Zoning Board of Appeals
11/18/2008 6:00 PM Location: City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701
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, NOVEMBER 18, 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:
# 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”.
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 5125 – Area Variance – Andrew Romano, Esq. on behalf of John Khader (owner), on premises known as 22 aka 24 Ashburton Avenue, Block: 2013 Lot: 20, Zone: “CM”.
# 5126 – Area Variance – Andrew Romano, Esq. on behalf of Alma R. Garcia (owner), 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), 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), 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), on premises known as 368 South Broadway, Block: 202 Lot: 65, Zone: “BA”.
# 5131 – Area Variance – Andrew Romano, Esq. on behalf of Pamela Management Corp. (owner), and Deirdre O’ Mara (lessee), on premises known as 68 South DeVoe Avenue aka 641 McLean Avenue, Block: 6004 Lot: 68, Zone: “B”.
CONTINUED HEARING:
# 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”.
# 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”.
# 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”.
NEW HEARINGS:
# 5132 – Area Variance – Andrew Romano, Esq. on behalf of Pedro Ramos (owner), to legalize a two-story addition with wooden stairs to a 3-family dwelling. Having insufficient side yard, Section 43-27, Table 43-3 (required 12; proposed 0.9+/-), on premises known as 61 Palmer Road, Block: 2354 Lot: 45, Zone: “M”.
# 5133 – Area Variance – Andrew Romano, Esq. on behalf of Kalamuddin Khan (owner), for the legalization of a front yard portico. Having insufficient front yard, as per Section 43-27, Table 43-3 & 43-33J(2), (required 17.55ft; proposed 12/33ft.), on premises known as 438 Marlborough Road, Block: 2314 Lot: 63, Zone: “S-50”.
# 5134 – Change from one Non-Conforming Use to another – Andrew J. Balint, Esq. on behalf of Alfred & Robert Leonelli (owners), to use a small portion of the westerly section of the existing building to be used as a mini-pizzeria. Whereas, a change from one non-conforming use to another non-conforming use requires Zoning Board of Appeals approval as per Section 43-21F. ZBA condition #2 from case # 4931 requires that the use only be a Laundromat – approval from Zoning Board of Appeals required for a change, on premises known as 34 Morningside Avenue, Block: 2166 Lot: 21, Zone: “M”.
# 5135 – Area Variance – Andrew Romano, Esq. on behalf of 614 South Broadway LLC (owner), interior alterations for retail space on the first floor & auto sales on the 2nd & 3rd floors. Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 1.5; proposed 2.5). Garage to be included, Section 43-26A. Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 48; proposed unknown). Insufficient side yard, as per Section 43-27, Table 43-3 (required 25/50; proposed 0/0). Insufficient rear yard, as per Section 43-27, Table 43-3 (required 25; proposed 0). Insufficient front yard, as per Section 43-27, Table 43-3 (required 25; proposed 0). Exceeding maximum permitted building coverage (required 40% maximum; proposed 100+/-), as per Section 43-27, Table 43-3. Insufficient parking (required 77 spaces; proposed 29 spaces), as per Section 43-128, Table 43-4. Insufficient loading spaces (required 2; proposed 0) as per Section 43-128, Table 43-5. And insufficient driveway width (required 20’; proposed 12’) (Ref. Yonkers Zoning Ordinance 43-121.D.4, Illustration 28), on premises known as 614 South Broadway, Block: 30 Lot: 52, Zone: “BR”.
# 5136 – Area Variance – Andrew Romano, Esq. on behalf of St. Andrews Marthoma Church (owner), to construct a 1-story addition to the existing church. Having insufficient side yard, as per Section 43-27, Table 43-35C.2 (required 24’; proposed 8.8’). Insufficient side-front yard, as per Section 43-27, Table 43-35C.2 (required 50’; proposed 8.18). Insufficient front yard, as per Section 43-27, Table 43-1 & 43-35C.2 (required 50’; proposed 17.5+/-). And insufficient parking, as per Section 43-128, Table 43-4, (required 57 spaces; proposed 0 spaces on site (rental parking across street at P.S. 14), on premises known as 56 Crescent Place, Block: 6384 Lot: 45 Zone: “MG”.
# 5137 – Area Variance – James W. Badie, on behalf of Andree Jean (owner), constructed a 3rd story storage room to an existing two-family dwelling. Exceeding maximum permitted height, as per Section 43-37, Table 43-3 (required 35; proposed 38.5+/-), on premises known as 10 Delavan Terrace, Block: 2157 Lot: 53, Zone: “MG”.
JOSEPH CIANCIULLI, CHAIRMAN, ZBA
