Zoning Board of Appeals

City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes September 20, 2022 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 Michael Justino Mayor Chair ZONING BOARD OF APPEALS MEETING MINUTES for September 20, 2022 A regular meeting of the Zoning Board of Appeals was held at 6:41 PM on Tuesday, September 20, 2022 in Commissioner Rausse’s office in the Planning Department on the 2nd Floor of City Hall. Applicants and members of the public were permitted to attend and make public comment via in person attendance. The Chair indicated that the roll call was the first item on the agenda. ROLL CALL The Chair called the roll: In addition to the Chair, attending were the following Commissioners: Elvira Castillo, Shez Darden, and Henry Solly. Commissioner Conrad Cutler was not present. Also attending were James Rausse, Planning Department Commissioner, Maria Pace, Land Use Board Secretary, Katherine Mella, Associate Commissioner, and Nkechi Nwachukwu, Land Use Counsel. With a quorum of four members present, the Chair opened the regular meeting at 6:41 pm. The Chair read the notice for the Zoning Board of Appeals meeting for Tuesday, September 20, 2022. Item 2 - APPROVAL OF MINUTES The Chair advised that he understood that the minutes from the August 16, 2022 meeting were not available. Land Use Board Secretary Maria Pace explained that, due to the unexpected illness involving a member of the Planning Department, the minutes were not completed. Ms. Pace then requested that the approval of the minutes be adjourned to the October 18, 2022 meeting. The Commissioners all agreed, and the Chair asked for a motion to adjourn approval of the August 16 minutes to the October 18 meeting. 1  City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes September 20, 2022 Commissioner Castillo made the motion to approve, seconded by Commissioner Darden. The motion was approved 4-0. Closed Public Hearing The Chair read the description for Calendar #1764-Z, 219 Tecumseh Avenue (Section 165.82, Block 4041, Lot 19) located in the R2-4.5 Zoning District. Applicant is applying for four area variances in order to subdivide the subject property into two lots. The subject property consists of 8,000 sf (80’ x 100’) which is proposed to be subdivided into two 40’ x 100’ lots. Lot 19A is occupied by an existing residence at 219 Tecumseh Avenue. The existing 2,006 sf residence was built in 1903. Lot 19B will be vacant and used for the development of a new two-family residence. The subject property is an interior lot in the two-family R2-4.5 zone. It is on the east side of Tecumseh Avenue located between East Fourth Street and Beekman Avenue. Lot 19B has a significant tree (larger than 8” (DBH) in the middle of the parcel. Review of widths/frontages for lots along Tecumseh Avenue Staff of the Planning Department conducted this review. On the east side of Tecumseh Avenue, the two adjacent properties to the north of the subject property and the five properties to the south all have a 40’ lot width and frontage. This represents 88% or seven lots out of the eight interior lots on the east side of Tecumseh Avenue. The remaining lot has 65’ frontage. On the west side of Tecumseh, there are eight interior lots with four lots having 40’ frontage or 50% of the interior lots. There is one lot at 224 Tecumseh opposite the vacant portion of the subject property which has a double lot with 100’ frontage. The remaining three lots on the west side have frontages of 50’, 60’ and 64’. Area Variances Requested: Lot Width and Frontage of 40’ where minimum of 50’ is required Lot Area of 4,000 sf where 4,500 sf is required Lot Area per dwelling unit of 2,000 sf where Lot Area per Dwelling Unit of 2,250 sf is required Applicant is providing driveway for parking where parking requirement is 1 space per dwelling. For an attached 2-family residence, both spaces are required to be in a garage. 