BOARD OF ZONING APPEALS
December 5, 2005

 

9:30   Ward 13
Calendar No. 05-336: 1949 Columbus Road Joe Cimperman
    9 Notices

Sandro Santoli appeals to erect a 21’ x 45’ four-story single family residence, proposed to be situated on an approximate 25’ x 79’ parcel located in a Semi-Industry District on the east side of Columbus Road at 1949 Columbus Road; subject to the limitations of Section 345.03, no dwelling shall be located within 200’ of a General Industry District unless approved by the Board of Zoning Appeals; and contrary to Section 355.01, a maximum gross floor area of 3,780 s/f is provided instead of 50% of the lot size, or 1,852 s/f, with a rear yard of 23 ½’ where the requirement is one-half the height of the main building or 47 ½’ and the interior side yard provided is 0’ and 3’, where the total must equal not less than one-fourth the height of the main building or 11’-8” as stated in Sections 357.08(b)(2) and 357.09(2)B of the Codified Ordinances.



9:30
Calendar No. 05-337: 1951 Columbus Road Ward 13

Sandro Santoli appeals to erect a 21’ x 45’ four-story single family residence, proposed to be situated on an approximate 25’ x 79’ parcel located in a Semi-Industry District on the east side of Columbus Road at 1951 Columbus Road; subject to the limitations of Section 345.03, no dwelling shall be located within 200’ of a General Industry District unless approved by the Board of Zoning Appeals; and contrary to Section 355.01, a maximum gross floor area of 3,780 s/f is provided instead of 50% of the lot size, or 1,852 s/f, with a rear yard of 23 ½’ where the requirement is one-half the height of the main building or 47 ½’ and the interior side yard provided is 0’ and 3’, where the total must equal not less than one-fourth the height of the main building or 11’-8” as stated in Sections 357.08(b)(2) and 357.09(2)B of the Codified Ordinances. (Filed 11-4-05)



9:30   Ward 17
Calendar No. 05-339: 5709 Side Avenue Matthew Zone
    22 Notices

Sutton Builders, owner, appeal to construct a single family dwelling and garage in a three-story, four unit townhouse building, to be situated on an irregular shaped corner parcel in a B1 Two-Family District on the southwest corner of Side Avenue and West 58th Place at 5709 Side Avenue; contrary to Section 337.03, the proposed row house/townhouse is not permitted in a Two-Family District and contrary to Section 355.04(b), a maximum gross floor area of 1,898 s/f is proposed, instead of one-half the lot size, or 512 s/f; with a 15’-2” lot width instead of 40’ and a 1,023 s/f minimum lot area, instead of 2,400 s/f; and contrary to Section 357.08(b)(1) an 18’ rear yard depth is proposed where 20’ is required; and in a Two-Family District, no interior side yard shall be less than 5’ in width for a corner lot, nor less than a 3’ width for an interior lot, and the aggregate width of side yards on the same premises shall not be less than 10’ as stated in Section 357.09(b)(2)B of the Codified Ordinances. (Filed 11-7-05)



9:30   Ward 17
Calendar No. 05-340: 5711 Side Avenue Matthew Zone
22 Notices

Sutton Builders, owner, appeal to construct a single family dwelling and garage in a three-story, four unit townhouse building, to be situated on an irregular shaped corner parcel in a B1 Two-Family District on the southwest corner of Side Avenue and West 58th Place at 5711 Side Avenue; contrary to Section 337.03, the proposed row house/townhouse is not permitted in a Two-Family District and contrary to Section 355.04(b), a maximum gross floor area of 1,862 s/f is proposed, instead of one-half the lot size, or 506 s/f; with a 15’ lot width instead of 40’ and a 1,012 s/f minimum lot area, instead of 2,400 s/f; and contrary to Section 357.08(b)(1) an 18’ rear yard depth is proposed where 20’ is required; and in a Two-Family District, no interior side yard shall be less than 5’ in width for a corner lot, nor less than a 3’ width for an interior lot, and the aggregate width of side yards on the same premises shall not be less than 10’ as stated in Section 357.09(b)(2)B of the Codified Ordinances. (Filed 11-7-04)



9:30    
Calendar No. 05-341: 5713 Side Avenue Ward 17

Sutton Builders, owner, appeal to construct a single family dwelling and garage in a three-story, four unit townhouse building, to be situated on an irregular shaped corner parcel in a B1 Two-Family District on the southwest corner of Side Avenue and West 58th Place at 5713 Side Avenue; contrary to Section 337.03, the proposed row house/townhouse is not permitted in a Two-Family District and contrary to Section 355.04(b), a maximum gross floor area of 1,862 s/f is proposed, instead of one-half the lot size, or 506 s/f; with a 15’ lot width instead of 40’ and a 1,012 s/f minimum lot area, instead of 2,400 s/f; and contrary to Section 357.08(b)(1) an 18’ rear yard depth is proposed where 20’ is required; and in a Two-Family District, no interior side yard shall be less than 5’ in width for a corner lot, nor less than a 3’ width for an interior lot, and the aggregate width of side yards on the same premises shall not be less than 10’ as stated in Section 357.09(b)(2)B of the Codified Ordinances.



