Zoning Board of Appeals
9/28/2010 6:00 PM
City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701
** NOTE: NEW DATE
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, SEPTEMBER 28, 2010 at 6:00 P.M. sharp, in the Ceremonial Courtroom, 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:
#5240 – Area Variance – Andrew Romano, Esq., on behalf of Sandra Raymond (owner), on premises known as 17 Sunnybrook Road, Block: 5398, Lot: 24, Zone: “S-200”.
CONTINUED HEARINGS:
# 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:
#5242 – Area Variance – Andrew Romano, Esq., on behalf of Benito Lopez (owner), for interior alterations to convert existing 1-family and dentist office to a 4-family multiple dwelling. Having insufficient side yard, Section 43-27, Table 43-3 (required 16/32, proposed 3.96/16.46). Insufficient driveway width: required 20 ft. to 30 ft.; proposed less than 12.5 ft., Reference YZO 43-121.D(4), Illustration 28. And insufficient front yard, Section 43-27 and Table 43-3 (required 25 ft., proposed 20.5 ft.), on premises known as 251 Valentine Lane, Block: 124, Lot: 58, Zone: “A”.
#5243 – Area Variance – Andrew Romano, Esq., on behalf of Paul Oteri (owner), for interior alterations to convert office space into retail space. Having insufficient parking, Section 43-128 and Table 43-4 (1 additional space required, 0 spaces proposed), on premises known as 1022 a/k/a 1024 Yonkers Avenue, Block: 6163, Lot: 12, Zone: “B”.
#5244 – Area Variance & Improvement & Intensification to a Non-Conforming Use – Andrew Romano, Esq., on behalf of Jeffrey Lebron (owner), to permit dormers on the second floor and re-configure rooms on the first floor of an existing 2-family dwelling. Whereas, improvement to a non-conforming use requires Zoning Board of Appeals approval as per Section 43-21.G) (2-family use in an S-50 Zone). A non-conforming use shall not be enlarged, intensified, altered structurally or extended without Zoning Board of Appeals approval as per Section 43-21.B.1 and 43-21.B.2). Exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 0.75, proposed 0.81). Plans appear to violate Section 43-34H(a) – side setback plane requirements – Variance required. Plans submitted violate Section 43-34H(a) – side wall articulation – Variance required, on premises known as 475 Kimball Avenue, Block: 6359, Lot: 24, Zone: “S-50”.
#5245 – Area Variance – Taffy Williams (owner), on behalf of herself, to construct a 1-story addition in rear yard and build entrance with foyer and side garage, side patio at grade level and basement extension to an existing 1-family dwelling. Having insufficient front yard, Section 43-27, Table 43-3 (required 20’-3” +/- per plot plan, proposed 15’-9” +/- front vestibule and 18’-0” +/- to front bay window). Insufficient side yard, Section 43-27, Table 43-3 (required 6’-0”, proposed 0’-6” to proposed garage (south side)). Insufficient side yard to proposed patio Section 43-41(A)(2) (3’-0” minimum required, proposed 0’-6”). Insufficient side yard to deck over proposed garage, Section 43-41(A)(2), (required 6’-0”, proposed 0’-6”). Insufficient side yard; Section 43-27, Table 43-3 (required 14’-6”, proposed 10’-0” +/- scaled to proposed addition). Insufficient total side yard Section 43-27, Table 43-3 (required 15 feet, proposed 6’ feet (south side); 10’-6” proposed (north side). Exceeds maximum driveway slope 15% maximum; 16% provided, on premises known as 191 Westchester Avenue, Block: 4573, Lots: 10 & 12, Zone: “S-50”.
#5246 – Area Variance – Whitelaw Architects, on behalf of 333 Bronx River Tenants Corp. (owners), to remove an in-ground swimming pool and deck and install new fence and retaining walls. Whereas, 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 in height within any other required yard setback (ref. Yonkers Zoning Ordinance 43-41.D.3.a). Proposed fence is 8’ high. Proposed retaining wall is 7.75’ high, on premises known as 333 Bronx River Road, Block: 6307, Lot: 150, Zone: “A”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
