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HomeMy WebLinkAbout1979_05_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MAY 23, 1979, 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. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. Andrew W. Boraczek Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of April 25, 1979 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 informed the Board and those present that the first item on the agenda was the application of Mr. Robert M. Riley which had been adjourned from the meet- ing of April 25, 1979 because only three members were present. The Chairman asked the Secretary to read the notice. CASE 504 Application of Mr. Robert M. Riley for modification of Article VI Section 89-34 Subsection B (2) & (3) "Construc- tion Requirements for an R-7.5 One Family Residence Dis- trict" to allow the construction of a wood deck at the rear of the property having a side yard of 7 ft. instead of the minimum required side yard of 10 ft. and a rear yard of 16 ft. instead of the minimum required rear yard of 25 ft. on the premises located at 2 Homer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 1 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. Riley had written a letter to the Board, which was presented by Mr. Richard J. Horsman, a Landscape Archi- tect of 28 Brookdale Place, Rye. In his letter, Mr. Riley said that because of personal business he was unable to attend the meeting and had designated Mr. Horsman to rep- resent him. Mr. Horsman presented the Board with a more detailed plan of the proposed deck. It was pointed out that the plan showed no change in dimensions but had more detail . Mr. Horsman said the proposed location would provide easier access to the kitchen and living areas and because of the shrubs and shade trees there is a portion of the yard that is always wet. Mr. Bodkin asked how the proposed deck would be effected if there was a heavy rain and it was pointed out that the deck was high enough and the water would not reach it. Mr. Wassman pointed out that because of the proximity of the entrance to the basement the deck could not be moved over. Mr. Moore expressed concern over the railing and asked that the depth of the foundation and railing conform with the Building Code. Mr. Horsman said they intended to paint the deck white or off-white to match the house. After further discussion a vote was taken and the result was as follows: Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. Robert M. Riley has submitted an application to the Building Inspector to allow the construction of a wood deck at the rear of the property having a side yard of 7 ft. and a rear yard of 16 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 89-34 Subsection B (2) "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. and a rear yard of 25 ft. on the pre- mises located at 2 Homer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 1 ; and WHEREAS, Mr. Robert M. Riley 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 . Because the dwelling is located on a corner lot it restricts the use of the land. 2. The proposed deck will be located at the rear of the living room. 3. The rear yard is shallow and the proposed deck will be approximately 2'0" above grade . 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 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 . Due to the topography of the lot which has a shallow rear yard the proposed deck could not be placed in any other location. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 Subsection B (2) "Con- struction Requirements for an R-7.5 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is a minimal adjustment that will accomplish this purpose. 3. 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 pub- lic welfare ; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Sub- section B (2) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to allow the construction of a wood deck at the rear of the property hav- ing a side yard of 7 ft. and a rear yard of 16 ft. on the premises located at 2 Homer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 1 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 first ap- plication. APPLICATION NO. 1 - CASE 506 Application of Mr. and Mrs. Frederick Claar for modifi- cation of Article VI Section 89-31 Subsection B (1 ) "Con- struction Requirements for an R-20 One Family Residence District" which requires a minimum front setback from both streets of 40 ft. on a corner lot to permit the construction of an addition creating a front yard set- back of 35 ft. more or less from Stonewall Lane on the premises located at 23 Stonewall Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Parcel 723 on the grounds of practical difficulty and/or unnecessary hardship. Mrs . Claar presented her application to the Board and said that the front of her house faced an unimproved street. The applicant said that her kitchen faces Stone- wall Lane and is small . Mrs. Claar said she wanted to expand her kitchen and dining area and make her kitchen more usable. Mr. Bodkin questi'an ed about the location of the addition and said it looked like a "bump" stick- ing out. Mrs . Claar said that most of the houses in that area had that arrangement with a side door. Mr. Bodkin, also, asked as to whether the addition could be put at the rear but Mrs. Claar said it would not be feasible as she would have to move her kitchen. After further discussion a vote was taken and the result was as follows: Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Frederick Claar have sub- mitted an application to the Building Inspector to permit the construction of an addition creat- ing a front yard setback of 35 ft. more or less from Stonewall Lane 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 Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article VI Section 89-31 Subsection B (1 ) "Construction Requirements for an R-20 One Family Residence District" which requires a minimum front setback from both streets of 40 ft. on a corner lot on the premises located at 23 Stonewall Lane and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 333 Parcel 723; and WHEREAS, Mr. and Mrs . Frederick Claar have sub- mitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1 . Present kitchen is in need of remodeling and additional storage and eat in space is needed for the size of the family. 