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HomeMy WebLinkAbout1977_08_31 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD AUGUST 31 , 1977, 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 8:20 P.M. ROLL CALL Present: Mr. E. Robert Wassman, Chairman Mr. Andrew W. Boraczek Mr. Peter G. Moore Absent: Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of July 27, 1977 were presented and on motion duly made and seconded, approved 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. Wassman explained to the applicants that because there were only three members present their application would have to be approved unanimously and they had the privilege of having their application heard at another meeting with- out penalty. The Chairman asked the Secretary to read the application. APPLICATION NO. 1 - CASE 465 Application of Mr. and Mrs. Kentaro Ikeda for modification of Article VI Section 89-32 Subsection B (1 ) "Construction Requirements for One Family Residence District R-15" which requires a minimum front yard setback of 40 ft. so as to allow the construction of additions and alterations at the front of the dwelling having a front yard setback of 34 ft. on the premises located at 11 Devon Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Parcel 85 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Ikeda presented his application to the Board and said that his reasons for wanting the variance was to provide a private studio for his wife who is an artist. The ap- plicant stated that he intended to change the wooden shingles on the front of the house to stone facing which he feels C will enhance the appearance of the dwelling. Mr. Ikeda further said that the present structure provides a living space, small dining area and a kitchen on the first floor with three bedrooms on the second floor with no space for a studio working area for Mrs. Ikeda. The applicant, also, said that there was no other location for the addition as the lot slopes to the dwelling at the rear of the present house and the cost would be a lot more plus accessibility would be difficult. Mr. Boraczek questioned as to who owned the reserved strip shown on the plot plan and Mr. Paonessa said that the strip was owned by Mr. Ikeda. The Board, also, questioned as to whether the reserved strip was included in the proposed 34 ft. setback and Mr. Paonessa replied that the strip was part of the 40 ft. setback of the present structure. After further discussion a vote was taken on the applica- tion and the result was as follows: Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Kentaro Ikeda have sub- mitted an application to the Building Inspec- tor to allow the construction of additions and alterations at the front of the dwelling hav- ing a front yard setback of 34 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 VI Section 89-32 Subsection B (1 ) "Construction Requirements for One Family Residence District R-15" which requires a front yard setback of 40 ft. on the premises located at 11 Devon Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 404 Parcel 85; and WHEREAS, Mr. and Mrs. Kentaro Ikeda have sub- mitted an application to this Board for a vari- ance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1 . The applicant wants to provide a private studio/working space for his wife who is an artist. 2. The applicant proposes to enhance and beautify the front of the dwell- ing by changing the wooden shingles to York Stone face. 3. The present structure provides a living space, small dining area and a kitchen on the first floor with three bedrooms on the second floor with no studio/working space. 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 provide a studio and working space for Mrs. Ikeda who is an artist. 2. The proposed location for the addition is the only feasible site as the lot slopes to the dwelling at the rear of the present house and would be too ex- pensive and the accessibility would be difficult. 3. The proposed additions and alterations will enhance the appearance of the house. 4. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-32 B (1 ) "Construction Requirements for One Fam- ily Residence District R-15" would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimal adjustment that will accomplish this pur- pose. 5. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance 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 and that Article VI Section 89-32 Sub- section B (1 ) "Construction Requirements for One Family Residence District R-15" be varied and modified so as to allow the construction of additions and alterations at the front of the dwelling having a front yard setback of 34 ft. on the premises located at 11 Devon Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Parcel 85 in strict conformance with plans filed with this application provided that the applicant complies in all other respects with the Zon- ing 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 8:45 P.M. - , Rita A.t Johnson, Secretary