AGENDA FOR ZONING BOARD OF APPEALS
PLEASE TAKE NOTICE: A Public Hearing will be held before the Zoning Board of Appeals of the City of Yonkers on TUESDAY, OCTOBER 21, 2008 at 6:00 P.M. sharp, in the City Council Chambers, Yonkers, New York (building is accessible to the handicapped), on applications for Appeals from the Building Commissioner's decisions and applications for Variances under the provisions of G.O. # 4-2000, as amended:
DECISIONS:
#4869-a – Use & Area Variance Renewal – Cuddy & Feder LLP, on behalf of XM Satellite Radio, Inc., on premises known as 1 Father Finian Sullivan Drive, Block: 2171 Lot: 20, Zone: “BA”.
# 4945-A – Area Variance - DelBello, Donnellan, Weingarten, Wise & Wiederkehr, LLP on behalf of Brooks Shopping Center, LLC (owner), on premises known as Cross County Shopping Center, Block: 5170 Lots: 15, 40, 50, 55, 60, 65 70, 75, 77, 80, 85, 90, 95, 100, 105, 110, 150 & 200, Zone: “BR”.
# 5079 – Area Variance – Andrew Romano, Esq. on behalf of Abdo Chakkalo (owner), on premises known as 7 aka 9 Palisade Avenue, Block: 2018 Lot: 37, Zone: “CBD”.
# 5114 – Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Thomas Browne (owner), on premises known as 326 Roberts Avenue, Block: 3057 Lot: 5, Zone: “S-50”.
# 5118 – Area Variance – Andrew Romano, Esq. on behalf of Edward Jodry (owner), on premises known as 87 aka 89 Joan Drive, Block: 5192 Lot: 1, Zone: “S-50”.
# 5122 – Area Variance – Better Living Sunrooms of New York on behalf of John Donaghy (owner), on premises known as 9 Larrimore Road, Block: 3234 Lot: 22, Zone: “S-50”.
# 5123 - Area Variance – Andrew Romano, Esq. on behalf of George Williams (owner), on premises known as 296 Kimball Avenue, Block: 6291 Lot: 19, Zone: “T”.
# 5124 – Area Variance – Andrew Romano, Esq. on behalf of Denna Mader (owner), on premises known as 230 Cook Avenue, Block: 5032 Lot: 127, Zone: “T”.
CONTINUED HEARING:
# 5033 – Area Variance – Andrew J. Balint, Esq. on behalf of B & N Apex Corp. (owner), to re-establish the use as a service station/ convenience store & 4 proposed pump islands situated under a canopy. Whereas, gasoline pumps to be 20’ minimum from any property line (16.3’ & 17’ +/- proposed). Show compliance with Section 43-75A, on premises known as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5073 – Appeal from an Interpretation by the Commissioner of Buildings – Kieran P. Holohan Esq. on behalf of Dr. Ronald J. Volino (applicant), Appeal from an Interpretation by the Commissioner of Buildings, on premises know as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5053 – Area Variance –DelBello Donnellan Weingarten Wise & Wiederkehr, LLP (co-counsel), on behalf of Greyston Foundation, Inc. (owner),for the construction of a “live-work Building” together with approximately 8,793 square feet of neighborhood retail space and related parking and infrastructure. Exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 5.00; proposed 8.61). Exceeding maximum permitted height, Section 43-27, Table 43-3 (required 50’; proposed 121.03’+/-). Insufficient parking, Section 43-128 & Table 43-4 (required 188 spaces; proposed 151 spaces). Insufficient number of off-street loading spaces per Section 43-128, Table 43-5 (required 2; proposed 1). Loading space conflicts with 23 parking spaces on lowest garage level – requires Traffic Engineer’s recommendation per Section 43-134A(13) for waiver or Variance. Exceeding maximum permitted lot coverage, Section 43-27, Table 43-3 (required 90%; proposed 93.8 %+/-), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.
# 5125 – Area Variance – Andrew Romano, Esq. on behalf of John Khader (owner), for the expansion of the existing limousine garage, by expanding service bay on 1st floor & offices on the 2nd floor. Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 1.0; proposed 1.21). Insufficient side/total side yards, as per Section 43-27, Table 43-3 (required 16’/32’; proposed 0’/0’). Insufficient rear yard, as per Section 43-27, Table 43-3 (required 20’; proposed 7’-6” +/-). Insufficient front yard, as per Section 43-27, Table 43-3 (required 20’; proposed 1’-6” +/-). Insufficient parking, as per Section 43-128 & Table 43-4 (required 10 spaces; proposed 8 spaces). Insufficient setback from any property line per Section 43-138(1) (required 10’; proposed 0’ & 1’-6” +/-). Installation of lift not permitted by Section 43-38I (3). Exceeding maximum permitted lot coverage, as per Section 43-27, Table 43-3 (required 50%; proposed 15% +/-), on premises known as 22 aka 24 Ashburton Avenue, Block: 2013 Lot: 20, Zone: “CM”.
