Zoning Board of Appeals Meeting
1/25/2011 6:00 PM
Ceremonial Court Room - 4th Floor
City Hall, 40 South Broadway
Yonkers, New York 10701
AGENDA FOR ZONING BOARD OF APPEALS
AMENDED
PLEASE TAKE NOTICE: A Public Hearing will be held before the Zoning Board of Appeals of the City of Yonkers on TUESDAY, JANUARY 25, 2011 at 6:00 P.M. sharp, in the Ceremonial Court Room, 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
# 5250 – Area Variance – Andrew Romano, Esq., on behalf of Sabath Luyando, on premises known as 142 Parkview Avenue, Block: 5665, Lot: 5, Zone: “S-50”.
# 5254 – Area Variance - Andrew Romano, Esq., on behalf of NY Bagel/John Maiolini, owner, on premises known as 1032 Yonkers Avenue, Block: 6163, Lot: 16, Zone: “B”.
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”.
#5249 – Area Variance & Intensification of a Non-Conforming Use – Joseph DiSalvo, Esq., 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”.
# 5251 – Reconstruction of a Non-Conforming Use - Andrew Romano, Esq., on behalf of Paul Reid, to reconstruct a new 2-family dwelling. Whereas the proposed 2-family is not permitted in 1-family zone; however, reconstruction of a non-conforming use is permitted per Section 43-21E provided that the reconstruction is commenced within 1-year from the date of such damage and completed within 2 years of said date and further provided that it shall be reconstructed in accordance with a plan approved by the Zoning Board of Appeals pursuant to Section 43-144K (previous case #5166 denied on August 25, 2009), on premises known as 273 Kimball Avenue, Block: 6175, Lot: 47, Zone: S-75.
# 5252 – Area Variance - 33 Ashburton Avenue, Block: 2094, Lot: 40, Zone: “M”. (adjourned without fixed date pending City Council reviews).
# 5253 – Area Variance and Intensification of a Non-Conforming Use - Andrew Romano, Esq., on behalf of Sustah Property, owner, for reconstruction of front porch to existing 2-family dwelling. Whereas Lot #26 (current application) and Lot 24 were previously under the same ownership; therefore: intensification to a non-conforming use requires Zoning Board of Appeals approval (Reference Yonkers Zoning Ordinance 43-21.G). Insufficient lot area, Section 43-27, Table 43-3 (required 10,000 square feet, provided 4,254.25 square feet +/-). Insufficient lot width, Section 43-27, Table 43-3 (required 100.0, proposed 45.50’) (when lot was separated and sold to new owner). Insufficient side yard at north side of existing building, Section 43-27, Table 43-3 (required 25.0’, proposed 0.1” +/-). Insufficient side yard at south side bay window, Section 43-27, Table 43-3 (required 25.0’, proposed 7.0’ +/-) (scaled). Insufficient side yard at south side of proposed concrete deck, Section 43-27, Table 43-3 (required 25.0”, proposed 15.0’ +/-). Insufficient side yard at north side of proposed concrete deck, Section 43-27, Table 43-3 (required 25.0’, proposed 14’-7” +/-). Insufficient total side yard at existing north side of building and existing bay window at south side of building), Section 43-27, Table 43-3 (required 50.0, proposed 7.1’ +/-) (scaled). Insufficient total side yard at proposed concrete deck, Section 43-27, Table 43-3 (required 50.0, proposed 14’.8” +/-). Parking within minimum front yard setback not permitted, Section 34-133(A)(1), on premises known as 329 Warburton Avenue, Block: 2117, Lot 26, Zone: “BR”.
NEW HEARINGS
# 5255 – Area Variance - Andrew Romano, Esq., on behalf of Avanti, Ltd., owners, to remove existing 1-family dwelling and construct a new 2-story masonry commercial building. Having insufficient lot area, Section 43-27, Table 43-3 (required 10,000 square feet, proposed 7,595 square feet). Insufficient lot width, Section 43-27, Table 43-3 (required 100 feet, proposed 54 feet). Insufficient side yard and total of side yards per Section 43-27, Table 43-3 (required 16’/32’, proposed 9’/18’). Parking within the minimum front yard not permitted, Section 43-56(G-4) (required 20 feet minimum; proposed 4.9 feet). Parking within 5’ of all property lines, Section 43-26(C-1) (proposed 4.9 feet), on premises known as 1244 Saw Mill River Road, Block: 3270, Lot: 208, Zone: “CM”.
# 5256 – Area Variance – John Annunziata, P.E., on behalf of Alfonso Goncalves, owner, to legalize the conversion of a 1-family to a 2-family dwelling and the legalization of a 1-car garage. Having insufficient parking for the conversion to a 2-family dwelling ( required 4 spaces, proposed 2 spaces) (ref. Yonkers Zoning Ordinance 43-128, Table 43-4). Insufficient side yard for the garage (proposed side yards 0/5.56 total; required 6/15 total (ref. Yonkers Zoning Ordinance 43-27, table 43-3 as amended), on premises known as 290 Edward Place, Block: 2422, Lot 86, Zone: “M”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
