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HomeMy WebLinkAbout1971_04_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS C OF THE TOWN OF MAMARONECK HELD APRIL 28, 1971, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD 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 Mr. George P. K. Ching Absent: Mr. Donald D. Geary, Jr. Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meetings of February 24, 1971 and March 24, 1971 were presented and on motion duly made and seconded, approved as submitted. (i; The Chairman announced that the application for Ken- tucky Fried Chicken would not be before the Board tonight and that all persons interested in the appli- cation would be heard at the next scheduled meeting. PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of pub- lication of the notice of hearing. Mr. Eggers asked the Secretary to read the first ap- plication. APPLICATION NO. 1 - CASE 339 Application of Mr. Joseph Pittera for modification of Article IV Section 445.1 "Building on Lots of Less than the Required Size" and Article IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construction of a one family dwell- ing on a lot having a frontage of 20 feet instead of the required minimum lot frontage of 75 feet on the premises located at 24 Lafayette Road and known (: on the Tax Assessment Map of the Town of Mamaroneck as Block 130 Parcel 239 on the grounds of practical difficulty and/or unnecessary hardship. tvr1 Mr. Peter D. Mosher, of 200A Myrtle Boulevard, Larch- mont, New York, Mr. Pittera's Attorney requested the application be held over until a full Board is present. The Chairman asked the Secretary to read the second application. APPLICATION NO. 2 - CASE 340 Application of Mr. and Mrs. Edwin Whitelaw for modi- fication of Article IV Section 410 Schedule of Resi- dence District Regulations for an R-20 Residential District so as to allow an addition to the existing enclosed porch having a minimum rear yard of 36 feet instead of the minimum rear yard of 40 feet and a total of both side yardsof 36 feet instead of the minimum required total of both side yards of 40 feet on the premises located at 5 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamar- oneck as Block 333 Parcel 1448 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Whitelaw spoke in reference to his application and said that his reason for requesting the variance is that at present the room which is used as a garden room or family room is too small. The applicant said he would like to enlarge the enclosed porch and have glass windows and sliding doors so it would be available for use as a family room in winter and screened area for summer time. Mr. Whitelaw stated that he is in the real estate business and it is necessary for him to entertain and they find the present room will only accommodate four comfortable chairs. The applicant said that the addition would only be going out two feet beyond the present garage which now extends out four feet from the existing porch. The Chairman pointed out that the side yard is pre- sently in violation but that the house had been built before the present Zoning Ordinance. The applicant stated that the proposed addition faces his adjoining property owner's garage so there would be no question of disturbing anyone. Mr. Whitelaw, also, said that when he purchased the house the porch was already enclosed. The Board pointed out that there were hemlocks and bushes planted along the property line and that the addition would not change the area. After further discussion a vote was taken on the application and the result was as follows: /6/ Commissioner Eggers - Aye Commissioner Wassman - Nay Commissioner Topping - Aye Commissioner Ching - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. and Mrs. Edwin Whitelaw have submitted an application to the Building Inspector to allow an addition to the exist- ing enclosed porch having a minimum rear yard of 36 feet and a total of both side yards of 36 feet 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 Mamaro- neck with particular reference to Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-20 Residential District of the Zoning Ordinance which re- quires a minimum rear yard of 40 feet and a minimum required total of both side yards of 40 feet on the premises located at 5 Wagon Wheel Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 333 Parcel 1448; and WHEREAS, Mr. and Mrs. Edwin Whitelaw have submitted to this Board an application for a variance on the ground of practical dif- ficulty and/or unnecessary hardship for the following reasons: 1. Proposed addition will not extend any further than the pre- sent building at the rear. 2. Addition will enlarge the present porch so it would be avail- able for use as a family room and a screened area for the sum- mer time. 3. The present room is too small for entertaining and will only accommodate four comfortable chairs. The applicant is in the real est- ate business and it is necessary for him to entertain. 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 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 have not resulted from any acts of the applicant sub- sequent to the date of the Zon- ing Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. The proposed ad- dition will not extend any further than the present building at the rear. 2. The house was built under the old Zoning Ordinance and the total of both sides are pre- sently non-conforming, but still greater than the minimum required side yard of 15 feet. 3. The proposed ad- dition will only ex- tend two feet beyond the existing garage. 4. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV Section 410 would deprive the applicant of the reasonable use of land and/or build- ings and that for these reasons the granting of the variance is necessary for the reason-. able use of the land and/or building and that the variance as granted by this Board is the minimum adjust- ment that will accom- plish this purpose. 5. That the granting of this variance is in harmony with the general purposes and intent of this Ordi- nance and will not be injurious to the neighborhood or other- wise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-20 Residential District of the Zoning Ordinance so as to allow an addition to the existing en- closed porch having a minimum rear yard of 36 feet and a total of both side yards of 36 feet on the premises located at 5 Wagon Wheel Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Parcel 1448 in strict con- formance with plans filed with this ap- plication and amended, provided that the applicant complies in all other respects 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 con- struction 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 8:30 P.M. Rita A. Johns , Secretary lZ