Zoning Board of Appeals
4/20/2010 6:00 PM
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, APRIL 20, 2010 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:
# 5157 – Area Variance & Improvement/Intensification of a Non-Conforming Use – Smith, Buss & Jacobs on behalf of Bharat Gandhi (owner), on premises known as 322 Yonkers Avenue, Block: 388 Lot: 100, Zone: “I”.
# 5177 – Use & Area Variance – Snyder & Snyder, LLP on behalf of 1-3 Remsen Road Corp. (owner), & T-Mobile Northeast , LLC (lessee), on premises know as 1-3 Remsen Road aka 57 Newport Road, Block: 4350 Lot: 150, Zone: “MG”.
# 5192 – Area Variance – Andrew Romano, Esq. on behalf of Iglesia Bautista (owner), on premises known as 115 Beech Street, Block: 461 Lot: 1, Zone: “M”.
# 5203 – Area Variance Luis Saiz, Jr., Architect on behalf of 1740 Central Avenue LLC (owner), on premises known as 1 Plymouth Avenue, Block: 4612 Lot: 26, Zone: “BR”.
# 5204 - Area Variance – Andrew Romano, Esq. on behalf of Arthur Papataros (owner), on premises known as 10 Lanark Road, Block: 236 Lot: 1, Zone: “S-50”.
# 5206 – Improvement to a Non-Conforming Use - James Veneruso, Esq. on behalf of Emile Bachmann, Trust under will of, (owner), on premises known as 792 McLean Avenue, Block: 6223 Lot: 48, Zone: “BR”.
# 5207 – Use & Area Variance – Andrew Romano, esq. on behalf of Moundir Salakie (owner), on premises known as 153 Warburton Avenue, Block: 2099 Lot: 14, Zone: “CM”.
# 5211 – Area Variance – John-Michael De Gennaro of Primo Properties, LTD (owner), on premises known as 760 Warburton Avenue, Block: 3002 Lot: 25, Zone: “M”.
# 5212 – Use & Area Variance – Louis M. Spizzirro, Esq. on behalf of Vito Bevilacqua (owner), on premises known as 37 Orchard Street, Block: 2079 Lot: 6, Zone: “A”.
# 5213 – Area Variance – Wally Sinclair on behalf of Jorge Lojano (owner), on premises known as 63 Vineyard Avenue, Block: 2086 Lot: 41, Zone: “M”.
# 5215 – Improvement to a Non-Conforming Use – Andrew Romano, Esq. on behalf of Sineal Whelan (owner), on premises known as 28 South DeVoe Avenue, Block: 6004 Lot: 48, Zone: “T”.
# 5216 – Area Variance – Andrew Romano, Esq. on behalf of Mohamad Quyyum (owner), on premises known as 251 McLean Avenue, Block: 48, Lot: 9, Zone: “BR”.
NEW HEARINGS:
# 5218 – Area Variance – Andrew Romano, Esq. on behalf of Franco Milio (owner), to reconstruct an existing retaining wall. Whereas, fences and walls, including walls must not exceed 4 feet in height in a required front yard setback or in any other required yard setback abutting a street and 6 feet in height within any other required yard setback, as per Section 43-41.D.3.a. Proposed wall is 11 feet high, variance required, on premises known as 263 Palisade Avenue, Block: 2091 Lot: 15, Zone: “MG”.
# 5219 – Area Variance – Andrew Romano, Esq. on behalf of Rui Jorge (owner), to construct a new 2-family dwelling. Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 2 ½ story; proposed 3 stories (basement considered a story per G.O. 7-2009)). Insufficient rear yard, as per Section 43-27, Table 43-3, Section 43-33L (required 20.0’; proposed 18.75’+/-). Insufficient front yard, as per Section 43-27, Table 43-3, Section 43-33J (2) (required 29.49’+/- (average alignment); proposed 26.58’+/-). Proposed structure encroaches within the minimum required side setback plane on both sides per G.O.#7-2009H(a) Section 43-34H (a) – Variance required, on premises known as 1323 Nepperhan Avenue, Block: 3378 Lot 6, Zone: “T”.
# 5220 – Area Variance – Mitchell Koch, Architect on behalf of Robert Kruger (owner), addition & alteration on 1st floor to extend bedrooms, renovate bathroom for handicap accessibility. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 16.7; proposed 12.75), on premises known as 166 Gailmore Drive, Block: 4462 Lot: 1, Zone: “S-60”.
# 5221 – Area Variance – Walter T. Gorman, PE, PC on behalf of Motiva Enterprises LLC (lessee), & Shell Service Station (owner), to legalize a convenience store in a gasoline service station. Having insufficient parking, as per Section 43-128 & Table 4 (required 13 spaces; proposed 12). Note: two (2) spaces do not comply dimensionally. Parking within 10’ of building is not permitted as per Section 43-44.B.5) (Space #11). Parking is not permitted within the minimum front yard setback (10’ for the “B” Zone) (Space #12), on premises known as 145 aka 143 Bronx River Road, Block: 6251 Lot: 13-15, Zone: “B”.
# 5222 – Area Variance – James J. Veneruso, Esq. on behalf of Sunnybrook Gardens Owner, Inc. (owner), to construct a waste storage structure. Having insufficient side-front yard, as per Section 43-27, Table 43-3 (required 25.0’; proposed 6” +/- scaled), on premises known as 68 Durham Road, Block: 6392 Lot: 53, Zone: “MG”.
# 5223 – Improvement to a Non-Conforming Use – Andrew J. Balint, Esq. on behalf of Miroslav Kuzmiak (owner), to construct a sunroom addition in the rear of an existing 2-family semi-attached dwelling. Whereas, the improvement to a non-conforming use requires Zoning Board of Appeals approval, as per Section 43-21.G.). Reconstruction of structure used by a non-conforming use, as per Section 43-21E, requires Zoning Board of Appeals approval, on premises known as 132 Frederick Street, block: 2435 Lot: 27, Zone: “M”.
# 5224 – Area Variance – James J. Veneruso, Esq. on behalf of Smith-Cairns Ford, Inc. (owner), for an addition & modification to auto sales facility. Whereas, parking of display vehicles not permitted within minimum front yard as per Section 43-38C (3). And exceeds maximum number of ground/pole signs permitted on site (3 permitted; 4 proposed) per Sign Ordinance Section 47-7A(8),on premises known as 900 Central Park Avenue aka 10 Schaefer Avenue, Block: 5111 Lot: 1, Zone: “OL”.
# 5225 - Relocation of a Non-Conforming Use – Alfred B. DelBello, Esq. on behalf of Brooks Shopping Centers, LLC (owner), to relocate a legal non-conforming use from a building intended to be demolished into a new building on the same property. Whereas, an existing non-conforming use is not permitted to be moved in whole or in part to any other portion of the lot or parcel of land per Section 43-21B(1), approval of Zoning Board of Appeals is required, on premises known as 808 Central Park Avenue, Block: 5170 Lot: 40, Zone: “BR”.
