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Tuesday, May 17, 2011

Zoning Board of Appeals Meeting 5/17/2011 6:00 PM

Zoning Board of Appeals Meeting
5/17/2011 6:00 PM
Ceremonial Court Room - 4th Floor
City Hall, 40 South Broadway
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, MAY 17, 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:

# 5079A – Area Variance – Andrew Romano, Esq., on behalf of Abdo Chakkalo, owner, on premises known as 7 a/k/a 9 Palisade Avenue, Block: 2018, Lot: 37, Zone: “CBD”.

# 5224 – Area Variance – James J. Veneruso, Esq. on behalf of Smith-Cairns Ford, Inc. (owner), on premises known as 900 Central Park Avenue a/k/a 10 Schaefer Avenue, Block: 5111 Lot: 1, Zone: “OL”.

# 5231 – Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), on premises known as 1217 Yonkers Avenue, Block: 6383 Lots: 6, 8, 9, 10, 14, 15, 17, 19, 22, 24-27, Zone: “BA” & “MG”.

## 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”.

# 5257 – Area Variance – Andrew Romano, Esq., on behalf of Farid Marji (owner), on premises known as 217 Mountaindale Road, Block: 4463, Lot: 45, Zone: “S-60”.

# 5260 – Area Variance - Andrew Romano, Esq., on behalf of Osvaldo Severo, V.P., Halcon Development LLC, owner, on premises known as 19 Burhans Avenue, Block: 2364, Lots: 36-38, Zone: “M”.

# 5261 – Improvement to a Non-Conforming Use - Anthony Arnold, R.A., on behalf of Dennise Guzman (owner), on premises known as 46 Rigby Street, Block: 5208, Lot: 21, Zone: “S-50”.

# 5262 – Area Variance - James. G. Dibbini, Esq., on behalf of Juan Morales (owner), on premises known as 22 Garfield Street, Block: 443, Lot: 20, Zone: “M”.

CONTINUED HEARINGS

# 5252 – Area Variance - 33 Ashburton Avenue, Block: 2094, Lot: 40, Zone: “M”. (adjourned without fixed date pending City Council reviews).

NEW HEARINGS

# 5264 – Area Variance – Andrew Romano, Esq., on behalf of Chetandeo Bri-Raj (owner), for the legalization of existing concrete patio, concrete deck, front retaining wall and slate stone patio to existing 1-family dwelling (with in-law) having insufficient side yard setback to existing concrete patio to be legalized per Section 43-41A(2), (3’-0” minimum required, 1.9’ provided); insufficient side yard setback to existing elevated concrete deck (rear, north) (19’-0” x 10’) to be legalized per Section 43-41(A)(2) and Table 43-3; 15’-0” minimum required, 11’-0” +/- proposed (scaled); insufficient side yard setback to existing elevated slate stone patio (north side) to be legalized per Section 43-41(A)(2) and Table 43-3; 15.0’ minimum required, 1’-0” +/- proposed (scaled); front retaining wall to be legalized exceeds maximum permitted height in minimum front yard setback per 43-41D(3)(a) 4’-0” maximum permitted, 4’-3” provided, on premises known as 20 Kendon Place, Block: 4802, Lot: 19, Zone: “S-100”.

# 5265 – Area Variance – Andrew Romano, Esq., on behalf of Higher Power Fitness by Juan Morales (lessee) for interior alterations to create a gym in existing basement of retail building having insufficient parking, Section 43-127 & Table 43-4 (required 26 spaces proposed 0 spaces), on premises known as 495 South Broadway, Block: 124, Lot: 48, Zone: “BR”.

# 5266 – Area Variance – Alfred DelBello, Esq., on behalf of Dr. Howard Rakov, owner, for the legalization of alterations, shed, patio and greenhouse to existing 1-family dwelling with dental office having insufficient side yard setback for shed per Section 43-41(O)(3) (5’ required; 1’-6’ +/- proposed); shed is larger than permitted by YBC Section 56-95D (11’ x 12’ maximum permitted; 11’-7” x 20’-6” proposed) – Variance required; exceeds maximum number of accessory structures per Section 43-41(O)(2) (1 permitted, 2 proposed); show compliance with Section 43-41(O) for shed for zoning review; insufficient side yard for storage room at basement level per Section 43-27, Table 43-3 (11’ required: 2’-8” +/- provided); insufficient side yard for patio per Section 43-41(A) (3’ required; 2’-8” +/- provided), on premises known as 64 a/k/a 58 Bradford Boulevard, Block: 4529, Lot: 36, Zone: “S-75”.

# 5267 – Area Variance – Andrew Romano, Esq., on behalf of Li Ying Chen (lessee) and Pete IP, (owner), for the interior alterations to change occupancy to a restaurant having insufficient parking per Section 43-128 and Table 43-4 (required 15 additional parking spaces), on premises known as 642 McLean Avenue, Block: 6006, Lot: 25, Zone: “B”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA