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HomeMy WebLinkAbout1971_09_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD SEPTEMBER 23, 1971, IN THE COURT ROOM OF THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Price H. Topping Absent: Mr. Donald D. Geary, Jr. Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of May 26, June 23, and July 28, 1971 were presented and on motion duly made and seconded approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of publication of the notice of hearing. Mr. Eggers explained to the applicants that because only three members were present the vote would have to be unanimous and the applicants had the privilege of postponing their applications to another meeting without penalty. The applicants declined to adjourn and the Chairman asked the Secretary to read the first application. APPLICATION NO. 1 - CASE 346 Application of Mr. Robert J. Del Sole for modifi- cation of Article IV Section 410 Schedule of Resi- dence District Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construction of a roofed porch at the front of the dwelling having a minimum side yard of 5.0 feet instead of the required minimum side yard of 10 feet on the premises located at 86 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 213 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Del Sole presented his application to the Board and stated that the house in its present condition is an eyesore. Mr. Del Sole said that since it is necessary to invest money he would like to con- : / * 73 struct the addition which he feels will beautify and enhance the house. The applicant said he intends to stucco the house all the way around and that the property was purchased about three years ago. Mr. Boraczek, 85 Valley Road, Mr. J. W. Dolen, 111 Valley Road, Mr. Philip Magnuson, 88 Valley Road, Mr. Kypar, 98 Valley Road and Mrs. Jennings of 14 Birchfield Road all examined the plan. Mrs. Lind- roth of 84 Valley Road who owns the adjacent prop- erty, also, asked to examine the plan. Mr. Lindroth had written a letter to the Board expressing his disapproval of the plan and said he felt additions built at the rear are less noticeable and generally there is more property available there. Mr. Paul Gifford Lip, 100 Valley Road and Mr. and Mrs. Michael Shepard of 96 Valley Road, also, sent correspondence expressing their disapproval. The neighbors expressed concern over whether there was any time limit as to when the work would have to be completed. Mr. Paonessa, the Building Inspec- tor pointed out that if the application was approved according to the Resolution the applicant must obtain a building permit within three months of the date of the filing of the Resolution with the Town Clerk and the permit is void if construction is not started within six (6) months and completed within two years of the date of the permit. The Board explained that Mr. Del Sole was not in violation in the front yard and the side yard is presently non-conforming. The Board pointed out that the house was built prior to the present Zon- ing Ordinance and the proposed addition will not extend any further than the existing dwelling. After further discussion the Board suggested that Mr. Del Sole speak to the neighbors and if he still felt he wanted to build according to his original plan he could come before the Board at its next meet- ing on October 27, 1971, but if he decided to add the porch and comply with the minimum side yard of 10 feet he could obtain a building permit without a variance. The Chairman asked the Secretary to read the next application. APPLICATION NO. 2 - CASE 347 Application of Mr. Gene Sogioka for modification of Article IV Section 455.2 Layout and Location of Off-street Parking Facilities of the Zoning Ordinance so as to allow the construction of an off-street parking area having 0' setback instead of the required minimum front line setback of 25 feet and the required minimum side line setback of 5 feet on the premises located at 49 Dillon Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 504 Parcel 598 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Sogioka presented his application to the Board and stated that he has to renew his lease for the right-of-way which is owned by Mr. Bryan Doherty. The applicant stated that his lease will only allow one car and his children have no place to park when they come. Mr. Sogioka said that his two neighbors have off-street parking areas in their front yards and the Board pointed out that they were probably there before the change in the Zoning. Mr. Wallace of 53 Dillon Road appeared before the Board and stated that he was sympathetic to the plight of Mr. Sogioka as there is no place to park but he preferred looking at the yard in its present condition instead of a parking area. The Chairman explained to Mr. Sogioka that accord- ing to the plan the parking area was not large enough for a regular car and would only accommodate a com- pact. Mr. Eggers said that part of the parking area was on Town property and the Board did not have the authority to give permission to use Town property. The Chairman advised Mr. Sogioka to write a letter to the Town Attorney requesting permission from the Town Board to construct part of the off- street parking area on Town property. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Topping - Aye The application was therefore granted subject to the approval of the Town Board for use of Town pro- perty and the following Resolution was duly adopted: WHEREAS, Mr. Gene Sogioka has submitted an application for a building permit to the Building Inspector for the construction of an off-street parking area at the front of the property 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 the Zoning Ordinance of the Town of Mama- roneck with particular reference to Article IV Section 455.2 Layout and Location of Off-street Parking Facilities of the Zon- i -7/ ing Ordinance which requires a minimum front line setback of 25 feet and a required minimum side line of 5 feet on the premises located at 49 Dillon Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 504 Parcel 598; and WHEREAS, Mr. Sogioka has submitted to this Board an application for a variance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1. The applicant has to renew his lease for the right-of-way which is owned by Mr. Doherty and according to his lease he is only allowed space for one car. 2. The applicant's children have no place to park when they come. WHEREAS, this Board has examined the plans, reviewed the application and heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board grants the ap- plication on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land and/or building for which a variance is sought, which circumstances and/or con- ditions are peculiar to such land and/or buildings in the district, and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. Because it is nec- essary for the appli- cant to lease the right- of-way and the owner only allows one car there is no other fac- ilities for off-street 1 7 C. parking available in the neighborhood or on the property. (c) That the granting of this variance will be 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 it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 455.2 be varied and modified so as to allow the construction of an off- street parking area at the front of the pro- • perty having a minimum front line setback of 0' instead of the required minimum front line setback of 25 feet and the required minimum side line setback of 5 feet on the premises located at 49 Dillon Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 598 in strict conformance with plans filed with this ap- plication and amended, subject to the fol- lowing condition, provided that the appli- cant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. That the applicants obtain per- mission from the Town Board to construct a portion of the off-street parking area on Town property. 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 date 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. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:15 P.M. • � G 6 - � tz -� Rita A. Johnson, Secretary ' ^' 77