Zoning Board of Appeals
7/20/2010 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, JULY 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:
# 5041-A – Area Variance – C. Allen Mullins, A.I.A. on behalf of Oakland Cemetery (owner), on premises know as 2 Saw Mill River Road, block: 2220 Lot: 1, Zone: “S-60”.
# 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”.
# 5221 – Area Variance – Walter T. Gorman, PE, PC on behalf of Motiva Enterprises LLC (lessee), & Shell Service Station (owner), on premises known as 145 aka 143 Bronx River Road, Block: 6251 Lot: 13-15, Zone: “B”.
# 5226 – Area Variance – Andrew Romano, Esq. on behalf of Franco Milio (owner), on premises known as 171 North Broadway, Block: 2094 Lot: 24, Zone: “BA”.
# 5232 – Area Variance – Andrew Romano, Esq. on behalf of 750 Yonkers Avenue Real Estate, LLC (owner), on premises know as 750 Yonkers Avenue, Block: 6100 Lot: 59, Zone: “BA”.
# 5233 – Area Variance – Andrew Romano, Esq. on behalf of Fabio Gentile (owner), on premises known as 274 Mary Lou Avenue, Block: 3075 Lot: 74, Zone: “T”.
# 5234 – Change of a Non-Conforming Use – Andrew Romano, Esq. on behalf of J & C Auto Repair (owner), on premises known as 197 South Broadway, Block: 187 Lot: 15, Zone: “BR”.
# 5235 – Area Variance – Gabriel E. Senor, PC on behalf of Savero & Theresa Lanzillotto (owners), on premises known as 57 Lincoln Circle, Block: 4568 Lot: 51, Zone: “S-50”.
CONTINUED HEARINGS:
# 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”. (Withdrawn by applicant).
# 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”.
# 5231 – Use & Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), to construct a new 15-story 220 unit residential apartment building with 4,500 sq.ft. retail space. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1 (accessory parking for business use in MG zone). Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 3.00; proposed 6.10+/-). Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 112.5’; proposed 165.1’+/-). Insufficient front yard, as per Section 43-27 & Table 43-3 (required 10’; proposed 1”+/- (Yonkers Avenue)). Parking within the minimum front yard is not permitted, as per Section 43-133(A)1. Parking within the minimum side yard is not permitted, as per Section 43-133(A)1. Insufficient parking aisle width, as per Section 43-134.A.12) (required 24’-0; proposed 0’ for tandem parking spaces & 10’+/- for open-air parking space). Exceeding maximum permitted building coverage, as per Section 43-27, Table 43-3 (required 40% for residential; proposed 53%+/-). Fences and walls, including retaining 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 within any other required yard setback, as per Section 43-41.D.3.a). (9’-6” & 8’-2”+/- high proposed), on premises known as 1217 Yonkers Avenue, Block: 6383 Lots: 6, 8, 9, 10, 14, 15, 17, 19, 22, 24-27, Zone: “BA” & “MG”.
NEW HEARINGS:
# 5236 – Improvement to a Non-Conforming Use – Robert Aiello, PE. of John Meyer Consulting, PC on behalf of New York City Department of Environmental Protection, (owner), to install a temporary generator at the existing fluoride treatment facility. Whereas, improvement to a non-conforming use, pursuant to Section 43-21 (G) requires Zoning Board of Appeals approval, on premises known as 187 Midland Avenue, block: 8001 Lot: 10, Zone: “S-60”.
# 5237 – Improvement to a Non-Conforming Use – Robert Aiello, PE. of John Meyer Consulting, PC on behalf of New York City Department of Environmental Protection, (owner), to install a generator at the existing utility substation. Whereas, improvement to a non-conforming use pursuant to Section 43-21G of the Yonkers Zoning Ordinance requires Zoning Board of Appeals approval, on premises known as 144 Midland Avenue, Block: 8001 Lot: 5, Zone: “MG”.
# 5238 – Area Variance – Andrew Romano, Esq. on behalf of 260 Warburton Partners, LLC (owner), to construct a new three story addition containing a Junior High School at the rear of the existing elementary school. Having insufficient parking, Section 43-128 & Table 4 (required 80; proposed 70) as per Section 43-128, Table 43-4. Exceeding maximum permitted height in feet (required 36 feet; proposed 48.25feet) as per Section 43-27, Table 43-3. Parking in the minimum front yard and side yard is not permitted, as per Section 43-133.A.2. Parking within 10 feet of the building is not permitted as per Section 43-44.B.5. Insufficient back up aisle width (required 24 feet minimum; proposed 21.71 feet), as per Section 43-134.A.12. Proposed bus loading location further reduces the back-up space. Proposed passageway from existing stores across the front yard to the side parking lot was not permitted by a previous Zoning Board of Appeals Case # 4835, Special Condition #5. Zoning Board approval is required, on premises known as 260 Warburton Avenue, Block: 2106 Lot: 42, Zone: “M”.
# 5239 – Area Variance – John Dean Davis on behalf of himself (owner), to construct a 1-story bedroom addition to an existing 1-family dwelling. Having insufficient side yard, Section 43-27, Table 43-3 (required 20.0’; proposed 12’-1”+/-), on premises known as 93 Rockledge Road, block: 5408 Lots: 45/46, Zone: “S-200”.
# 5240 – Area Variance – Andrew Romano, esq. on behalf of Sandra Raymond (owner), to construct a 2nd story addition on an existing 1-story, 1-family dwelling. Exceeding maximum permitted height as per Section 43-27, Table 43-3 (required 35; proposed unknown). Insufficient side yard, as per Section 43-27, Table 43-3 (required 20/40; proposed 13.02/28.18). Side Wall Articulation. A side wall of a building that is more than 15 feet tall and is an average distance of 15 feet or less from a side lot line may not extend in an unbroken plane for more than 30 feet along a side lot line. To break the plane, a wall articulation of not less than two (2) feet for a distance of not less than ten (10) feet is required, proposed 32’.2”, as per Section 43-34.H.C. Maximum exposed wall height. The maximum exposed height of any wall of a detached single- or two-family dwelling shall be 35 feet as measured from the finished grade at the base of the wall to the eave, proposed 35’+ on the right side, per Section 43-34.H.d. The side setback lines are already within the walls of the existing house, the envelope specified by the side setback plane appears to be violated, per Section 43-34.H.a. Exceeding the maximum height in stories 2 ½ stories permitted, proposed is unknown. Provide a calculation to demonstrate that the basement is not a story, as per Section 43-27, Table 43-3 & 43-8, on premises known as 17 Sunnybrook Road, Block: 5398 Lot: 24, Zone: “S-200”.
# 5241 – Change one Non-Conforming Use to another Non-conforming Use – Andrew Romano, Esq. on behalf of Samira Farraj (owner), for interior alterations to convert one non-conforming use (Deli) to another non-conforming use (Hair Salon). Whereas, pursuant to Section 43-21(F) any non-conforming use may be changed to another non-conforming use upon approval of the Zoning Board of Appeals, on premises known as 166 Ridge Avenue, Block: 2170 Lot: 18, Zone: “M”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
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