2. No other possible area of exten- sion is possible. 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- (1 © dy 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 function best in the location suggested. 2. The proposed addition will provide a needed larger eating space. (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 and that Article VI Section 89-31 Sub- section B (1 ) "Construction Requirements for an R-20 One Family Residence District" be varied and modified so as to allow the construction of an addition creating a front yard setback of 35 ft. more or less from Stonewall Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Parcel 723 in strict conformance with plans filed with this applica- tion 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 next appli- cation . APPLICATION NO. 2 - CASE 507 Application of Mr. and Mrs. Paul Hoffmann, Jr. for modi- Is fication of Article VI Section 89-32 Subsection B (2) a & b "Construction Requirements for an R-15 One Family Residence District" which requires a minimum side yard of 10 ft. and a total of both yards of 30 ft. to allow the construction of a two story addition at the easterly side of the dwelling maintaining a side yard of 5 .5 ft. more or less and a total of both side yards of 12 ft. on the premises located at 69 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Parcel 617 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. and Mrs . Hoffmann, Jr. were represented by their Architect, Mr. Robert Crozier of 41 Elm Place, Rye . Mr. Crozier stated that the addition will not encroach on the side yard any more than at present and the house is not large enough for the applicant's family. Mr. Crozier said that the house is old and was built before zoning. Mr. Crozier further stated that the basement is not adequate to use for a family room and the living room has a Cathedral ceiling making it impossible to add rooms above. Mr. Crozier, also, said that the addition will provide two additional bedrooms, family room and bath and that presently the Hoffmanns have two average size bedrooms and one small bedroom located over the existing kitchen and dining room. In conclusion, Mr. Crozier said that they had explored other possibilities but if the addi- tion was behind the living room it would effect the light and air in the living room and cut off any access to the rear yard and would not provide enough area for the required bedrooms and bath. The Board questioned as to the size of the addition and why it couldn' t be located on the westerly side. It was pointed out that there was a sunporch and that at present the only way to the garage was to go outside. Mr. Hoffmann said that they had moved to Howell Park and rather than move again they wanted to add on to the house. Mr. Hoffmann, also, said that the sun room and living room was approximately 55% of the house. The Hoffmanns presently have two children and Mrs . Hoffmann said that they did not want the family room in the base- ment because the stairs were too steep and too dangerous for the children. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Wassman - 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 . Paul Hoffmann, Jr. have submitted an application to the Building In- spector to allow the construction of a two story addition at the easterly side of the dwelling maintaining a side yard of 5.5 ft. more or less and a total of both side yards of 12 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 89-32 Subsection B (2) a & b "Con- struction Requirements for an R-15 One Family Residence District" of the Zoning Ordinance which requires a minimum side yard of 10 ft. and a total of both yards of 30 ft. on the premises located at 69 Carleon Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 404 Parcel 617; and WHEREAS, Mr. and Mrs . Paul Hoffmann, Jr. have submitted an application for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons : 1 . Mr. and Mrs . Hoffmann are expect- ing another child and need an additional bedroom and playroom for their child- ren. 2. Existing residence has only two average size bedrooms and one small bedroom all located over existing kit- chen and dining room. 3. Living room has Cathedral ceiling which precludes adding rooms over it without changing the character and charm of the home. 4. Investigation was made to (construct the family room and bedrooms to the west of the kitchen and behind the living room but this would affect the light and air of the living room and would cut off any access to the rear yard from the living room. 5. If the addition was made to the west of the kitchen it would not pro- vide enough area on the 2nd floor for the required bedrooms and bath . WHEREAS, this Board has examined the plans, re- viewed the application and has Beard 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 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 . Due to the layout of the dwelling the addition cannot be provided in any other location. 2. The addition will not encroach any further on the side yard than at present. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-32 Subsection B (2) "Con- struction Requirements for an R-15 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is a minimal adjustment that will accomplish this purpose . 