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HomeMy WebLinkAbout1981_12_02 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD DECEMBER 2, 1981 , IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:20 P.M. ROLL CALL Present: Mr. A. William Boraczek, Chairman Mr. Egbert R. Hardesty Mr. Peter G. Moore Mr. Stephen K. Carr APPROVAL OF MINUTES The minutes of the meeting of October 28, 1981 were pre- sented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing . Mr. Boraczek advised those present that the first appli- cation (Case 578 - Garfield Housing Corp. ) would not be heard at this time. Mr. Goodman whose application was No. 2 had requested that his case be heard last as he was waiting for his Architect to appear. The Chairman asked the Secretary to read the third appli- cation . APPLICATION NO. 3 - CASE 583 Application of Mr. and Mrs. Lawrence Templeman for modi- fication of Article VI Section 89-35 Subsection B (3) "Construction Requirements for an R-6 One Family Residence District" which requires a minimum rear yard of 25 ft. to allow the construction of an addition to a wood deck maintaining an existing nonconforming rear yard of 24 ft. on the premises located at 206 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 236 on the grounds of practical diffi - culty and/or unnecessary hardship. Mr. James Miller, who is an Architect, represented the applicants, Mr. and Mrs . Templeman and said there was an existing deck which is very small and was put up by the former owners. Mr. Miller stated that the applicants have a permit for ai addition and because of the location of the new doorway the applicants want to enlarge the deck. Mr. Miller further said that the Templeman 's rear yard is up against the Murray Avenue school and only one side neighbor would be affected by the minor 12" reduction in the rear yard setback. Mr. Miller said that their hardship was in the fact that if the variance was not granted they would have to tear down the existing deck and replace it with an odd shaped one. After further discussion the Board decided that they would vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs . Lawrence Templeman have submitted an application to the Building Inspec- tor to allow the construction of an addition to a wood deck maintaining an existing noncon- forming rear yard of 24 ft. together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article VI Section 89-35 Subsection B (3) "Construction Requirements for an R-6 One Family Residence District" which requires a minimum rear yard of 25 ft. on the premises located at 206 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 236; and WHEREAS, Mr. and Mrs . Lawrence Templeman have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1 . Existing deck is very small (712 x 71 ) and the new deck will be 712 x 1312 if the same line at rear is permitted to carry through and if not a jog for the required 25 ft. rear yard setback in the new deck will result in a peculiarly shaped deck. 2. Since the rear yard is up against the Murray Avenue school property and its open yard only one side yard neighbor will be affected by this very minor 12" reduction in the rear yard setback . WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds : (a) That there are special circum- stances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/or conditions are as follows : 1 . That the proposed addi - tion to the existing deck will not increase the non- conforming rear yard setback. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-35 Subsection B (3) "Con- struction Requirements for an R-6 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is a minimal adjustment that will accomplish this purpose. 3. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-35 Sub- section B (3) "Construction Requirements for c� os an R-6 One Family Residence District" be varied and modified so as to allow the construction of an addition to a wood deck maintaining an existing rear yard of 24 ft. on the premises located at 206 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 236 in strict conformance with plans filed with this application provided that the applicant complies in all other res- pects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read Application No. 2. APPLICATION NO. 2 - CASE 582 Application of Mr. and Mrs . Samuel Goodman for modifica- tion of Article VI Section 89-33 Subsection B (1 ) "Con- struction Requirements for an R-10 One Family Residence District" which requires that on a corner lot a front setback of 30 ft. be provided from both streets and Ar- ticle XI Section 89-67 Subsection B Layout and Location of Off-street Parking Facilities which requires that no off-street parking facilities be developed within 25 ft. of front property line to allow the construction of an addition which will be 21 .47 ft. back from Eton Road and to widen the existing driveway 4 ft. between existing house and Eton Road having a 0 ft. setback from Eton Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 211 Parcel 114 on the grounds of practi- cal difficulty and/or unnecessary hardship . Mr. Walter Bogner, who is the Architect for the Goodman 's presented the application to the Board and said that the addition is for a mud room. Mr. Bogner stated that pre- sently the kitchen serves as the front door to the house and the kitchen is small . Further, Mr. Bogner said that the house is of steel construction which makes it costly and difficult to expand by any other means. Also, Mr. Bogner said that the addition will continue on with the same roof line and the applicant had previously applied to the Zoning Board for the widening of the driveway but his application had been rejected. The widening of the existing driveway that the Goodmans are now requesting is less than what they had requested in their original application and they need room for another car. The Board asked the applicant about the one car garage that is presently on the property and it was pointed out that because the Goodman 's house does not have a base- ment the garage is used mainly for storage. It was, also, pointed out that the Goodmans presently have one car but are looking for another one and the garage could only house one car. Mr. Bogner pointed out that the Goodmans hardship was mainly because they have no basement for storage space and Mr. Boraczek asked if it was not pos- sible to put a shed somewhere on the property for this purpose. The Board questioned Mr. Goodman in regard to screening and decided that if the application was approved it would be contingent upon the applicants putting in shrubs at least 4 ft. in height. