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HomeMy WebLinkAbout1964_01_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JANUARY 22, 1964, 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 8:05 p.m. . PRESENT: Sydney D. Bierman, Chairman Robert B. White E. Robert Wassman Henry E. Mullick ABSENT: Richard Eggers ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting held December 18, 1963 were approved on motion duly made and seconded. HEARING The Chairman declared the hearing open and the secretary presented the affidavit of publication of the notice of the hearing in the official news- paper of the Town of Mamaroneck, The Daily Times, on January 13, 1964. ( The Chairman requested the secretary to read the first application. APPLICATION NO. 1 - CASE 175 Application of Peter E. Moran for modification of Article IV, Section 410, Schedule of Residence District Regulations of the Zoning Ordinance in an R-7.5 District of the Town of Mamaroneck, so as to allow the construction of a porch over an existing terrace at the southerly side of the dwelling and having a rear yard of 10-feet instead of the required 25-feet on the premises located at 3 Daymon Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112, Parcel 486 on the grounds of practical difficulty and/or unnecessary hardship. For Appellant: Peter E. Moran 3 Daymon Terrace Larchmont, New York In Opposition: None Mr. Moran, representing himself, appeared and submitted plans for the construction of a porch over an existing terrace. Mr. Bierman asked Mr. Moran if he wished to add anything to his application and he replied no. Mr. Bierman asked Mr. Moran how long he had owned the house and he re- plied eleven months. 511 Mr. Bierman requested that the record show that the house is non-con- forming with the present zoning laws and that the applicant contends that the topography of the lot is such that the contemplated patio could be attached as an extension to the front of the house with the patio being the same size of the house with the exception that the set back presently non-conforming is by reason of fact that the lot is triangular shape with the rear line coming down at an acute angle with the front line. Mr. Bierman then asked the applicant if he would be willing, as a condition of the application, that the rear line of the proposed porch be located at the prolongation of the rear line of the existing house and that the rear dimension or width of the porch be no more than 11-feet. Mr. Moran said this was agreeable with him. Following some further discussion, a vote was taken which resulted as follows: Commissioner Bierman Aye Commissioner White Aye Commissioner Mullick Aye Commissioner Wassman Aye The following resolution was adopted: WHEREAS, Peter E. Moran has submitted an application for a building permit to the Building Inspector so as to allow the construction of a porch over an existing terrace in an R-7.5 District, together with plans; 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 Mamaroneck withparticular reference to Section 410 of said Ordinance, which provides for set backs, side yards, plat area, etc. ; and WHEREAS, Peter E. Moran 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. In order to build a porch within the zoning regulations, re- moval of an existing concrete slab would be necessary and a new concrete slab would have to be built. The cost involved would be $1,100.00. 2. To build the porch within the zoning regulations would give the applicant no entrance to the porch from the main dwelling as the existing side door opens onto the existing slab. 3. The cost of erecting the proposed porch over the existing slab is $400.00, The overall cost of erecting an enclosure within the zoning regulations would be $1,500.00 or more. 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 512 RESOLVED, that this Board finds the following: (a) That there are special circumstances and conditions applying to the land and/or building for which a variance is sought, which circumstances and/or conditions are peculiar to such land and/or building and do not apply generally to the land and/or 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. In order to build a porch within the zoning regulations, removal of an existing concrete slab would be necessary and a new concrete slab would have to be built. The cost involved would be $1,100.00 2. To build the porch within the zoning regulations would give the applicant no entrance to the porch from the main dwelling as the existing side door opens onto the existing slab. 3. The cost of erecting the proposed porch over the exist- ing slab is $400.00. The overall cost of erecting an enclosure within the zoning regulations would be $1,500.00 or more. (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 construc- tion of a porch over an existing terrace in an R-7.5 District, at the south- erly side of the dwelling, on the premises located at 3 Daymon Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112, Par- cel 486, in strict conformance with the 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 and subject to the following condition: 1. The rear line of proposed porch to be located at the prolongation of the rear line of the existing house and the rear dimension or width of the porch be no more than 11-feet. 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 resolution with the Town Clerk. A 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. 513 COMMUNICATIONS The Chairman read a letter, dated January 17, 1964, from James J. Johnston, Town Attorney, expressing his desire to follow the same procedure the form Town Attorney, John L. Delius, had in connection with attending the meetings of the Zoning Board of Appeals. This letter was received and filed for the record. Mr. Bierman asked the Board if they wished to change the procedure in any way and if not he would advise Mr. Johnston. It was agreed that the procedure remain the same and Mr. Bierman directed the secretary to reply to Mr. Johnston's letter and so state. ADJOURNMENT There being no further business to come before this meeting it was ad- journed at 8:40 p.m. . 514