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HomeMy WebLinkAbout1977_05_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MAY 25, 1977, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCHMONT, NEW YORK. CALL TO ORDER In the absence of the Chairman, the meeting was called to order by the acting Chairman, Mr. Egbert R. Hardesty at 8:15 P.M. ROLL CALL Present: Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty, Acting Chairman Mr. Peter G. Moore Absent: Mr. E. Robert Wassman Mr. Lawrence G. Bodkin, Jr. Also present: Mr. William Paonessa , Building Inspector APPROVAL OF MINUTES The minutes of the meeting of April 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. The Chairman asked the Secretary to read the application. APPLICATION NO. 1 - CASE 461 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 of an enclosed porch at the rear of the dwelling having a rear yard of 20 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 on the grounds of practical difficulty and/ or unnecessary hardship. Mrs. Mouldovan stated that they had no outside room and the present patio is in a deplorable condition and needs repair. She further said there was no other location that would give access to the kitchen and dining room and the proposed site would be the farthest from their neighbors. Mr. Boraczek asked the Mouldovans what their practical difficulty was and Mrs. Mouldovan said it was the only place the porch could be located as any other site would be seen from the street. The applicant said the proposed location could be easily screened with shrubs and if it was in any other location it would not be accessible to the dining area. Mr. Hardesty informed Mr. and Mrs. Mouldovan that because only three members were present their application would have to be approved unanimously and they could postpone their case to another meeting without penalty. Mrs. Mouldovan continued to present her application. The Board questioned as to whether the porch could not be placed in another location which would require less of a variance. It was pointed out that the house had been built prior to the present Zoning Ordinance and the rear yard is presently non-conforming. Mrs. Mouldovan said the proposed location would provide more privacy and if it was in another location it would be up against the garage. Mr. Moore pointed out that the plan showed the proposed porch to be enclosed with jalousie windows and Mr. Moul- dovan said they wanted to be able to use the room for a good part of the year but not in the winter. He, also, said that if the porch was put in another location it would require rearranging cabinets, utilities, etc. in the kitchen. After further discussion the Board voted on the appli- cation and the result was as follows : Commissioner Hardesty - Nay Commissioner Boraczek - Nay Commissioner Moore - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. and Mrs. Jerome Mouldovan have sub- mitted an application to the Building Inspector to allow the construction of an enclosed porch 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 Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article VI Section 89-31 Subsection B (3) "Construction Requirements for an R-20 One Family Residence District" which requires a minimum 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 sub- mitted to this Board an application for a vari- ance on the ground of practical difficulty and/ /0 [ AP or unnecessary hardship for the following reasons : 1 . The applicant needs the room for the family to enjoy privacy outdoors without being too close to the neigh- bors. 2. There is no other suitable loca- tion on the property affording access from the kitchen and dining room. 3. The present patio is in deplor- able condition necessitating redoing. 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 denied the applica- tion on the following grounds: 1 . The present rear yard having a depth of only 35 ft. more or less does not comply with the required rear yard dimensions for an R-20 zone and the proposed screen porch would extend 15 ft. more or less into the non-conforming rear yard. 2 . The proposed porch which would be totally enclosed on three sides with jalousie windows could provide a room which could be used for a longer period of time than a screened porch. 3. That the proposed porch could be constructed on other locations on the site which may require mini- mum variances. 4. There were no special circumstances or conditions applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 5. The facts and circusmtances claimed by the applicant to entitle him to the variance are not such as would deprive the applicant of the reason- able use of the land. 6. The granting of the variance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neighborhood and detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with 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. 7 Rita A. Johnson, Secretary