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HomeMy WebLinkAbout1974_11_20 Zoning Board of Appeals Minutes I MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD NOVEMBER 20, 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. Egbert R. Hardesty Mr. Lawrence G. Bodkin , Jr. Absent: Mr. Andrew W. Boraczek Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of September 25, 1974 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. Eggers asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 412 Application of Mr. Wayne Soverns for modification of Ar- ticle IV Section 410 Schedule of Residence District Regu- lations for an R-6 Residential District of the Zoning Ordinance so as to allow the construction of a 2nd story dormer at the front of the dwelling having a front set- back of 11 .2 ft. from Edgewood Avenue instead of the mini- mum required front setback of 30 ft. on the premises lo- cated at 21 Edgewood Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 123 Parcel 30 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. Soverns presented his application to the Board and stated that they proposed to remove the present dormers. The applicant stated that the proposed addition will pro- vide an additional 87 sq. ft. of floor area to be used for a studio for Mrs. Soverns. Mr. Soverns said that he had considered other ways but the proposed was the most practical and the addition would be within the pre- sent building. The Chairman pointed out that the house had been built before the Zoning laws went into effect. J Mrs. Philip H. Reisman , Jr. of 24 Edgewood Avenue said she was in favor of the application. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. Wayne Soverns has submitted an ap- plication to the Building Inspector to allow the construction of a 2nd story dormer at the front of the dwelling having a front setback of 11 .2 ft. from Edgewood Avenue 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 IV Section 410 Schedule of Residence District Regulations for an R-6 Residential District which requires a minimum front setback of 30 ft. on the premises located at 21 Edgewood Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 123 Parcel 30; and WHEREAS, Mr. Wayne Soverns has submitted an ap- plication to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The proposed addition will pro- vide an additional 87 sq. ft. of floor area to be used as a studio. 2. The proposed site is the most desirable because a studio with north light is needed by Mrs. Soverns to continue her portrait work. 3. The house was built before zon- ing went into effect. 4. The addition will not be extend- ing any further than the present build- ing. 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, I 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 proposed additional 87 sq. ft. of floor area will provide a studio with north light for Mrs. Soverns. 2. The proposed dormer will not encroach any fur- ther than the existing build- ing. 3. The present house was built before zoning existed. (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-6 Residential District of the Zoning Ordinance so as to allow the construc- tion of a 2nd story dormer at the front of the dwelling having a front setback of 11 .2 ft. from Edgewood Avenue on the premises located at 21 Edgewood Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 123 Parcel 30 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 second ap- plication. APPLICATION NO. 2 - CASE 413 Application of Mrs. Evelyn Turner for modification of Article IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residential District of the Zon- ing Ordinance so as to permit the construction of a one story addition at the easterly side of the dwelling hav- ing a side yard of 7.0 ft. instead of the minimum required side yard of 10 ft. on the premises located at 60 Edge- wood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Eggers stated that he had been out and looked at the site and he was aware that the applicant had already started the work. The Chairman asked Mr. Turner who his contrac- tor was and said that the contractor should have known that it was necessary to obtain a permit before he started the work. Mr. Turner stated that the contractor was from Mamaroneck and that there had been a fire in the house. The applicant said that they had experienced some diffi- culty with the insurance company and that most of the damage had been from water. Mr. Turner said that after the insurance company finally settled they decided they did not have enough room and they wanted to enlarge the kitchen to provide adequate room for an eating area and modernize the kitchen. The Chairman pointed out that the house had been built before zoning and the addition had been completed about 20 years ago when a 6 ft. side yard was conforming. Mr. Eggers asked Mr. Turner how much of the work had been done and the applicant replied that the proposed addition had been framed out. Mr. Wallace Heath, Mr. Turner's architect of 179 River Road, Grandview, New York was also present to answer any questions. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mrs. Evelyn Turner has submitted an application to the Building Inspector to per- mit the construction of a one story addition at the easterly side of the dwelling having a side yard of 7.0 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 IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residential District which requires a minimum side yard of 10 ft. on the premises located at 60 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 1 ; and WHEREAS, Mrs. Evelyn Turner has submitted to this Board an application for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons : 1 . The addition will enlarge the kitchen to provide adequate room for an eating area and modernize the kit- chen. 2. The proposed addition will not encroach any further than at present. 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 folowing 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. 1 � OtS (b) That the said circumstances and/ or conditions are as follows : 1 . The addition will pro- vide adequate room for an eating area and enable the applicant to modernize the kitchen. 2. The proposed addition will not encroach any fur- ther then the existing build- ing. 3. The house was built prior to zoning. (c) That the granting of this vari- ance will be 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 Residence District Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to permit the construction of a one story addition at the easterly side of the dwelling having a side yard of 7.0 ft. on the premises located at 60 Edgewood Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 122 Parcel 1 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 8:40 P.M. le (.• C1 v �- ((I , Ga�1 1-Lc `AJ