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HomeMy WebLinkAbout1977_03_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 23, 1977, IN THE COURT HOUSE, 1201 PALMER AVENUE , LARCHMONT, NEW YORK. CALL TO ORDER In the absence of the Chairman, the meeting was called to order at 8:15 P.M. by the acting Chairman, Mr. Andrew W. Boraczek. ROLL CALL Present: Mr. Andrew W. Boraczek, Acting Chairman Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. E. Robert Wassman Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of February 23, 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. Boraczek explained to the applicants that because only three members were present their application would have to be approved unanimously and they had the privi- lege of having their application heard at another meet- ing without penalty. The Secretary was asked to read the application. APPLICATION NO. 1 - CASE 454 Application of Mr. and Mrs. Stanley I. Stern for modi- fication of Article VI Section 89-34 Subsection B (3) "Construction Requirements for an R-7. 5 Residential Dis- trict" which requires a minimum rear yard of 25 ft. so as to allow a two story addition and deck at the rear of the dwelling having a rear yard of 20 ft. on the pre- mises located at 25 Lookout Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Parcel 23 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Boraczek read a letter written by Mr. Stern, the applicant, in which Mr. Stern stated his reasons for requesting the variance. In the letter Mr. Stern said his primary reason for wanting the fourth bedroom and other facilities was to accommodate his mother who he anticipates will move in with them shortly, and he felt the addition was designed to maintain the continuity of the street without violating the front of the house. Mr. Stern further stated that they had been living in the area for the past 15 years, nine of which were in the dwelling in question and after looking at houses they could not find an adequate solution to their pro- blem in a price within their means. Mr. Stern said he felt his letter was self-explanatory and at present they had three bedrooms and one bath. Mr. Arthur Wexler of 17 Valley Road, an Architect, who drew the plans for the applicants said the house is a brick Colonial and the addition would match the existing construction. It was pointed out that the house is pre- sently non-conforming and the addition will increase the non-conformity by 1 ' 6". The Board questioned as to the proposed sliding door at the rear of the addition and after further discussion asked that should the application be approved would the applicant change the plan to show a window unit with the window sill at least 18" above the finished floor. Mr. and Mrs. Eugene Kraus of 33 Lookout Circle who are the next door neighbors of the Sterns both expressed their disapproval of the application and said they had lived in their house for 13 years. Mr. Kraus said he had spoken to the Sterns and looked at the plan. He stated that if the addition was allowed it would spoil his view from his second floor master bedroom. Mr. Kraus further said that he was concerned about losing some of his light, looking at a brick wall , and wondered if there was any other alternative. Mrs. Kraus said it would change the long standing feeling they had about living in the house. It was pointed out that Mr. Stern could build at the front of his house without a variance and Mr. Wexler said he had explored other possibilities but the suggested plan was the most feasible. Mr. and Mrs. Kraus, also, said they felt the addition would affect the resale of their home. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution duly adopted: WHEREAS, Mr. and Mrs. Stanley I. Stern have submitted an application to the Building Inspec- 1C I tor to allow the construction of a two story addition and deck at the rear of the dwelling having a rear yard of 20 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 89-34 Subsection B (3) "Construction Require- ments for an R-7.5 Residential District" which requires a rear yard of 25 ft. on the premises located at 25 Lookout Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Parcel 23; and WHEREAS, Mr. and Mrs. Stanley I. Stern have submitted an application for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons : 1 . The proposed addition will pro- vide an extra bedroom and bath to accommodate Mr. Stern's mother. 2. The addition will maintain the continuity of the street without violating the front of the house. 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, WHEREAS, this Board has requested the applicant amend the plan to show at the rear of the pro- posed addition a window unit with the window sill at least 18" above the finished floor in- stead of a sliding door, 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 conditions are as follows : 6/VC( 1 . That the proposed addi- tion will increase the non- conforming rear yard by only 1 ' 6" . 2. That the proposed addi- tion will maintain the exist- ing side property setback and the distance separation between dwellings will remain at approximately 28 feet. 3. That the 2 2 story addi- tion will conform to the height restrictions of the Zoning Ordinance. (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 VI Section 89-34 Subsection B (3) "Construction Requirements for an R-7.5 Residential District" so as to allow the construction of a two story addition and deck at the rear of the dwelling having a rear yard of 20 ft. on the premises located at 25 Lookout Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Parcel 23 in strict conformance with the plans filed with this application and amended 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 9:15 P. ,.._I Rifa A. Johnson, Secretary ( (//,