2  City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes September 20, 2022 SEQRA – The ZBA confirmed that the proposed action was a Type II action at their May meeting. After some discussion, the Chair and Commissioners agreed to not reopen the public hearing. The Chair read into the record an email from resident, Michelle Purville, dated September 5, 2022. The Chair requested that he and the Commissioners review the ZBA’s five criteria for area variance findings and decision: 1) it was determined that no undesirable change would be produced in the character of the neighborhood or detriment to nearby properties; 2) there would be no feasible alternative to the variance sought by the applicant; 3) the requested variance is substantial; 4) there would be no adverse impact on the physical or environmental conditions in the neighborhood; 5) the alleged difficulty was self-created. A motion was made by Commissioner Darden and seconded by Commissioner Solly to vote to approve the application for 219 Tecumseh Ave. and modified by Chair Justino with the condition that the utility pole be relocated and to confirm the application is for a single family, not a 2- family home. The motion was approved 3-1. Continued Public Hearing The Chair read the description for Calendar #1767-Z, 454 South Ninth Avenue (Section 169.38, Block 3047, Lots 14 & 15) in the RMF-6.75 Residential District. The Applicant is Derri Kreshnik. He is represented by Mr. Shahin Badaly, PE. Applicant is requesting area variances to subdivide and reapportion two existing lots (lots 14 & 15) consisting of 10,500 sf and 2,525 sf, respectively. Applicant is requesting area variances to allow subdivision of total 13,025 sf property into 4 lots. Would build attached 2-family residence on each of the 4 lots (total of 8 units). The property is zoned RMF-6.75. The attached 2-family units are regulated under the R2-4.5 zoning district. ZBA discussed the parking requirements, the number of units and number of bedrooms in each unit, and the tandem parking spaces (for renters) and maneuverability of these spaces. A previous comment from a Commissioner indicated that the applicant should do attached single family residences which would address the parking and the maneuverability of the spaces. The applicant provided a “Cost to Build” letter for the Board’s review. The letter provided the estimated costs for building four 2-family homes. He will be living in one of the properties. Area Variances Requested: 3  City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes September 20, 2022 Lot area is a minimum of 4,500 sf. Area variance for lot area is required for each of the lots: Lot A and D have 3,158.85 sf and Lots B and C are 3,414.1 sf. Lot area minimum per dwelling unit is 2,250 sf. Area variance needed for Lot A and D which have 1,579.42 sf. Lot B & C have 1,707.1 sf. Lot width and frontage requirement is 50’. Area variance needed for Lots A & D which provide 30.07’ and Lots B & C which provide 32.5’. Side yard setback requirement is 5’. Since the proposal is for attached dwellings on each lot, there is a party wall between the structures which would result in a 0’ side yard setback. The total side yard setback requirement is 12’. An area variance is needed for Lots A & D which provide 7.67’ while Lots B & C provide 7.83’. Number of off-street parking spaces. Parking requirement is 1 space per unit, both spaces required to be in a garage. Applicant is providing only a one-car garage on each lot where two off- street parking spaces in garages are required for each lot. SEQRA Determination: The ZBA confirmed that the proposed action was a Type II action at their May meeting. The Chair asked if Mr. Kreshnik had done an analysis of building 3 units vs. 8 units. Mr. Kreshnik explained that 3 units would not work for him and that 8 units is least density intensive to the area. Commissioner Darden asked why are you renting and not selling? How is there a deficit for rentals? Chair Justino suggested that a rental analysis should have been done. Chair Justino then opened the public hearing for public comments. Mrs. Annette Shands, a resident, explained that her family has lived next door to this property for over 80 years. At one time, the family who lived there took good care of the home and property until the last property owner passed away in 2006. It is now a vacant lot. She expressed concern that this project would be very close to her property line and a larger dwelling would block her view. Chair Justino said that the property was sold in 2007 and the house torn down. He asked when the zoning was changed from 1-family to RMF-6.75? Michelle Purville, a resident, said that the home may have been grandfathered as a 2- family although it was utilized as a 1-family. 