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HomeMy WebLinkAbout1975_08_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD AUGUST 27, 1975, IN THE COURT HOUSE, 1201 PALMER AVENUE , TOWN OF MAMARONECK, LARCHMONT, NEW YORK. 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. Andrew W. Boraczek Mr. Egbert R. Hardesty Absent: Mr. E. Robert Wassman Mr. Lawrence G. Bodkin, Jr. Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meetings of June 25 and July 23, 1975 were presented and on motion duly made and seconded, ap- proved 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. Eggers explained to the applicants that because only three members were present their applications would have to be approved unanimously and they had the privilege of withdrawing their cases until another hearing. Both applicants agreed to have their applications heard at this meeting. The Chairman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 429 Application of Mr. George Carroll for modification of Article IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residential District so as to allow the construction of a porch at the rear of the dwell- ing having a side yard of 8.0 ft. instead of the minimum required side yard of 10 ft. on the premises located at 52 Fillside Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Parcel 130 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. Elmer Sepp of 3190 Ampere Avenue, Bronx, New York, the applicant' s contractor represented Mr. Carroll and stated that the existing stairs and platform were in need I of repair. Mr. Sepp said there no other place to put the door to go outside without remodeling the kitchen. It was pointed out that the proposed addition will not encroach any further into the side yard than the present structure and the house had been built under the old zon- ing ordinance and conformed at that time. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Eggers - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS , Mr. George Carroll has submitted an application to the Building Inspector to allow the construction of a porch at the rear of the dwelling having a side yard of 8.0 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 the Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article IV Section 410 Schedule of Residence District Regulations for an R-7. 5 Residential District which requires a minimum side yard of 10 ft. on the premises located at 52 Hillside Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Parcel 130; and WHEREAS, Mr. George Carroll has submitted an application to this Board for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons : 1 . The proposed addition will re- place an existing covered platform over stairs at the rear of the dwell- ing which is in need of repair. 2. There is no other place to lo- cate the rear entry door to go out- side. 3. The proposed addition does not encroach into the side yard any fur- ther than the present structure. 4. The dwelling was built under the old ordinance and conformed at that time. 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 and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows : 1 . The proposed addition will not encroach any fur- ther than the present struc- ture. 2. The proposed addition will replace an existing platform and stairs that are in need of repair. 3. The house was built under the previous zoning ordinance and conformed at that time. (c) That the granting of this vari- ance 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 District Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construction of a porch at the rear of the dwelling having a side yard of 8.0 ft. on the premises located at 52 Hillside Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 128 Parcel 130 in strict con- formance with plans filed with the application provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 70 I 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 the second ap- plication. APPLICATION NO. 2 - CASE 430 Application of Mrs. Helen C. Evangelist for modification of Article IV Section 410 Schedule of Residence District Regulations for an R-10 Residential District so as to allow the construction of a rear porch having a rear yard 18 ft. instead of the required minimum rear yard of 25 ft. on the premises located at 742 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 33 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Evangelist stated that their reason for wanting the screened porch was because there was no other place where they could sit outdoors because of the mosquitoes and bugs. It was pointed out that the proposed porch could not be built at any other location on the property because of the floor plan of the existing dwelling and without violating the Zoning Ordinance. Mr. Boraczek questioned as to whether the porch would 6eheated and Mr. Evangelist said no. Mr. Eggers asked if the applicants had discussed the plan with their neighbors and Mr. and Mrs. Evangelist said they had talked to some of them and there were no objections. Mr. Evangelist said that his neighbor who had formerly lived next door was the one who had suggested the idea to them of the screened porch. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Eggers - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mrs. Helen C. Evangelist has submitted an application to the Building Inspector to allow the construction of a rear porch having a rear yard of 18 ft. together with plans ; and J WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article IV Section 410 Schedule of Residence District Regulations for an R-10 Residential District which requires a minimum rear yard of 25 ft. on the premises located at 742 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 223 Parcel 33; and WHEREAS, Mrs. Helen C. Evangelist has submitted an application to this Board for a variance on the ground of practical difficulty and/or unnec- essary hardship for the following reasons : 1 . There is no existing screened outdoor living space. 2. Because of the location and floor plan of the dwelling there is no other place where the porch could be built. 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 and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows : 1 . The proposed addition will create an outdoor liv- ing area. 2. The proposed porch can only be located in the rear yard of the property. (c) That the granting of this vari- ance will be in harmony with the gen- eral purposes and intent of this Ordi- - nance and will not be injurious to the neighborhood or otherwise detri- mental 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 District Regu- lations for an R-10 Residential District of the Zoning Ordinance so as to allow the construc- tion of a rear porch having a rear yard of 18 ft. on the premises located at 742 Forest Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 33 in strict conformance with plans filed with the application 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 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 meet- ing it was adjourned at 8:30 P.M. .//‘ ( Rita A. Johnso , Secretary