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 pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-32 Sub- section B (2) a & b "Construction Requirements for an R-15 One Family Residence District" be varied and modified so as to allow the con- struction of a two story addition at the eas- y terly side of the dwelling maintaining a side yard of 5 .5 ft. more or less on the premises located at 69 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Parcel 617 in strict conformance with plans filed with this application provided that the applicant complies in all other res- pects 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 next ap- plication . APPLICATION NO. 3 - CASE 508 Application of Mr. and Mrs . John Leoce for modification of Article IV Section 89-20 Subsection C (3) "Permitted Uses in an R-20 Residential District" subject to the Building Code requirements which does not permit family swimming pools in the front or side yard of residential property to allow the construction of a family swimming pool to project into the side yard of the property having a front setback of 44 ft. instead of the required set- back of 85 ft. more or less on the premises located at 12 Isabelle Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Parcel 202 on the grounds or practical difficulty and/or unneces- sary hardship . Mr. Leoce presented his application to the Board and said their hardship was "rock" . The Leoces had obtained a permit to build the pool in the rear yard but when the contactor had started the job they discovered ledge rock which prevented them from placing the pool in that location. The proposed new location is the only pos- sible place that the pool could be located without ex- treme expense. The applicants feel that an above-ground pool is not conducive to the area which is highly resi- dential . The applicants plan to landscape in the front and side of the pool so that it will not be visible from the street. Mr. Leoce, also, presented the Board with a letter from Mr. and Mrs . Nickles , who are the adjacent property owners stating that they had no objec- tion to the applicaticn. In addition , Mr. Leoce pre- sented the Board with a petition signed by several of the neighbors approving the application . After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Wassman - 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 . John Leoce have submitted an application to the Building Inspector to allow the construction of a family swimming pool to project into the side yard of the pro- perty having a front setback of 44 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 IV Section 89-20 Subsection 3 "Permitted Access- ory Uses in an R-20 Residential District" sub- ject to the Building Code requirements which does not permit family swimming pools in the front or side yard of residential property on the premises located at 12 Isabelle Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Parcel 202; and WHEREAS, Mr. and Mrs . John Leoce have submitted an application to the Board for a variance on the ground of practi cal difficulty and/or un- necessary hardship for the following reasons: 1 . After original permit was issued for the pool in the rear the appli- cants discovered that ledge rock pre- vented them from placing the pool in that location . 2 . The proposed location is the only possible place that the pool could be located without extreme expenses . 3. The applicants feel that an above- ground pool is not conducive to the area which is highly, if not totally residential . 4. The applicants plan to landscape the front and sides of the pool so it will not be visible from the street. 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 . Because of the topography of the land the proposed location is the only possible place that the pool can be located. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article IV Section 89-20 Subsection C (3) "Per- mitted Accessory Uses in an R-20 Residential District" 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. 3. That the granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the public welfare; and it is FURTHE RESOLVED, that a variance is hereby granted and that Article IV Section 89-20 (3) "Permitted Accessory Uses in an R-20 Residential District" subject to the Building Code requirements be varied and modified so as to allow the con- struction of a family swimming pool to project into the side yard of the property having a front setback of 44 ft. on the premises located at 12 Isabelle Lane and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 330 Parcel 202 in strict conformance with plans filed with this 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. The Chairman asked the Secretary to read the next appli- cation . APPLICATION NO. 4 - CASE 509 Application of Mr. and Mrs . Steven Jacobson for modifi- cation of Article VI Section 89-30 Subsection B (2) a&b "Construction Requirements for a One Family R-30 Residen- tial District" which requires a minimum side yard of 20 ft. and a total of both side yards of 50 ft. to allow the construction of a one story addition at the easterly side of the dwelling having a side yard of 0 ft. and a total of both side yards of 43.87 ft. on the premises located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509 Parcel 86 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Roger Sirlin, an Attorney of 211 Mamaroneck Avenue, represented the applicants, Mr. and Mrs . Steven Jacobson and said that he had represented the applicants when they applied to the Planning Board for a subdivision of the former Revson property. Mr. Sirlin stated that the Jac- obsons had purchased what was the guest house and one of the conditions of the subdivision was that the Blanks who purchased the main house and the Jacobsons show sep- arate driveways with the construction of a driveway with access to the