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Zoning Board of Appeals Meeting

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, FEBRUARY 20, 2018 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

# 5552– Area Variance – Andrew Romano, Esq., on behalf of The Elegant Hoarder LLC, contract vendee, on premises known as 324 aka 326 Nepperhan Avenue, Block: 2067, Lot: 50, Zone: I

# 5571– Area Variance – Steven Accinelli, Esq., on behalf of CPD NY Energy Corporation, lessee, on premises known as 1282 Midland Avenue aka 838 Kimball Avenue, Block: 5245, Lot: 5, Zone: BR

# 5573 – Area Variance – Bart Lansky, Esq., on behalf of Hojoon Sooja Kim, owner, on premises known as 853 aka 855 McLean Avenue, Block: 6229, Lot: 15.18, Zone: BR

CONTINUED HEARINGS

# 5566 – Use & Area Variance – James Veneruso, Esq., on behalf of The Plant Manor LLC, owner, on premises known as 1097 North Broadway, Block: 3515, Lot: 80, Zone: CU  **ADJOURNED TO MARCH 20, 2018**

# 5575– Use & Area Variance – Andrew Romano, Esq., on behalf of 125 Vark Street LLC, owner, on premises known as 125 Vark Street, Block: 508, Lot: 12, Zone: UR-MD

NEW HEARINGS

# 5574– Use & Area Variance – Albert Montoya, architect, on behalf of David Kim, lessee, to legalize interior modifications of 2nd floor to be used as a personal customary service (day spa) whereas proposed use not permitted, Section 43-27, Table 43-1 - personal service is not a permitted use in an ''I'' Zone; insufficient parking; Section 43-128/Table 43-4 - requires four (4) additional parking spaces, on premises known as 397 aka 325 Yonkers Avenue, Block: 2272, Lot: 1, Zone: I

# 5576– Area Variance – Matthew J. Smith, Esq. of Smith, Buss & Jacobs, LLP, on behalf of 495 Odell Ave Owners Inc., owner, to increase outdoor parking from 82 to 84 parking spaces whereas parking within the minimum front yard not permitted, Section 43-133(A)1; parking within the minimum side yard not permitted, Section 43-133(A)1; parking within 5 feet of all property lines not permitted, Reference Yonkers Zoning Ordinance 43-44.A.9.b; encroachments into the city right-of-way require approval of the Engineering Department and the City Council; if Variances are granted, Site Plan approval is required, contact Planning Board; the approved plan from 1964 states 115 parking spaces total. The total number may not be reduced; parking within 10 feet of a building on the same lot is not permitted, Reference Yonkers Zoning Ordinance 43-44.A.9.b; parking aisle width (Reference Yonkers Zoning Ordinance 43-134.A.12); a - 90 degree parking (required 24'-0', proposed unknown); design and layout of the parking lot shall comply with the requirements of Section 43-134 to the extent possible; however, the approving agency may allow modifications upon recommendation of the Traffic Engineer pursuant to Section 43-134A.(13), on premises known as 1267 Nepperhan Avenue aka 495 Odell Avenue, Block: 3380, Lot: 1.40, Zone: BA

# 5577– Improvement to a Non-Conforming Use – Andrew Romano, Esq., on behalf of Lauro Campoverde, owner, for interior alterations to basement of non-conforming 2 family semi-attached dwelling containing a recreation room, lavatory and laundry area whereas improvement to a non-conforming use requires Zoning Board of Appeals approval (Reference Yonkers Zoning Ordinance 43-21.G), on premises known as 2 Hamilton Avenue, Block: 161, Lot: 75, Zone: M

# 5578– Improvement to a Non-Conforming Use –Smith, Buss & Jacobs, LLP, on behalf of 1 Hawley Terrace Owners Corp., owner, for fire restoration, gut rehabilitation of five floors- residential use whereas pursuant to Section 43-21E; reconstruction of fire damaged non-conforming use shall be in accordance with the plan approved by the Zoning Board of Appeals pursuant to 43-144K, on premises known as 1036 Warburton Avenue aka 1 Hawley Terrace, Block: 3555, Lot: 112, Zone: S-50

# 5579– Area Variance –Project Expediters Inc., on behalf of Bank of America, lessee, to replace two existing ATM machines in interior vestibule and add one new ATM in same vestibule having insufficient parking, Section 43-128 Table 43-4; schedule of parking requirements (non-residential accessory uses) new ATM requires two (2) additional spaces/proposed 0 cars, on premises known as 928 McLean Avenue, Block: 6236, Lot: 23,Zone: B

# 5580– Area Variance –Steven Accinelli, Esq., on behalf of Hudson Regency Venture LLC, owner, to enlarge parking structure having insufficient side-front yard, Section 43-27, Table 43-9, (required 10 ft., proposed 5.0 ft.); insufficient side yard, Section 43-27, Table 43-9, (required 10 ft., proposed 5.33 ft.); insufficient rear yard, measured to parking structure, Section 43-27, Table 43-9, (required 20 ft., proposed 4.1 ft.); exceeding maximum permitted height, Section 43-27, Table 43-9 (required 50 ft. and 5 stories, proposed 167.84 ft. and 17 stories including parking.), on premises known as 56 aka 52 Prospect Street (aka 78 & 86 Buena Vista Avenue aka 29, 33, 43, 45 Hawthorne Avenue), Block: 509, Lot: 1 (3, 8, 13, 14, 66, 72), Zone: UR-MD

# 5581–Area Variance – Andrew Romano, Esq., on behalf of Victor Acevedo, owner, to legalize existing retaining walls whereas retaining wall exceeds maximum permitted height in front yard (4.0’ max permitted/10.9’+/- provided-Devoe Avenue)(7.0’ +/- provided-Wendover Road); retaining wall exceeds maximum permitted height in side yard (6.0’ maximum permitted/9.0’ provided), on premises known as 182 Devoe Avenue, Block: 6011, Lot: 80, Zone: S-50

# 5582– Area Variance –Steven Accinelli, Esq., on behalf of Sammy Midland Properties Corp, owner, to convert first floor from restaurant to retail and second floor restaurant to 2 apartments having exceeding maximum permitted lot coverage (43-27 Table 43-3), 40% maximum permitted, 55% proposed; insufficient rear yard 25.0' minimum required 4.5' +/- (scaled) (at 2nd floor residential) & 4.5' +/- (1st floor rear office (structure to be legalized)); insufficient side yard, 43-27, Table 43-3 - 16.0' minimum required/0.5' +/- (scaled) (2nd floor residential); insufficient total side yard - 43-27, Table 43-3, 32.0' minimum; 1.5' +/- (scaled), on premises known as 861 Midland Avenue, Block: 5054, Lot: 28, Zone: B

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

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