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HomeMy WebLinkAbout1977_06_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JUNE 22, 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 8:15 P.M. ROLL CALL Present: Mr. E. Robert Wassman, Chairman Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore APPROVAL OF MINUTES The minutes of the meeting of May 25, 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. The Chairman asked the Secretary to read the application. APPLICATION NO. 1 - CASE 462 Application of Mr. and Mrs. Jerome Mouldovan for modifi- cation of Article VI Section 89-31 Subsection B (3) "Con- struction Requirements for an R-20 One Family Residence District" which requires a minimum rear yard of 40 ft. so as to allow the construction at the rear of dwelling of a raised wood deck having a rear yard of 25 ft. and a sun room having a rear yard of 35 ft. on the premises located at 17 Stonewall Lane and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 333 Parcel 674 on the grounds of practical difficulty and/or unnec- essary hardship. The Chairman asked Mr. Mouldovan to explain their hardship and the applicant said they would like to have a screened in area where they could eat outdoors. Mr. Mouldovan said they enjoy eating outdoors but because of the bugs it is impossible. The applicant said they also wanted to pro- vide a play area for their children outdoors. The Board questioned the applicants as to whether the room would be heated and Mr. Mouldovan said they had no inten- tion of providing heat. Mrs. Mouldovan pointed out that there had been a patio there when they had bought the house but it was in such a deplorable condition it was necessary to replace it. It was pointed out that the only entrance /Cs y out to the patio was through the house. The proposed addition will provide access to the kitchen and dining room. It was, also, pointed out that the house was built prior to the present zoning and is non-conforming having a rear yard of 35 ft. instead of the required 40 ft. Mr. Bodkin questioned as to whether they intended to add any extra lighting and Mr. Mouldovan said they did not expect to put in any more lighting as there is already a flood light in the rear yard. Mrs. Mouldovan said they intended to provide screening and the Board ruled that if the application is approved one of the conditions be that the room will not be heated. After further discussion the Board voted on the appli- cation and the result was as follows: Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. and Mrs. Jerome Mouldovan have submitted an application to the Building Inspec- tor to allow the construction of a raised wood deck at the rear of the dwelling having a rear yard of 25 ft. and a sun room having a rear yard of 35 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 Article VI Section 89-31 Subsection B (3) "Construction Requirements for an R-20 One Family Residence District" which requires a rear yard of 40 ft. on the premises located at 17 Stonewall Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Parcel 674; and WHEREAS, Mr. and Mrs. Jerome Mouldovan 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 . Proposed screened porch would provide outdoor eating area and play area for children. 2. Proposed porch would conform with existing lines of house and would not extend any further than the present structure. Igo 3. Proposed deck would provide easy access to porch from kitchen and dining room. 4. Approximate 3 ft. height would offer little obstruction to neigh- bors. 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 enclosed porch would not extend any further in the rear yard than the present dwelling. 2. The proposed deck will provide easy access to porch from the kitchen and dining room without major changes to the existing structure. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-31 Subsection B (3) "Con- struction Requirements for an R-20 One Family Residence District" would deprive the applicant of the reason- able use of the land and/or building and that the vari- ance as granted by this Board is a minimal adjust- ment that will accomplish this purpose. i 4. 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 89-31 Sub- section B (3) "Construction Requirements for an R-20 One Family Residence District" be varied and modified so as to allow the construction at the rear of the dwelling of a raised wood deck having a rear yard of 25 ft. and a sun room having a rear yard of 35 ft. on the pre- mises located at 17 Stonewall Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 333 Parcel 674 in strict con- formance with plans filed with this applica- tion subject to the following condition, pro- vided that the applicant complies in all other respects with the Zoning Ordinance and Build- ing Code of the Town of Mamaroneck. That no heat be provided in the proposed sun room. 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 9:00 P.M. /62, Rita A. Johns Secretary 7