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HomeMy WebLinkAbout1974_12_10 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD DECEMBER 10, 1974, 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. E. Robert Wassman Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Absent: Mr. Lawrence G. Bodkin, Jr. 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 asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 414 Application of Myrtle Boulevard Corp. for modification of Article IV Section 455. 1 of the Zoning Ordinance which requires that off-street parking facilities be located on the same lot as the building or use to allow the de- velopment of an off-street parking facility on separate lots within 500 ft. of an existing structure on the pre- mises located at 5 Madison Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcels 435 and 458 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. A. J. Steinthal , President of the Myrtle Leasing Corp. , the applicant and Mrs. Assunta Casciaro, the owner of the property in question appeared before the Board. Mr. Steinthal said that the reasons for the variance were stated in his application and there was no other property available for their use. The Chairman pointed out that the building owned by Mr. Steinthal at 200 Myrtle Boulevard covers the lot completely and was originally a Cadillac Car Agency. Mr. Steinthal said that the building is now used strictly for business and the proposed lots that they want to make available for parking are partially paved and have been used for parking for over 20 years. The two parcels in question will provided for 39 parking spaces. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye The application was therefore approved and the follow- ing Resolution duly adopted: WHEREAS, Mr. A. J. Steinthal , President of the Myrtle Leasing Corp. has submitted an applica- tion to the Building Inspector for a building permit to allow the development of an off-street parking facility on separate lots within 500 ft. of an existing structure 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 455. 1 which requires that off-street parking facilities be located on the same lot as the building or use on the premises located at 5 Madison Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcels 435 and 458; and WHEREAS, Mr. A. J. Steinthal , President of the Myrtle Leasing Corp. has submitted to this Board an application for a variance on the grounds of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . It is necessary to provide off- street parking for the applicant's tenants. 2. There is no provision for off- street parking on the lot because the building covers the land completely. 3. The proposed facilities will be located within 80 ft. of the build- ing. WHEREAS , this Board has examined the plans , re- viewed 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 this applica- tion on the following grounds : (a) That there are special circumstances and condition applying to the land and/or 41`.9 building for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows : 1 . A portion of the pro- posed parcels has already been developed and used for parking for over 20 years. 2. It is necessary for the applicant to provide off-street parking for his tenants and because the building on the lot covers the land completely there is no room for off-street parking. 3. The proposed off-street parking will be located within 80 ft. of the build- ing. (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 455. 1 of the Zoning Ordinance so as to allow the development of an off-street park- ing facility on separate lots within 80 ft. of an existing structure on the premises located at 5 Madison Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 132 Parcels 435 and 458 in strict conformance with the plans filed with this application pro- vided that the applicant complies in all other respects 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 building permit shall be void if /GI6 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 415 Application of Gainsborough Realty Co. for modification of Article IV Section 410 Schedule of Permitted Uses in a "B" Business District of the Zoning Ordinance which does not permit residential buildings in a Business Dis- trict so as to allow the construction of a three car resi- dential garage as an accessory use to a multi-family dwell- ing on the premises located at 6 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 73 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Edward J. Egan of 25 Park Avenue, New York represented the applicant and stated that his client wanted to provide garage space for the tenants of the multi-family house who now leave their cars in the open. Mr. Egan said that they felt the garage would enhance the appearance of the property and the proposed building was next to a gas sta- tion. Mr. Eggers pointed out that the continued use of the sub- ject property for residential purposes was against his better judgment and he would like to see the entire area used for commercial purposes. The Board pointed out that it would be the continuance of a non-conforming use and when the zoning was changed in 1959 the Town zoned the subject property for business. A question was raised by Board members as to the lot cover- age of the proposed garage and it was pointed out that the garage will cover over 25% of the property. Mr. Wass- man asked if the Board could have a short recess to dis- cuss the application. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Nay Commissioner Boraczek - Aye Commissioner Hardesty - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Gainsborough Realty Co. has submitted an application to the Building Inspector for a building permit to allow the construction of a three car residential garage as an accessory use to a multi-family dwelling 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 Permitted Uses in a "B" Business District on the premises located at 6 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 73; and WHEREAS, Gainsborough Realty Co. has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . To improve the appearance of the property. 2. To provide garage space for tenants who now have to leave their cars in the open. 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 aforesaid circumstances and/or conditions are as follows : 1 . The proposed garage will provide garage space for the tenants of a multi- family house who now leave their cats in the open. 2. The proposed structure I will comply with area require- ments for accessory structures. 3. The variance is necessary because residential structures are not permitted in a Business District. 4. That said circumstances or conditions are such that the particular application of this Ordinance with respect to Article IV Section 410 Schedule of Per- mitted Uses in a "B" Business District would deprive the ap- plicant of the reasonable use of the land and/or building and that for these reasons the grant- ing of the variance is necessary for the reasonable use of the land and/or buildings and that the variance as granted by this Board is the minimum adjustment that will accomplish this pur- pose. 5. That the granting of this variance is 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 Permitted Uses in a "B" Business District so as to allow the con- struction of a three car residential garage as an accessory use to a multi-family dwelling on the premises located at 6 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 73 in strict conformance with plans filed with this appli- cation 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. The Chairman asked the Secretary to read the last appli- cation. APPLICATION NO. 3 - CASE 416 Application of Mr. Daniel Ward for modification of Article IV Section 410 Schedule of Residence District Regulations for an R-10 Residential District of the Zoning Ordinance so as to allow the construction of an addition at the front of the dwelling having a front setback of 27.5 feet instead of the required minimum front setback of 30 ft. on the premises located at 5 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 183 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Arnold Wile of 34 Marble Avenue, Pleasantville , New York, who is Mr. Ward' s Architect, represented the appli- cant and stated that they were not extending any further than at present. Mr. Wile said that the entrance at pre- sent leads directly into the living room and the applicant is constantly getting cold air causing discomfort and wasteful fuel consumption. Mr. Ira Rose of 385 Weaver Street, who is the only property owner that will be directly affected by the addition stated he thought the proposed extension would be an improvement. After further discussion a vote was taken on the applica- tion and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. Daniel Ward has submitted an ap- plication to the Building Inspector to allow the construction of an addition at the front of the dwelling having a front setback of 27.5 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 Zon- ing Ordinance 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 front setback of 30 ft. on the pre- mises located at 5 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mama- roneck as Block 219 Parcel 183; and WHEREAS, Mr. Daniel Ward has submitted an ap- plication to this Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . To allow the addition of a new vestibule which is necessary to pre- vent cold air from entering directly into the living room causing discom- fort and wasteful fuel consumption. 2. The addition will not be extend- ing any further than the present build- ing. WHEREAS, this Board has examined the plans , re- viewed 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 applica- tion on the following grounds : (a) That there are special circumstances and conditions applying to the land and/or building for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant 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 vestibule to prevent cold air from entering directly into the living room and prevent discomfort and wasteful fuel consumption. 2. The proposed addition will not encroach any fur- ther than the existing build- ing. (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-l0 Residential District of the Zoning Ordinance so as to allow the construc- tion of an addition at the front of the dwell- ing having a front setback of 27.5 feet on the premises located at 5 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mama- roneck as Block 219 Parcel 183 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. 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. t , r,_ Rita A. Johnson, Secretary i C,Cv