Zoning Board of Appeals
Regular MeetingMount Vernon, NY · October 19, 2021
Agenda
City of Mount Vernon Meeting Date
Zoning Board of Appeals Agenda September 20, 2021
Zoning Board of Appeals
Department of Planning & Community Development
City Hall - Roosevelt Square
Mount Vernon, New York 10550-2060
(914) 699-7230
Shawyn Patterson-Howard
Mayor Chair
ZONING BOARD OF APPEALS
MEETING/HEARING
AGENDA
A work session of the Zoning Board of Appeals will be held on Tuesday, October 19, 2021 at
6:00 PM via ZOOM (https://zoom.us/). The regular meeting of the Zoning Board of Appeals will
be continued at 6:30 PM on October 19, 2021 via ZOOM at which time the Board shall
consider the following:
ITEM #1 ROLL CALL
ITEM #2 APPROVAL OF MINUTES
• September 20, 2021 minutes
ITEM #3 New Public Hearing
3.1 Calendar # 1758-Z 0 Millington Street (Section 165.25, Block 4055, Lot 6) located
in the R2-4.5 Zoning District.
This application is being placed on the agenda due to the need to re-notice the
Application and update the posted sign. The hearing which was previously closed will
be reopened for public comment.
Applicant (Millington LLC) is the owner of a vacant 0.23-acre (10,500 sf) parcel
located at 0 Millington Street. The subject property is on the south side of
Millington Street closer to Columbus Avenue in the R2-4.5 zoning district. The
existing lots on the south side of Millington Street are 140’ in depth. The vacant lot
is near a church at the corner of Columbus Avenue and Millington Street. There is
a three story, apartment building across from the site on the north side of
Millington at its corner with Columbus Avenue in the RMF-15 zone.
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City of Mount Vernon Meeting Date
Zoning Board of Appeals Agenda September 20, 2021
The Applicant is represented by Mr. Shahin Badaly, PE who has developed the
plans for the proposed subdivision and the proposed 2 two family residences. The
existing lot width is 75’ with a 140’ depth with a lot size of 10,500 sf. The Applicant
is requesting an area variance for the proposed lot width and frontage for each new
lot. Applicant is proposing a lot width and frontage of 37.5’ for each lot whereas
the requirement is 50’.
If the applicant is successful in obtaining an area variance, the subdivision would
require a subdivision approval from the Planning Board.
SEQRA – The proposed action is a Type II action based on 617.5(c)(16) “granting of
individual setback and lot line variances and adjustments;” Therefore, ending the SEQRA
process.
3.2 Calendar # 1759-Z 419 South 1st Avenue (Section 169.31, Block 3128, Lot 37)
located in the RMF 6.75 Zoning District.
This application is being placed on the agenda due to the need to re-notice the
Application and update the posted sign. The hearing which was previously closed will
be reopened for public comment.
Applicant is Jose Zuniga, the owner of a single-family residence at 419 South 1st Avenue.
The property is located on the easterly side of South 1st Avenue approximately 225’ south
of the intersection of East 5th Street and South 1st Avenue.
The subject property has several dimensional non-conformities including the following:
a) lot area is 2,575 sf whereas 6,750 sf is the minimum lot area in the RMF-6.75 zone;
b) the lot width and frontage are approximately 25’ whereas 75’ is the minimum
required in the zone; c) the side yards should be 7’ but are only 1.5’. The rear yard
conforms to the zoning.
The owner began renovations to the residence which included addition of a porch at
second floor at the front of the house. Application is to legalize the work so that a
building permit and Certificate of Occupancy can be issued.
Applicant has provided a Statement of Points relative to his request for zoning relief
based on 267-11 (C). The section of the code is included below.
267-11 ( C ) Dimensional nonconformity. A building or structure that is conforming in use
but does not conform to the lot dimension, yard dimension, height, building coverage, floor
area ratio, off-street parking, loading or similar dimensional requirements of this chapter
shall be deemed to be dimensionally nonconforming. No building permit shall be issued
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City of Mount Vernon Meeting Date
Zoning Board of Appeals Agenda September 20, 2021
that will result in the increase of any such dimensional nonconformity, but any building or
structure or portion thereof may be altered to decrease its dimensional nonconformity.
SEQRA – The proposed action is a Type II action based on 617.5(c)(16) “granting of
individual setback and lot line variances and adjustments;” and based on 617.5(c)(17)
“granting of an area variance for a single-family, two-family or three-family residence”
Therefore, ending the SEQRA process.
Note: Work Sessions will be open to the public but closed to public participation subject to the
Open Meetings Law, [Section 105 of New York State Public Officers Law, Article 7].
Note: Items listed on the agenda are subject to change and amendments and/or additions may
be placed on the agenda
Upcoming Dates
- TUESDAY, November 16, 2021, at 6:00 pm for ZBA Work Session
- TUESDAY, November 16, 2021, at 6:30 pm for Regular Meeting of the Board of
Appeals
Marlon Molina 2nd Deputy Planning Commissioner
cc: Shawyn Patterson-Howard, Mayor
Planning Board
Planning Commissioner
Building Department
Corporation Counsel
City Clerk; Lobby
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