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HomeMy WebLinkAbout1962_08_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD AUGUST 22, 1962, IN THE COURT ROOM OF THE TOWN OF MAMARO- NECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p. m. PRESENT: Laurence Sobel, Chairman George Schuler Sydney Bierman Richard Eggers Richard I. Land ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting of June 27, 1962 were accepted as amended. HEARING The Chairman declared the hearing open and the secretary presented the affidavit of publication of the notice of hearing published in the official newspaper of the Town of Mamaroneck, The Daily Times, on August 15, 1962. The Chairman requested the secretary to read the first application. APPLICATION NO. 1--ENFIELD B. FORD--Case 133 Application of Enfield B. Ford of 243 Murray Avenue, for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow an addition at the rear of a dwelling having side yards 381 - 8. 0 feet rather than the required 10 feet on premises j located at 243 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113, Parcel 93, on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked whether any person present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Enfield B. Ford In Opposition: None Mr. Ford appeared and submitted plans for the proposed addition, he state that the addition was needed in order to provide another bedroom and enlarge the kitchen. He further stated that as his family was growing this added room was most necessary. The Board asked Mr. Ford if he could build an addition without getting the variance and Mr. Ford replied that it would be most difficult and would result in a rather odd looking structure. Following some further discussion on motion by Mr. Schuler, seconded by Mr. Eggers the following resolution was adopted unanimously: WHEREAS, Enfield B. Ford has submitted an application for a building permit to the Building Inspector for the construction of an addition to an existing building; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans submitted failed to comply with the Zoning Ord- inance of the Town of Mamaroneck with particular reference to Article IV, Section 410, which deals with side yards, etc. ; and WHEREAS, Mr. Ford has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Addition would be architecturally impractical i f 10 foot side yard was met. 382 2. Arrangement of bath and bedroom entrance would also be impractical. and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this application after pub- lication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (a) That there are special circumstances and conditions applying to the building for which a variance is sought which circumstances and/or conditions are peculiar to such building and do not apply generally to the buildings in the district and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. Existing house is 7 feet 6 inches from lot line. 2. If 10 foot side yard is met, house addition would be architecturally impractical. which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section 410 would deprive the ap- plicant of the reasonable use of the building and that for these reasons the granting of the variance is necessary for the reasonable use of such building and that the variance as granted by this Board is the minimum adjustment .that will accomplish this purpose. (c) That the granting of this variance will be in harmony with the general purposes and intent of this Ordinance and will not be injurious to the nieghborhood 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 be 383 0 0 CO varied and modified so as to allow the construction of an addition to an existing building having a side yard of 8 feet on premises located at 243 Murray Ave. and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113, Parcel 93, in strict ac- cordance with the plans filed with this application and 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 Board where a variance is granted the applicant shall obtain a building permit within three months of the filing of this res- olutions with the Town Clerk. A building permit shall be void if construction is not started within 6 months ® or 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. W The secretary then read the second application. Cr) APPLICATION NO. 2--THEODORE KOEPPER--Case 134 CL dS Application of Theodore Koepper for permission to erect 40 linear feet of 6. 0' high wood fence along fr the westerly side line on premises located at 2 Q Mardon Road and known on the Tax Assessment Q Map of the Town of Mamaroneck as Block 217, CO Parcel 38, in accordance with Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck. The Chairman asked if any person present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Mr. & Mrs. Koepper In Opposition: None Mr. Koepper requested the Board to defer action on his application until the December meeting. Mr. Koepper explained that the neighboring property was I14, 384 being prucahsed and that the new owner might put a fence on his property and therefore there would be no need for the Koepper fence. The Board agreed to Mr. Koepper's request. The Chairman then asked the secretary to read the third application. APPLICATION NO, 3--M. B. KAPLAN--Case 135 Application of ltd. B. Kaplan for modification of Article IV, Section 410, Schedule of Residence District Reg- ulations, so as to permit the construction of a car port built 8 feet from the side line instead of the re- quired 10 feet on premises located at 27 Pryer Manor Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 506, Parcel 16 on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if any person present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: M. B. Kaplan In Opposition: None Mr. Kaplan appeared and submitted plans for the proposed carport, he stated that he would very much like to have room for two cars. He explained that his original plan for a garage had been approved by the Board in 1958, prior to the adoption of the new Zoning Ordinance, he had started a foundation at that time and would now like to complete the car port. Mr. Bierman asked if the 10 foot side line was met would it mean that there would be room for only one car. Mr. Kaplan said that it would be very difficult to get two cars in the car port if the 10 foot side line was met. Following some discussion, on motion by Mr. Land seconded by Mr. Bierman the following resolution was unanimously adopted: WHEREAS, M. B. Kaplan has submitted an appli- cation for a building permit to the Building In- 385 • spector for the construction of a car port; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaro- neck with particular reference to Article IV, Section 410, which deals with side yards, etc. ; and WHEREAS, Mr. Kaplan has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Original plans included a garage of same size with 8 ft. side line. 2. Excavation and foundation started at time of building, discontinued for financial reasons. 3. Change in Zoning Ordinance makes variance necessary. and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (a) That there are special circumstances and conditions applying to the land and building for which a variance is sought which circumstances and/or conditions are peculiar to the land and building and do not apply to the land or buildings in the district and which cir- cumstances and conditions have no resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: ►, 1. Original plans included garage of same size with 8 foot side line, which was in conformance with Zoning Ordinance. 386 w W2. Excavation and foundation started but discontinued because of financial reasons els 3. Zoning Ordinance changed in 1959 making a variance necessary which said circumstances and/or conditions are such that 0 the particular application of the Ordinance with respect CO to Section 410 would deprive the applicant of the reasonable use of such land and that for these reasons the granting of the variance is necessary for the reason- able use of the land and that the variance as granted by this Board is the minimum adjustment tht.t will ac- complish this purpose. (c) That the granting of this variance will be 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 FURTHER RESOLVED that a variance is hereby granted to the applicant and that Article IV, Section 410 be varied and modified so as to allow the construction of a car- port having a side yard of 8 feet on premises located at 27 Pryer Manor Road and known on the Tax Assess- �... ® ment Map of the Town of Mamaroneck as Block 506, Parcel 16, in strict accordance with the plans filed with this appli- tce cation and 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 W and Regulations of the Zoning Board where a variance is granted the applicant shall obtain a building permit w within three months of the filing of this resolution with C- the Town Clerk. A building permit shall be void if con- 015 struction is not started within 6 months or completed 2 within two years of the date of said permit. C 0 FURTHER RESOLVED that this decision be filed with m the Town Clerk as provided in Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:30 p. m. Ruth Darnmann, Secretary 387