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HomeMy WebLinkAbout1973_02_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD FEBRUARY 28, 1973, IN THE COUN- CIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND 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. Donald D. Geary, Jr. Absent: Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector 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 applicant that because only three members were present the decision would have to be unanimous and the applicant had the pri- vilege of adjourning their application to another meeting without penalty. The applicant decided to have his case heard. The Chairman asked the Secretary to read the appli- cation. APPLICATION NO. 1 - CASE 373 Application of Mr. John J. Duerholz for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-6 Residential District so as to allow the construction of an addition to the existing garage having a front setback of 29.25 feet instead of the required minimum front setback 30 feet and a side yard of 6 feet instead of the required side yard of 8 feet on the premises located at 7 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Parcel 161 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Frank W. Santillo, an Architect of 180 South Broadway, White Plains, New York, represented the applicant and stated that there was a slight error on the plan that he had submitted with the applica- tion to the Zoning Board. Mr. Santillo said he had called Mr. Paonessa and had been advised to bring in the new plan at the time of the meeting. Mr. Santillo, also, stated that the plan submitted with the application showed the existing garage to be 19' and after he had checked the dimensions he found the garage to be 19'8". The Chairman pointed out that the revised plan did not change the request for the variance regarding the front or side yard setbacks and he would accept the new plan. Mr. Santillo, also, said that he was aware the Duer- holz's had completed the extension and were in viola- tion but he had been called in "after the fact". Mr. Santillo further stated that Mr. Duerholz's car is 18'4" and did not fit in the old garage. The Board pointed out that the front setback will not encroach any further than it does at present and the side yard conformed at the time the house was built under the old zoning. Mr. Eggers asked the applicant when the toilet facilities had been put in the garage which because of the existing plumb- ing cannot be extended in the rear. Mr. Duerholz said that the toilet was there when he purchased the house in 1953 and due to the depth of the exist- ing garage he was unable to close the garage door and the car was exposed to inclement weather and animals. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. John Duerholz has submitted an application for a building permit to the Building Inspector to allow the con- struction of an addition to the existing garage 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 410 Schedule of Residence Dis- trict Regulations for an R-6 Residential District of the Zoning Ordinance which requires a minimum front setback of 30 feet and a minimum side yard of 8 feet on the premises located at 7 Edgewood Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Parcel 161; and WHEREAS, Mr. John Duerholz has submitted to this Board an application for a vari- ance on the ground of practical difficulty and/or unnecessary hardship for the fol- lowing reasons: 1. Because the old garage was not long enough the applicant is unable to close the garage door. 2. There is presently a toilet at the rear of the garage and because of the existing plumb- ing the garage cannot be extended in the rear. 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 buildings 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. That the proposed addition would not project into the front and side yard any fur- ther than the exist- ing dwelling. 2. Because of the location of the exist- ing plumbing the gar- age cannot be extended in the rear. 3. The garage as built was too short for the present day cars and the applicant could not close his garage door. (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 410 Schedule of Residence Dis- trict Regulations for an R-6 Residential District of the Zoning Ordinance be varied and modified so as to allow the construc- tion of an addition to the existing gar- age having a minimum front setback of 29.25 feet and a minimum side yard of 6 feet on the premises located at 7 Edgewood Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Parcel 161 in strict conformance with plans filed with this application provided that the applicant complies in all other'res- pects with the Zoning Ordinance and Build- ing 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 build- ing permit shall be void if construction is not started within six months and com- pleted 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. Johnson, Secretary (