Date: 10/19/2010 6:00 PM
CEREMONIAL COURT ROOM **UPDATED**
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, OCTOBER 19, 2010 at 6:00 P.M. sharp, in the Ceremonial Court, 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
#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: 11 & 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”.
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”. (adjourned until December meeting)
# 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
#5247 – Area Variance – Andrew Romano, Esq., on behalf of Rui George (owner), to construct a new 2-family dwelling. Having insufficient rear yard, Section 43-27, Table 43-3 &, Section 43-33L (required 20.0’, proposed 18.75’ +/-). Having insufficient front yard, Section 43-27, Table 43-3, Section 43-33J(2) (required 29.49’ +/- (average alignment); proposed 26.58’ +/-), on premises known as 1323 Nepperhan Avenue, Block: 3378, Lot: 6, Zone: “T”.
#5248 – Area Variance – Andrew Romano, Esq., on behalf of St. Peter’s Kananya Church, to legalize a 1st floor meeting room addition. Having insufficient rear yard, Section 43-35.C.2 and Table 43-3 (required 50, proposed 18 +/- scaled). Having insufficient front yard, Section 43-35.C.2 and Table 43-3 (required 40, proposed 33). Having insufficient side yard, non-residential building in residential district, Section 43-35.C.2 and Table 43-3 (required 24/48, proposed 3.5/23.5). Having insufficient parking, Section 43-128, Table 43-4 (required 6, proposed 0). Exceeding maximum permitted lot coverage, Section 43-35.C.4 (required 40%, proposed 42.2%), on premises known as 18 Greenvale Avenue, Block: 2475, Lot: 110, Zone: “S-50”.
#5249 – Area Variance & Intensification of a Non-Conforming Use – Anthony Ferraro, P.C., Architect, & Faga Savino, LLP, on behalf of Louis Dinapoli (lessee) and R & F Scarsdale LLC (owners) for additions to existing restaurant for proposed east and west dining extension and patio extension as well as an entrance terrace with trellis above. Having insufficient parking, Section 43-128 and Table 4 (required 15 spaces additional, proposed none). Intensification of a non-conforming use requires approval of the ZBA per Section 43-21B(1), on premises known as 2 Scarsdale Road, Block: 4546, Lot: 50, Zone: “I”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
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