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HomeMy WebLinkAbout1968_11_21 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD NOVEMBER 21, 1968, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVE- NUE, 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. Price H. Topping Mr. Russell G. Pelton Absent: Mr. Henry Mullick APPROVAL OF MINUTES The minutes of the meeting of October 23, 1968 were presented and on motion duly made and seconded, ap- proved as submitted. REHEARING OF CASE 302 - APPLICATION OF DR. RACHEL SCHPER The application of Dr. Rachel Schper had been adjourned from the previous meeting of October 23, 1968 as mem- bers of the Board wanted to go out and inspect the site before making any decision. Three of the Board members had gone out and inspected the site and the Chairman asked Dr. and Mr. Schper if they had anything further to add to the original application. The Schpers stated that everything had been said at the meeting of October 23, 1968. After a short discussion the Board voted on the ap- plication and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Topping - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Dr. Rachel Schper has submitted an application for a building permit to the Building Inspector for the construc- tion of a 5' x 10' addition to the southerly side of the existing dwelling together with' plans; and WHEREAS, the Building Inspector has refused 119vv to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mama- roneck with particular reference to Article IV, Section 410 Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District of the Zoning Ordinance which requires a minimum side yard of 10 feet on the premises located at 15 Overlook Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 352; and WHEREAS, Dr. Rachel Schper has submitted to this Board an application for a vari- ance on the ground of practical difficulty and/or unnecessary hardship for the fol- lowing reasons: 1. The applicant needs the en- closed vestibule to protect them from the snow in the winter as the snow accumulates on the stoop. 2. Because of the topography of the lot the proposed site is the most advisable. WHEREAS, this Board has examined the plans, reviewed the application and has 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 ap- ply 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 Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. The Board felt (o because of the topo- graphy of the lot this was the most desirable location. (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 Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construction of a 5' x 10' addi- tion to the southerly side of the existing dwelling on the premises located at 15 Overlook Terrace and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 127 Parcel 352 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 filingof this Resolution with the Town Clerk. The build- ing permit shall be void if construction is not started within six months and com- pleted 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 8:20 p.m. Rita A. Johns , Secretary