premises within two years of the date of approval . In the interim, reciprocal easements were entered into between the Jacobsons and the Blanks for the use of each others driveways and portions of land. The applicants now seek to fulfill their promises to the Planning Board and after retaining professional help to recommend the proper location of the driveway and carport or garage it was determined that the only feasible side of the property where construction could be attached is on the easterly side . Because of the layout of the kit- chen facilities and the present entrance which is on the easterly side the proposed location is the most feasible. Mr. Sirlin presented the Board with a letter from Mrs . Blank in which she said she had no objection to the grant- ing of a variance permittinga carport to be built on the property line which she assumes is about 10 ft. beyond the edge of her driveway in the direction of the Jacob- son house. Mrs. Blank, also,said in her letter that to prevent construction over the property line she would appreciate it if that line could be staked out in advance. After the Board discussed the application they suggested that Mr. Sirlin confer with Mr. Jacobson, who was out of Town at the time of the meeting and the Architect, who was not able to attend the meeting , to see if the proposed carport or garage could not be located in a dif- ferent site which would not violate the Zoning. The ap- plication was adjourned to the next meeting in June. The Chairman asked the Secretary to read the last appli- cation. APPLICATION NO. 5 - CASE 510 Application of Mrs . Mary Zavaglia for modification of Article IV Section 89-20 Subsection A (1 ) "Permitted Uses in an R-7.5 Residential District" which only permits one family dwellings and Article X Section 89-56 Subsection A "Non-conforming Use of Buildings" which does not per- mit additions to structures which do not conform to the use regulations for the district in which they are located to allow the construction of a one story addition to the northerly side of the dwelling on the premises located at 156 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 208 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. Attilio Zavaglia, represented his mother, who is the owner of the property. Mr. Zavaglia said he and his wife and three children occupy one apartment in the house and his mother and father who are elderly live in the second story apartment. Mr. Zavaglia said that they needed more room and if they did not get the variance they would have to move which they did not like to do as his parents needed care. Mr. Moore questioned as to whether it was a two family house prior to the Zoning and Mr. Zavaglia said that the residence was built in 1877 and to his knowledge it was always a two. family dwelling. It was pointed out that no area variances were required. Mr. Bodkin pointed out that the railroad was in the rear of the property and he could not see that it would do any harm or deter the neighborhood in any way. Mr. Paonessa said that the house was listed as a two family and taxed as a two family. After further discussion the Board voted on the appli- cation and the result was as follows : Commissioner Wassman - Nay Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mrs . Mary Zavaglia has submitted an application to the Building Inspector to allow the construction of a one story addition at the northerly side of the 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 Article IV Section 89-20 Subsection A (1 ) "Permitted Uses in an R-7.5 Residential District" which only permits one family dwellings and Article X Section 89-56 Subsection A "Non-conforming Uses of Buildings" which does not permit addi- tions to structures which do not conform to the use regulations for the district in which they are located on the premises located at 156 Weaver Street and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 402 Parcel 208; and WHEREAS, Mrs . Mary Zavaglia 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 . Applicant depends on her son and his family who are in need of an addi- tional bedroom for their three chil- dren. 2. The dwelling was a two family house prior to the Zoning. 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, ao tee) 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 house was a two family dwelling prior to Zoning. 2. Because of the location of the property the addi- tion will not harm or deter the neighborhood. 3. The addition does not require any area variances . 4. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article IV Section 89-20 Subsection A (1 ) "Per- mitted Uses in an R-7.5 Residential District" which only permits one family dwellings and Article X Section 89-56 Subsection A "Non-conforming Use of Buildings" which does not permit additions to struc- tures which do not conform to the use regulations for the district in which they are located would deprive the applicant of the reason- able use of the land and/ or building and that the variance as granted by this Board is the minimal adjust- ment that will accomplish this purpose. 5. That the granting of the variance is in harmony with the general purposes ace(/j and intent of this 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 IV Section 89-20 Sub- section A (1 ) "Permitted Uses in an R-7.5 Resi- dential District" and Article X Section 89-56 Subsection A "Non-conforming Use of Buildings" be varied and modified so as to allow the con- struction of a one story addition to the nor- therly side of the dwelling on the premises located at 156 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 208 in strict conformance with plans filed with this application provided that the applicant complies in all other res- pects 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 10: 15 P .M. Rita A. Johns) , Secretary