4 City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes September 20, 2022 Commissioner Castillo made a motion to keep the public hearing open, seconded by Commissioner Darden. The motion was approved 4-0. Commissioner Castillo made a motion to move the discussion of the application to the October 18 meeting, seconded by Commissioner Darden. The motion was approved 4-0. Continued Public Hearing The Chair read the description for Calendar #1768-Z, 405 South Fifth Avenue (Section 169.31, Block 3090, Lot 01) in the RMF-6.75 Residential District. Applicant is Derri Kreshnik. The Applicant’s representative is Mr. Shahin Badaly, PE. Applicant is requesting an area variance to subdivide the 10,500 sf property into two 5,250 sf lots. It has an existing residence on the site. Would build attached single-family residence on each of the 2 lots (total of 4 units). There will be 2 spaces per unit in a garage under the residence provided, accessible from driveway from West Fifth Street. The property is zoned RMF-6.75. This is not a use variance. Area Variance Requested: Minimum side yard setback of 0’ is proposed where 5’ is required, SEQRA Determination: The ZBA confirmed that the proposed action was a Type II action at its July meeting. Shahin Badaly explained that that the residences would include 4 bedrooms and 1 large playroom. The floor plan would include four elevations. Commissioner Darden expressed concern about misuse of the property. Commissioner Castillo made a motion to adjourn the public hearing to the October meeting, seconded by Commissioner Darden. The motion was approved 4-0. Continued Public Hearing The Chair read the description for Calendar #1769-Z, 357 Bedford (Section 169.25, Block 4052, Lots 12 and 13) in the R2-4.5 Residential District The Applicant is Sanatkumar Muhajir (Testamentary Trust). The Applicant’s representative and architect is Mr. Tom Abillama. Application consists of two properties on the east side of Bedford Avenue at East Fifth Street. 5  City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes September 20, 2022 Applicant will demolish an existing 2-car garage on Lot 12 and subdivide into two lots with attached two family residences on each lot. Lot 12.1.A will provide parking in a garage under the unit and an outdoor space in the driveway. The second Lot 12.1.B will provide outdoor parking for two vehicles at the rear of the house and driveway accessible from East Fifth Street. Area Variances Requested: Lot 13 (357 Bedford Avenue) Outdoor parking spaces - 1 parking space per unit is required (2 total). Both spaces for the 2-family residence should be in a garage. Two new outdoor parking spaces are being added on a new driveway leading from Bedford Avenue. Subdivided lots on Lot 12 (12.1.A and 12.2 B) Lot area minimum of 4,500 sf is required. 3,750 sf proposed. Lot area per dwelling unit minimum of 2,250 sf is required. 1,850 sf (12.1.A) 1,875 sf (12.2.B) proposed. Front Yard Setback 20’ minimum is required. 11’ (12.2.B) proposed. Rear Yard Setback 20’ minimum is required. 17’ (12.1A) and 7’ (12.2.B) proposed. Building Coverage of 40% maximum is required. 46% proposed (12.2.B) SEQRA Determination: The ZBA confirmed that the proposed action was a Type II action at its July meeting. Mr. Abillama proposed two outdoor parking spaces that should be indoors. Nothing else has changed in the plans. A Commissioner said that the rear setback is substantial. Can the number of bedrooms be changed? Mr. Abillama said that there would be a ½ bath on the first floor and 2 bathrooms on the second floor. The Chair opened the public hearing for public comments. There were none. 6 City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes September 20, 2022 A motion was made by Commissioner Castillo, seconded by Commissioner Darden, to close the public hearing. The motion was approved 4-0. The Chair and the Commissioners reviewed the ZBA’s five criteria for area variance findings and decision: 1) it was determined that no undesirable change would be produced in the character of the neighborhood or detriment to nearby properties; 2) there would be no feasible alternative to the variance sought by the applicant and the applicant has done modifications; 3) the requested variance is not substantial; 4) there would be no adverse impact on the physical or environmental conditions in the neighborhood; 5) the alleged difficulty was self-created but the proposal is an opportunity to develop a vacant lot. Commissioner Castillo made a motion to accept the application for 357 Bedford Ave., seconded by Commissioner Darden. The motion was approved 4-0. Meeting Adjournment The Chair asked if there was any other business. There being none, he asked for a motion to adjourn the meeting. Commissioner Darden made a motion to adjourn the meeting, seconded by Commissioner Castillo and carried by a vote of 4-0. Meeting was closed at 9:00 pm. Maria Pace Land Use Board Secretary Robert Galvin, AICP Planning Administrator 7