Zoning Board of Appeals

City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes October 18, 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 October 18, 2022 A regular meeting of the Zoning Board of Appeals was held at 6:30 PM on Tuesday, October 18, 2022 in the Communications Room 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. In the absence of the Chair, the ZBA Board discussed who would stand in as Acting Chair, per Article III, Section D of the ZBA Rules of Procedure. A motion to nominate Elvira Castillo as Acting Chair was made by Conrad Cutler and seconded by Shez Darden. The motion was approved 3-0. ROLL CALL The Acting Chair called the roll: In addition to the Acting Chair, attending were Commissioners Conrad Cutler and Shez Darden. Chair Michael Justino and Commissioner Henry Solly were not present. Also attending were Maria Pace, Land Use Board Secretary, Katherine Mella, Associate Commissioner, and Nkechi Nwachukwu, Land Use Counsel. With a quorum of three members present, the Acting Chair opened the regular meeting at 6:30 pm. The Chair read the notice for the Zoning Board of Appeals meeting for Tuesday, October 18, 2022. Item 2 - APPROVAL OF MINUTES The Acting Chair asked if the Commissioners had reviewed the minutes of the August 16, 2022 which had been adjourned from the September meeting. The Commissioners indicated that they had reviewed them. The Acting Chair asked for a motion to approve the minutes for August 16, 2022. Commissioner Darden made the motion, seconded by Commissioner Cutler. The motion was approved 3-0. 1  City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes October 18, 2022 The Acting Chair then asked if the Commissioners had reviewed the minutes of September 20, 2022. Commissioner Cutler abstained from voting because he was not at the September meeting. The Acting Chair then tabled approval of the minutes to the November meeting. 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 Kreshnik Derri. 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: Item Required / Proposed Variance Permitted Requested Lot Area (square feet) 4,500 sf minimum 3,158.85 sf (Lots A & D) 1341.15 sf (A & D); 3,414.1 sf (Lots B & C) 1,085.9 sf (B & C) Lot Area per Dwelling Unit 2,250 sf minimum 1,579.42 sf (Lots A & D); 670.58 sf (A & D); (square feet) 1,707.1 sf (Lots B & C) 542.9 sf (B & C) Lot Width and Frontage - 50’ minimum 30.07’ (Lots A & D); 19.93’ (A & D); Secondary Front Yard (feet) 32.5’ (Lots B & C) 17.5’ (B & C) Side Yard Setback - Each Yard 5’ minimum 0’ (there is a party wall (feet) between attached 5’ dwelling units) Side Yard Setback - Total (feet) 12’ minimum 7.67’ (Lots A & D); 4.33’ (A & D); 2 City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes October 18, 2022 7.83’ (Lots B & C) 4.17’ (B & C) Number of Off-Street Parking 1 space per dwelling 1 car garage per lot 1 space per lot = 4 Spaces unit; both in garage spaces SEQRA Determination: The ZBA confirmed that the proposed action was a Type II action at their May meeting. Shahin Badaly reviewed the financials. The cost to build four 2-family units would be $2,275,200. The expected rent for each unit will be $3,000 per month with a total rent income of $24,000 x 12 months. The yearly rental income of $288,000 would yield a yearly profit of $70,000. For three 2-family units, the cost to build would be $2M. The rent roll per unit of $3,000 per month would yield total rent income of $18,000 for 6 units x 12 months. Yearly rental income would be $216,000 yielding a yearly profit of $18,000. Commissioner Cutler asked if there would be central air conditioning in the building. Kreshnik Derri said no, it would be too expensive. The Acting Chair asked if there were any members of the public who would like to comment. There were no comments. Shahin Badaly reviewed the area variances that were requested. Commissioner Cutler then made a motion to close the public hearing, seconded by Commissioner Darden. However, a member of the public wished to make a statement. A motion to reopen the public hearing was then made by Commissioner Cutler and seconded by Commissioner Darden. Mrs. Annette Shands then made comments along with submitting a written letter regarding density, noise, parking, health and racism. Commissioner Darden then made a motion to close the public hearing, seconded by Commissioner Cutler and approved 3-0. Commissioner Darden then made a motion to approve the application, seconded by Commissioner Cutler and approved 3-0. 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. 3  City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes October 18, 2022 Applicant is Kreshnik Derri. 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. Area Variance Requested: Item Required / Proposed Variance Permitted Requested Side Yard Setback - Each Yard 5’ minimum 0’ 5’ (feet) SEQRA Determination: The ZBA confirmed that the proposed action was a Type II action at its July meeting. Shahin Badaly provided updated drawings and explained that there were no changes to the basement; a trellis and other additions would be made to the exterior. The Acting Chair asked if there were any members of the public who would like to make comments. Mrs. Annette Shands expressed her concerns again and said that she would speak with Corporation Counsel. Commissioner Darden asked Mrs. Shands what she would propose to do with the property. Mrs. Shands responded that she had originally wanted to buy the property and that she suggested its use as a community garden. Commissioner Darden made a motion to close the public hearing, seconded by Commissioner Cutler and approved 3-0. Shahin Badaly then went through the five criteria for area variances and explained how the application satisfies each criterion. Commissioner Darden made a motion to approve the application, seconded by Commissioner Cutler and approved 3-0. Meeting Adjournment There being no other business, Commissioner Cutler made a motion to adjourn the meeting, seconded by Commissioner Darden and approved 3-0. The meeting was adjourned at 7:17 pm. 4 City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes October 18, 2022 Maria Pace Land Use Board Secretary Robert Galvin, AICP Planning Administrator 5