NEW HEARINGS:
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), to legalize the existing 3-family dwelling. Whereas, the proposed use is not permitted, Section 43-27, Table 43-1 (prior non-conforming use terminated per Section 43-21 -3-family in “BR” zone). Insufficient lot area, Section 43-27, Table 43-3 (required 10,000 sq.ft; proposed not shown). Insufficient lot width, Section 43-27, Table 43-3 (required 100’; proposed 50’+/-). Insufficient side yard & total side yard, Section 43-27, Table 43-3 (required 25’/50’; proposed not shown). Insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed not shown). Insufficient front yard, Section 43-27, Table 43-3 (required 25’; proposed not shown). Insufficient parking, Section 43-128 & Table 43-4 (required 6 spaces; proposed 0 spaces). Exceeding maximum permitted lot coverage, Section 43-27, Table 43-3 (required 40%; proposed not shown), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 5126 – Area Variance – Andrew Romano, Esq. on behalf of Alma R. Garcia (owner), for interior alterations to convert vacant retail space into an automobile driving school. Having insufficient parking, as per Section 43-128, Table 4 (required 4; proposed 2 (credit)), on premises know as 268 New Main Street, Block: 193 Lot: 20, Zone: “BA”.
# 5127 – Area Variance & Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Ziad Nassradin (owner), to legalize concrete block wall around building. Whereas, improvement to a non-conforming use pursuant to Section 43-21 (G) of the Yonkers Zoning Ordinance. Exceeding maximum permitted wall height in the side-front yard, Section 43-43F & 43-41P (required 4’ maximum; proposed 6’), on premises known as 316 Mc Lean Avenue, Block: 50 Lot: 47, Zone: “BR”.
# 5128 –Area Variance & Improvement of a Non-Conforming Use –Kevin E. Molnar on behalf of Harriet Avolio (owner), to construct an above grade wood deck at the rear of an existing one-family dwelling. Having insufficient side yard, as per Section 43-27, Table 43-3 & Section 43-33K (required 3’; proposed 0.4 7/8” +/-). Insufficient total side yards, as per Section 43-3 & Section 43-33K (required 8.25’; proposed 4’-10 ¼” +/-). Insufficient rear yard, as per Section 43-27, Table 43-3 (required 25’; proposed 16’-10 ¼” +/-). Improvement to a non-conforming use ( row house) requires Zoning Board of Appeals approval as per Section 43-21G, on premises known as 30 South DeVoe Avenue, Block: 6004 Lot: 49, Zone: “T”.
# 5129 – Area Variance - DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP -, on behalf of JOMO Realty of Yonkers (owner) & Mark East, Inc. (lessee), to permit the construction of a new retail pharmacy. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 10’; proposed 0’). Insufficient parking, as per Section 43-128 & Table 4 (required 47; proposed 38). Parking within the minimum front yard not permitted, as per Section 43-56 (G-4) (required 10’; proposed 3’). Parking within 10’ of a building is not permitted, as per Section 43-44.B.5. Proposed is 5’ (loading space). Parking within 5’ of a property line is not permitted, as per Section 43-44.B.5. Proposed loading spaces are 0’ from property line, on premises known as 368 South Broadway, Block: 202 Lot: 65, Zone: “BA”.
# 5130 – Area Variance – DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP, on behalf of Courtsey Gas & Car Wash, Inc. (owner), to legalize the existing convenience store. Having insufficient parking for a convenience store in a service station, as per Section 43-1128, Table 4 (required 3; proposed 0), on premises known as 360 Nepperhan Avenue, Block: 2067 Lot: 69, Zone: “I”.
# 5131 – Area Variance – Andrew Romano, Esq. on behalf of Pamela Management Corp. (owner), and Deirdre O’ Mara (lessee), interior alterations to construct a dance studio and storage area. Having insufficient parking, as per Section 43-128 and Table 43-4 (required 8 additional parking spaces; proposed 0 spaces), on premises known as 68 South DeVoe Avenue aka 641 McLean Avenue, Block: 6004 Lot: 68, Zone: “B”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
