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HomeMy WebLinkAbout1978_09_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD SEPTEMBER 27, 1978, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, 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. Hardesy Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of August 23, 1978 were pre- sented 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 asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 489 Application of Mr. E. Roger Hotte for modification of Article VI Section 89-34 B (3) "Construction Requirements for R-7.5 One Family Residence District" of the Zoning Ordinance so as to allow the construction of a greenhouse and porch enclosure at the rear of the dwelling maintain- ing an existing non-conforming rear yard of 25 ft. on the premises located at 20 Hillside Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Parcel 162 on the grounds of practical difficulty and/or unnecessary hardship . A letter was presented to the Board by Mr. Moore in which he said that since as a friend and architect, he had worked with the Hotte's on the development of their plans he felt he should abstain from voting on the application. Mrs. Hotte appeared before the Board and said her hus- band was out of Town and that they wanted to enclose the existing porch to use it as garden space for their plants in the winter. p f It was pointed out that the existing porch is non-con- forming and the proposed addition will not extend any further in the rear yard than existing. It was , also, pointed out that at present there is no access from the garage through the house but if the addition is allowed there will be access through the greenhouse to the gar- age. Mrs. Hotte presented letters from her four immediate neighbors in which they requested that the Board approve the plan. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. E. Roger Hotte has submitted an application to the Building Inspector to allow the construction of a greenhouse and porch en- closure at the rear of the dwelling maintaining an existing rear yard of 16.5 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 Sec- tion 89-34 B (3) "Construction Requirements for an R-7.5 One Family Residence District" of the Zoning Ordinance which requires a rear yard of 25 ft. on the premises located at 20 Hillside Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Parcel 162; and WHEREAS, Mr. E. Roger Hotte has submitted an application for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reason: To enclose garden space for plants in winter. 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 : l �f �SJ (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 greenhouse and porch enclosure would not project into the rear yard any further than the existing non-conforming structure. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 B (3) "Construction Requirements for an R-7.5 One Family Residence Dis- trict" 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 nei ghborhood or other- wise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 B (3) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to maintain an existing non- conforming rear yard of 16.5 ft. on the pre- mises located at 20 Hillside Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 128 Parcel 162 in strict con- formance 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 490 Application of Mr. and Mrs. Frank J. Clemens, Jr. for modification of Article VI Section 89-35 B (2) "Construc- tion Requirements for a One Family R-6 Residence District" of the Zoning Ordinance so as to allow an addition to the existing screen porch having a side yard of 2. 5 ft. and a total of both yards of 9.45 ft. instead of the re- quired minimum side yard of 8 ft. and total of both yards of 18 ft. on the premises located at 89 Colonial Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 112 Parcel 317 on the grounds of practi- cal difficulty and/or unnecessary hardship. Miss Peggy Gotte of 80 Chatsworth Avenue said she repre- sented Mr. and Mrs. Clemens who were out of Town. Miss Gotte said that the Clemens were in need of additional room and intended to enclose the porch to make a den for their children . Miss Gotte further said the applicants had a covered patio at the back of the house and they could not extend at the rear of the lot because of the rock ledge. The Board discussed the applicatiorand decided to ask Miss Gotte to postpone the hearing until the next meeting so that the Board members could go out and look at the pro- perty. On motion duly made and seconded the application was postponed until the next meeting. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:00 P .M. „( "Rita A. Johnson, Secretary / 76 .1