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HomeMy WebLinkAbout1967_08_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD AUGUST 23, 1967, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. 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. Henry Mullick Mr. Russell G. Pelton Absent: Mr. Price H. Topping Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of July 26, 1967 were pre- sented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of pub- lication of the notice of hearing. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 277 Application of Mr. Martin L. Kantor for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-10 Residential District of the Zoning Ordinance so as to allow the construc- tion of an addition to the existing raised porch deck at the rear of the dwelling located on a corner lot having a minimum rear yard of 7 feet instead of the required minimum rear yard of 10 feet on the premises located at 811 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 207 Parcel 92 on the grounds of practical difficulty and/or unnecessary hardship. The Chairman asked if Mr. Kantor was present or if there was anyone to represent him. Mr. Older a neighbor of 807 Rockland Avenue stated that Mr. Jean Feldman, an Attorney of 1 Jason Lane was supposed to represent Mr. Kantor but had been delayed down- town. Mr. Older had a letter from Mr. Feldman and the Chairman asked him if he was prepared to present the case. Mr. Older stated that he was not in a position to present reasons for practical difficulty and/or unnecessary hardship and agreed that the case (" should be postponed until the next meeting. The Chairman said that it would not be necessary to re- advertise the application. The Chairman requested the Secretary to read the next application. APPLICATION NO. 2 - CASE 278 Application of Mr. Paul A. Rixon for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-10 Residential Dis- trict of the Zoning Ordinance so as to allow the construction of a roof over the existing terrace at the front of the dwelling having a minimum front yard of 30 feet on the premises located at 51 Shel- drake Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 86 on the grounds of practical difficulty and/or un- necessary hardship. Mr. Paul A. Rixon presented his application to the Board and said that they felt the addition of a roof to the terrace would add greatly to the aesthetic quality of the house. The applicant stated an awning could only be used for three or four months of the year and the rest of the time the bare poles in front of the house are unsightly. Mr. Rixon, also, stated that the roof on the house is in need of repair and they intended to have the material the same as the roof on the terrace. The applicant feels that with a roof over the terrace more service will be obtained from the porch. The Board asked Mr. Rixon when the terrace had been built and he stated that he did not know as when he purchased the house about a year ago the porch was already there. The Board, also, asked Mr. Rixon if he had any ideas of closing in the porch to which he replied he had not thought about it. It was pointed out that if the variance was granted the Board felt they should place a restriction that no permanent enclosure could be applied to the porch unless another application was filed which was agreeable to the applicant. After further discussion of the application a vote was taken and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Pelton - Aye qC-7 The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Paul Rixon has submitted an application for a building permit to the Building Inspector for the construction of a roof over the existing terrace at the front 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 the Zoning Ordinance of the Town of Mamaro- neck with particular reference to Article IV, Section 410, Schedule of Residence District Regulations for an R-10 Residen- tial District of the Zoning Ordinance which requires a minimum front yard of 30 feet on the premises located at 51 Sheldrake Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 86; and WHEREAS, Mr. Paul Rixon 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. Awning only able to be used three or four months of the year and the rest of the time the bare poles are unsightly. 2. Proposed addition will add greatly both aesthetically and architecturally to the dwelling. WHEREAS, this Board has examined the plans, reviewed the application and heard all persons interested in this application after publication of a notice therefore, and that the reasons claimed by the appli- cant, namely 1. The existing terrace which is covered 3 or 4 months of the year by an awning will greatly increase the aesthetics of the dwelling if covered by a perma- nent roof. 2. Because of the layout and design of the dwelling the pro- posed roofed terrace could not be positioned in any other usable location without major alteration to the dwelling. NOW, THEREFORE, BE IT RESOLVED, that this Board grants the appli- cation on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land and/or building for which a variance is sought, which circumstances and/or con- ditions are peculiar to such land and/or buildings and do not apply generally to the land and/or build- ings 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 circum- stances and/or conditions are as follows: 1. That the roofed porch be kept completely open on all sides ex- cept for screening. 2. That the porch in no way be altered or used for any other pur- pose except that shown on the plan and appli- cation. (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 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 varied and modified so as to allow the construction of a roof over the existing terrace having a minimum front yard of 25.4 feet instead of the required minimum front yard of 30 feet on the pre- mises located at 51 Sheldrake Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 86, in strict conformance with plans filed with this application and amended, 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 per- mit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construc- tion 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 meeting it was adjourned at 8:30 p.m. Rita A. Johnson, Secretary c1 1(