacy and safety. Much of the fence is "as of right" as it is within 25 feet of the swimming pool. The pool would be visible to several neighbors without a high fence. The Goldfarbs offered to face the fence toward the neighbors and to screen it. Mr. and Mrs. Fiebiger, 1 Bobby Close, appeared in opposition. Mr. Fiebiger finds the fence unsightly and stated that the fence amplifies noise. Also appearing in opposition was Barry Drucker of 5 Bobby Close. He stated that the fence had been put up in violation of the Zoning Code; that it appears to be 10 feet high from his lot because of the slope of the land; and that his fence faces the Goldfarbs' fence which looks incongruous. He also stated that some of the Goldfarbs' fenceposts are nailed to trees and that the Goldfarbs' pool pipes drain onto his property. Dr. Drucker stated that the Goldfarbs' fence is an eyesore. March 28, 1991 -9- On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQPA. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were adopted 4 - 1, Mr. Gunther in opposition: WHEREAS, Mr. and Mrs. M. Goldfarb have submitted an application to the Building Inspector, together with plans, to retain a 6.0 foot-high stockade fence on the premises located at 21 Fairway Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Lot 2212; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-44 D; and WHEREAS, Mr. and Mrs. Goldfarb submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The large majority of the fence is within 25 feet of the pool which is allowed under Section 14-48 E. 2. This is an oddly-shaped lot, an irregularly-shaped pool area and there is grading to the neighbors' yards. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 4. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not b injurious to the neighborhood or otherwise detrimental to the public welfare. March 28, 1991 -10- 5. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-44 D of the Zoning Ordinance be varied and modified so as to allow the retention of a six-foot high stockade fence on the premises located at 21 Fairway Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Lot 2212 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED that the following condition shall attach to the variance: Should the fence need to be replaced, the "good side" must face out. FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 5 - CASE 1021 The Recording Secretary read the application as follows: Application of Mr. P. Rubenstein requesting a variance from Section 89-32 B(2) (a) to reduce the side yard from 10.0 required to 8.0 feet to enclose an existing screened porch which would increase the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-15 Zone District, on the premises located at 11 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Lot 479. Arnold Wile, architect, appinared on behalf of the applicant. Mr. Rubenstein wanted to enclose a screened porch which encroaches two feet into the side yard. The house would have the same footprint as currently. On motion of Mr. Wexler, seconded by Mr. Gunther it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is March 28, 1991 -11- FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQ . On motion of Mr. Gunther, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. P. Rubenstein has submitted an application to the Building Inspector, together with plans, to enclose a screened porch on the premises located at 11 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Lot 479; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-32 B(2) (a) and 89-57; and WHEREAS, Mr. Rubenstein submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. There is no change in the footprint of the house; there is no further encroachment. 2. The roof will be the same. The only difference will be that screens will be removed and windows added. 3. The house has become non-conforming due to zoning changes. 4. The variance granted is the minimum needed to meet the applicant's need. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is March 28, 1991 -12- FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-32 B(2) (a) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of an enclosed porch on the premises located at 11 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Lot 479 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 6 - CASE 1023 The Recording Secretary read the application as follows: Application of Mr. and Mrs. R. Pellegrini requesting a variance to maintain an on-grade patio. The patio as exists has a front yard of 9.1 feet where a front yard setback of 30.0 feet is required pursuant to Section 89-33 B(1) ; as defined the property has three front yards. Further the patio increases the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-10 Zone District, on the premises located at 162 East Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Lot 115. Mr. Wexler recused himself as he had a professional interest in connection with this house. Mr. Pellegrini appeared on behalf of his application. He stated that the patio had been in place when he bought the house in 1973. He wanted to regularize the situation as he wants to sell the house. The property is difficult as it has three legal front yards. Also the topography is steep. The location of the patio is the only appropriate place for a patio. It is well screened with hemlocks. On motion of Mr. Gunther, seconded by Mr. Simon, with a 4-0 vote, it was RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. March 28, 1991 -13- On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were adopted 4-0, Mr. Wexler abstaining: WHEREAS, Mr. and Mrs. R. Pellegrini have submitted an application to the Building Inspector, together with plans, to retain an on-grade patio on the premises located at 162 East Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Lot 115; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-33 B(1) and 89-57; and WHEREAS, Mr. and Mrs. Pellegrini submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. This Board agrees with the applicants desire to bring his house under the existing code. 2. The patio in question was in existence at the time of the present owners' purchase. 3. The house has three front yards under the Zoning Ordinance. 4. The patio is well-screened and is not in front of the house on the premises. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-33 B(1) and 89-57 of the Zoning Ordinance be varied and modified R March 28, 1991 -14- so as to allow the retention of a patio on the premises located at 162 East Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Lot 115 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** NEXT MEETING The next meeting of the Board will be Wednesday, April 24, 1991. APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Mr. Wexler, the minutes of the September meeting were approved unanimously. On motion of Mr. Negrin, seconded by Mr. Wexler, the minutes of the October meeting were approved 4 - 0 by those who had been in attendance. ADICURNMENT On motion of Mr. Kelleher, seconded by Mr. Gunther, the meeting was adjourned at 11:20 PM. Bonnie M. Burdick