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HomeMy WebLinkAbout1973_07_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 25, 1973, IN THE AUDITOR- IUM 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 8:25 P. M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. Andrew W. Boraczek Absent: Mr. E. Robert Wassnan Mr. Donald D. Geary, Jr. Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Insrector PUBLIC HEARING The Chairman declared the hearing oven and the Sec- retary presented for the record the affidavit of publication of the notice of hearing. At the meeting of the Zoning Board on August 22, 1973, the Chairman explained the two aprlications to Mr. Hardesty who was absent at the July 25, 1973 meeting and presented Commissioner Hardesty with a draft of the minutes of the meeting_. After con- ferring with Mr. Eggers, Mr. Fardesty approved both applications. The Chairman asked the SecretA-y to read the first application. APPLICATION NO. 1 - CASE 389 Application of Mr. and Mrs. John Freitag for modi- fication of Article IV Section 410 Schedule of Resi- dence District Regulations for an R-lO Residential District so as to allow the construction of additions and alterations to the existing porch at the rear of the dwelling having a rear yard of 23.5 feet in- stead of the required minimum rear yard of 25 feet on the premises located at 755 Forest Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 220 Parcel 341 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Freitag presented his apnlication to the Board and stated that they wanted to enlarge their present kitchen so they would have enough room for the en- tire family to eat there at one time. The applicant said that they have three children and at rresent they do not have enough room to all eat at the same Tc time. It was pointed out that a porch is already there and the proposed structure will not be going out any further in the rear than it is at present. It was, also, pointed out that the enclosed porch was constructed before the change in zoning and con- formed to the yard requirements at the time it was built. After further discussion a vote was taken on the an- nlication and the result was as follows: Commissioner Eggers - Aye Commissioner Boraczek - Aye Commissioner lardesty - Aye The application was therefore granted and the follor- int, Resolution duly adopted: WHEREAS, Mr. and Mrs. John Freitag have submitted an application for a building permit to the Building Inspector for the construction of additions and alterations to the existing porch at the rear of the dwelling having a rear yard of 23.5 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 Mama- roneck with particular reference to Arti- cle IV Section 410 Schedule of Residence District Regulations for an P-10 Residen- tial District of the Zoning Ordinance which requires a minimum rear yard of 25 feet on the premises located at 755 Forest Ave- nue and known on the Tax Assessment Map of the Town of. "amaroneck as Block 220 Parcel 341; and WHEREAS, Mr. and *'rs. John Freitag have submitted to this Board an application for a variance or. the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Present kitchen is too small to accommodate the family of five. 2. Proposed addition will not encroach any further on the existing rear yard. WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application • ;J after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the application on the following grounds; (a) That there are special cir- cumstances and/or conditions as follows: 1. That the addition would not reduce the existing size of the usable rear yard. 2. 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 the land and/or buildings and that for these reasons the granting, of the vari- ance is necessary for the reasonable use of the land and/or building and that the variance as granted by this Board is the minimum adjustment that will accomplish this purpose. 3. That the granting of this variance is in harmony with the general purposes and intent of this Ordi- nance and will not be incurious to the neighborhood or other- wise detrimental to the public welfare; and it is 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 Hermit shall be void if con- struction is not started within six months and comnleted within two Years of the date of said hermit. 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 the next annlication. APPLICATION NO. 2 - CASE 390 Anplication of Mr. and Mrs. Donald D. Torev for modi- fication of Article IV Section 410 Schedule of Resi- dence District Regulations Note "A" which requires that on a corner lot a front Yard of 30 ft. be pro- vided from each street, so as to alloy the construc- tion of an addition to a dwelling located on a cor- ner lot having a front setback of 20 ft. more or less from Rockland Avenue instead of the renuired 30 ft. on the premises located at 54 Sheldrake Avenue and known on the Tax Assessment man of the Town of Mama- roneck as Block 221 Parcel 397 on the grounds of nrac- tical difficulty and/or unnecessary hardship. Mr. and Mrs. Donald Torey rresented their annlication to the Board and stated that their hardshin was in the fact that there was no other place to locate the proposed addition. The applicants said that their two children were now teenagers and they needed more room. Mr. and Mrs. Torev_ said that the addition would be used as a den and they had purchased the house about 16 years a^o. The Chairman questioned about the finish of the ad- dition and the applicant said that the shingles would match the garage. Mr. and Mrs. Torev, also, stated that the slate roof would match the existing roof and the roof would be even with the front of the house. After further discussion a vote was taken on the an- plication and the result was as follows: Commissioner Eggers - Ave Commissioner Boraczek - Ave Commissioner Hardesty - Ave The application was therefore granted and the follow- ing Resolution duly adopted: WHEREAS, Mr. and Mrs. Donald D. Torey have submitted an application for a build- ing permit to the Building Inspector for the construction of an addition on a cor- ner lot having a front setback of 20 feet more or less from Rockland Avenue 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 Ar- ticle IV Section 410 Schedule of Residence District Regulations Note "A" which re- ouires a minimum front setback on a cor- ner lot of 30 ft. on each street on the premises located at 54 Sheldrake Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Par- cel 397; and WHEREAS, Mr. and Mrs. Donald D. Torey 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. There is no other place to locate the proposed addition due to the location of the build- ing on the corner lot. 2. Because the applicant's children are now teenagers they need more room. WHEREAS, this Board has examined the rlans, 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 application 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- seauent to the date of the Zon- ing Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. There is no other place for the addition due to the location of the dwelling on the corner lot which restricts usable build- ing area. 2. The proposed addi- tion will provide an extra room to be used for a den. 3. That said circum- stances or conditions are such that the nar- ticular application of the Ordinance with respect to Article IV Section 410 would deprive the applicant of the reasonable use of the land and/or buildings and that for these reasons the granting of the var- iance is necessary for the reasonable use of the land and/ or building and that the variance as granted by this Board is the minimum adjustment that will accomplish this purpose. 4. That the granting of this variance is in harmony with the general nurnoses and intent of this Ordi- nance and will not be incurious 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 TV Section 410 Schedule of Residence Dis- trict Regulations Note "A" of the Zoning Ordinance so as to allow the construction of an addition to a dwelling located on a corner lot having a front setback of 20 ft. more or less from Rockland Avenue on the premises located at 54 Sheldrake Avenue and known on the Tax Assessment *tan of the Town of Afamaroneck as Block 221 Parcel 397 in strict conformance with plans filed with this application provided that the applicant comnlies in all other respects with the Zoning Ordinance and 7 Building Code of the Town of "amaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted . the annlicant shall obtain a building permit within three ronths 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 corrleted within two years of the date of said Hermit. 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 reeting it was adjourned at 8:40 P.M. / 41t)L;/•(...--'''' .-- -Cit - (----1C-Ae--- -71•-• Rita A. Johnson, Secretary C