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs . Samuel Goodman have sub- mitted an application to the Building Inspector to allow the construction of an addition which will be 21 .47 ft. back from Eton Road and to widen the existing driveway 4 ft. between exist- ing house and Eton Road having a 0 ft. setback from Eton Road together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article VI Sec- tion 89-33 Subsection B (1 ) "Construction Require- ments for an R-10 One Family Residence District" which requires that on a corner lot a front set- back of 30 ft. be provided from both streets and Article XI Section 89-67 Subsection B Lay- out and Location of Off-street Parking Facili- ties which requires that no off-street parking facilities be developed within 25 ft. of front property line on the premises located at 133 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Par- cel 114; and WHEREAS, Mr. and Mrs. Samuel Goodman have sub- mitted an application to this Board for a vari- ance on the ground of ra p ctical difficulty and/ CtZ 07 or unnecessary hardship for the following reasons : 1 . The existing dwelling was built in 1935 prior to the adoption of the existing Ordinance and is in compliance with the current Ordinance for the required 30 ft. setback on Eton Road but the existing garage has a setback of 21 .47 ft. and the new addition will not be built beyond this exist- ing encroachment line. 2 . Although the front door of the house faces Rockland Avenue the func- tional main entrance is from the Eton Road side through the kitchen which is small and the proposed mudroom is needed to handle the combined ent- rance traffic (storage, coats , etc. ) as well as cooking needs . 3. The existing house is of steel construction with first floor block bearing walls which makes the expan- sion of the kitchen by any other means costly and difficult to achieve. 4. The addition will be one story and will aesthetically serve to in- tergrate the current discordant gar- age protusion into the rest of the house. 5. The addition will be screened by existing hemlock and will not be apparent from the street. 6 . The new addition will be constructed of materials to blend in with the rest of the house. 7. The application for the widening of the driveway is less than what was requested in the previous appli- cation which was denied. 8. Since the majority of the houses on Eton Road have double width drive- ways this request is for the grant- ing of similar parking space. 9. Since the access to the driveway is from Eton Road and no widening of the existing curb cut is proposed. 10. Since the existing house does not have a basement or cellar the narrow existing garage is used for storage creating a problem for a po- tential two car family which can only be solved by the widening of the drive- way as proposed for off-street park- ing purposes . 11 . The house and garage are setback some 42.72 ft. from Rockland Avenue and therefore the proposed widening will not encroach on any setback re- quirements on Rockland Avenue. 12. The parking of visitors cars on Eton Road creates a safety hazard since the Town has painted a double yellow line along the roadway and if a car is parked on Eton Road it is impossible for another car to pass without crossing the double yellow line. 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 granted the appli- cation on the following grounds : (a) That there are special circum- stances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1 . The addition of the mud room will provide a more functional entrance. 2. The widening of the drive- way will provide a space for the applicant's poten- tial two cars . 3. That said circumstances and/or conditions are such that the particular appli- cation of the Ordinance with respect to Article VI Sec- tion 89-33 Subsection B (1 ) "Construction Requirements for an R-10 One Family Resi- dence District" and Article XI Section 89-67 Subsection B Layout and Location of Off-street Parking Facili- ties" would deprive the ap- plicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is a minimal adjustment that will accomplish this purpose. 4. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Sub- section B (1 ) "Construction Requirements for an R-10 One Family Residence District" and Ar- ticle X Section 89-67 Subsection B Layout and Location of Off-street parking facilities be varied and modified so as to allow the construc- tion of an addition which will be 21 .47 ft. back from Eton Road and to widen the existing driveway 4 ft. between existing house and Eton Road on the premises located at 133 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 114 in strict conformance with plans filed with this application, subject t the following con- dition provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. That the applicant plant shrubs at least 4 ft. in height to screen the proposed off-street parking area. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. C ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:00 P.M. itaL A. John n, Secretary • • ft