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HomeMy WebLinkAbout1968_02_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD FEBRUARY 28, 1968, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:15 p.m. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Henry Mullick Mr. Price H. Topping Mr. Russell G. Pelton APPROVAL OF MINUTES The minutes of the special meeting of December 20, 1967 were presented and on motion duly made and sec- onded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of publication of the notice of hearing. The Chairman requested the Secretary to read the application of Mrs. Marion Westergaard which had been adjourned from the Special Meeting of December 20, 1967. Mrs. Westergaard had decided to postpone her appli- cation at that time as she had found it was too ex- pensive to build a garage because of the rocky ter- rain of the property. At the previous meeting the applicant had also stated that she was desirous of amending her plan to construct an offstreet parking area. The Chairman had advised Mrs. Westergaard to write a letter to the Town Board to obtain per- mission to build the off-street parking area on Town property between the curb and property line. Mrs. Westergaard presented the Board with an amended plan for an off-street parking area 11' x 18' which would extend to the front of her property line. The applicant stated she had not applied to the Town Board as she felt her appeal would be turned down but that she was still faced with the problem of finding a parking space for her car. The Board requested that Mrs. Westergaard amend her plan so that the parking area would be 20 feet deep instead of 18 feet and the applicant agreed. The Board stated that they did not like the appearance c/3S_ of the retaining wall from an aesthetic point of view and they did not like the idea of a tree having to be removed. Mrs. Westergaard explained to the Board that she felt the ivy would screen the wall of the structure and that there were other trees on the property. After further discussion the Board suggested that if the application was approved Mrs. Westergaard apply to the Town Boardfor-permission to use a por- tion of the Town property between the hedge and her front property line which is approximately 12 to 13 feet in depth. If the Town Board grants permis- sion it would reduce the applicant's expense of hav- ing the tree and a large amount of rock removed. A vote was taken on the application as amended to read for an 11' x 20' off-street parking area and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mrs. Marion Westergaard has sub- mitted an application for a building per- mit to the Building Inspector for the con- struction of an off-street parking area at the front of the property 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 Mamar- oneck with particular reference to Article IV, Section 455.2, Layout and Location of Off-street Parking Facilities of the Zoning Ordinance which requires a minimum front set-back for off-street parking areas of 25 feet, on the premises located at 26 Mountain Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 116 Parcel 324; and WHEREAS, Mrs. Marion Westergaard has sub- mitted to this Board an application for a variance on the ground of practical dif- ficulty and/or unnecessary hardship for the following reasons: 1. Overnight street parking is not permitted and there is no available garage or off-street parking facilities in the neigh- borhood. 2. Due to the topographical con- dition of the lot it would require extensive rock removal and it is therefore necessary to keep the off-street parking area as close to the front of the property line as possible. WHEREAS, the applicant amended the plans to provide for the parking area to be 11' x 20' instead of 11' x 18' as originally requested, and WHEREAS, this Board has examined the plans, reviewed the application and heard all per- sons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board grants the appli- cation as amended 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 buildings in the district, and which circumstances and con- ditions have not resulted from any acts of the applicant sub- sequent to the date of the Zon- ing Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. That there are no other facilities for off-street parking available in the neigh- borhood or on the pro- perty. 2. The topographical conditions of the pro- perty which slopes up from the street and q 3 is rocky makes it nec- essary to have the off-street parking as close to the front of the property line as possible. (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 455.2 be varied and modified so as to allow the construction of an off- street parking area at the front of the property having a minimum front set-back of 0' instead of the required minimum front set-back of 25' on the premises located at 26 Mountain Avenue and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 116 Parcel 324 in strict conformance with plans filed with the ap- plication 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 date 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 requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 285 Application of Mr. John S. Johnson for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-20 Residential District of the Zoning Ordinance so as to allow the construc- tion of a one story addition to the existing dwell- ing having a minimum rear yard of 26 feet 8 inches instead of the minimum required rear yard of 40 feet on the premises located at 1011 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 325 Parcel 265 on the grounds of practical difficulty and/or unnecessary hardship. Mr. and Mrs. Johnson appeared before the Board and stated that they were desirous of constructing an addition to their house as the present dwelling is too small for their growing family. When the house was purchased in 1964 it was in a run-down condition and they have fixed it up. According to the plan there will be four additional rooms, extra bathroom facilities, a large closet at the rear and a garage underneath the first floor. It was pointed out that the proposed addition will be 836 square feet and the present first floor area is 597 square feet. Mr. Johnson pointed out to the Board that it would be possible to put an addition on the house without obtaining a variance but due to the shape of the lot and the location of the dwell- ing they felt this plan was aesthetically much more desirable. It was, also, pointed out that even though it is a large piece of property it is irregular in shape and that the addition will be an improvement to the property and surrounding neighborhood. Correspondence had been received from the following neighbors approving the application: Mrs. Norman Tishman, 1000 Old White Plains Road Mr. John P. Gilgut, 1007 Old White Plains Road Mr. George A. Greenberg, 1009 Old White Plains Road After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution was duly adopted: WHEREAS, Mr. John Johnson has submitted an application for a building permit to the Building Inspector for the construc- tion of a one story addition to the exist- ing 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 `9 �3`! the Zoning Ordinance of the Town of Mamaro- neck with particular reference to Article IV, Section 410, of the Zoning Ordinance which requires a minimum rear yard of 40 feet on the premises located at 1011 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 325 Parcel 265; and WHEREAS, Mr. John Johnson 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. Due to the shape of the lot and the location of the dwelling it would be impossible to con- struct the proposed addition within the required building area without damaging the archi- tectural appearance of the dwell- ing. 2. Proposed addition will create necessary bedrooms, bathrooms and garage. WHEREAS, this Board has examined the plans, reviewed the application and heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board grants the ap- plication 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: cT o 1. The Board finds that the location of the dwelling on the irregular shaped lot which is very shallow and any addition to the dwelling if con- structed within the yard requirements of the Zoning Ordinance would destroy the ar- chitectural line of the dwelling and the aesthetic value of the property. 2. That the proposed addition would provide additional livable floor area and facil- ities in compliance with the minimum re- quirements in the Res- idential District in which it is located. 3. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV, Section 410 would deprive the applicant of the reasonable use of such land and/or building and that for these reasons the grant- ing of the variance is necessary for the reasonable use of the land and/or building and that the variance as granted by this Board is the minimum adjustment that will accomplish this pur- pose. (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 61i-tt 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 one story addition to the existing dwelling having a rear yard of 26 feet 8 inches on the premises located at 1011 Old White Plains Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 325 Parcel 265 in strict conformance with the plans filed with this application and amended, provided that the applicant com- plies 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 build- ing permit shall be void if construction is not started 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 9:00 p.m. Secretary ' � T