9:30    
Calendar No. 05-342: 5715 Side Avenue Ward 17

Sutton Builders, owner, appeal to construct a single family dwelling and garage in a three-story, four unit townhouse building, to be situated on an irregular shaped corner parcel in a B1 Two-Family District on the southwest corner of Side Avenue and West 58th Place at 5715 Side Avenue; contrary to Section 337.03, the proposed row house/townhouse is not permitted in a Two-Family District and contrary to Section 355.04(b), a maximum gross floor area of 1,898 s/f is proposed, instead of one-half the lot size, or 512 s/f; with a 15’-2” lot width instead of 40’ and a 1,023 s/f minimum lot area, instead of 2,400 s/f; and contrary to Section 357.08(b)(1) an 18’ rear yard depth is proposed where 20’ is required; and in a Two-Family District, no interior side yard shall be less than 5’ in width for a corner lot, nor less than a 3’ width for an interior lot, and the aggregate width of side yards on the same premises shall not be less than 10’ as stated in Section 357.09(b)(2)B of the Codified Ordinances.



9:30   Ward 17
Calendar No. 05-343: 1946 West 57th Street Matthew Zone
    22 Notices

Sutton Builders, owner, appeal to construct a single family dwelling and garage in a three-story, five unit townhouse building, to be situated on an irregular shaped corner parcel in a B1 Two-Family District on the southwest corner of West 57th Street and Side Avenue at 1946 West 57th Street; subject to the limitations of Section 337.03, the proposed row house/townhouse is not permitted in a Two-Family District and contrary to Section 355.04(b), a maximum gross floor area of 1,908 s/f is proposed instead of one-half the lot size, or 504 s/f; with a 15’-2” lot width instead of 40’ and a 1,008 s/f minimum lot area, instead of 2,400 s/f; and contrary to Section 357.08(b)(1) an 18’ rear yard depth is proposed where 20’ is required; with no side yards proposed and in a Two-Family District, no interior side yard shall be less than 5’ in width for a corner lot, nor less than a 3’ width for an interior lot, and the aggregate width of side yards on the same premises shall not be less than 10’ as stated in Section 357.09(b)(2)B of the Codified Ordinances.



Calendar No. 05-344: 1948 West 57th Street Ward 17

Sutton Builders, owner, appeal to construct a single family dwelling and garage in a three-story, five unit townhouse building, to be situated on an irregular shaped corner parcel in a B1 Two-Family District on the southwest corner of West 57th Street and Side Avenue at 1948 West 57th Street; subject to the limitations of Section 337.03, the proposed row house/townhouse is not permitted in a Two-Family District and contrary to Section 355.04(b), a maximum gross floor area of 1,838 s/f is proposed instead of one-half the lot size, or 499 s/f; with a 15’ lot width instead of 40’ and a 997.5 s/f minimum lot area, instead of 2,400 s/f; and contrary to Section 357.08(b)(1) an 18’ rear yard depth is proposed where 20’ is required; with no side yards and in a Two-Family District, no interior side yard shall be less than 5’ in width for a corner lot, nor less than a 3’ width for an interior lot, and the aggregate width of side yards on the same premises shall not be less than 10’ as stated in Section 357.09(b)(2)B of the Codified Ordinances.



Calendar No. 05-345: 1950 West 57th Street Ward 17

Sutton Builders, owner, appeal to construct a single family dwelling and garage in a three-story, five unit townhouse building, to be situated on an irregular shaped corner parcel in a B1 Two-Family District on the southwest corner of West 57th Street and Side Avenue at 1950 West 57th Street; subject to the limitations of Section 337.03, the proposed row house/townhouse is not permitted in a Two-Family District and contrary to Section 355.04(b), a maximum gross floor area of 1,838 s/f is proposed instead of one-half the lot size, or 499 s/f; with a 15’ lot width instead of 40’ and a 997.5 s/f minimum lot area, instead of 2,400 s/f; and contrary to Section 357.08(b)(1) an 18’ rear yard depth is proposed where 20’ is required; with no side yards and in a Two-Family District, no interior side yard shall be less than 5’ in width for a corner lot, nor less than a 3’ width for an interior lot, and the aggregate width of side yards on the same premises shall not be less than 10’ as stated in Section 357.09(b)(2)B of the Codified Ordinances.



Calendar No. 05-346: 1952 West 57th Street Ward 17

Sutton Builders, owner, appeal to construct a single family dwelling and garage in a three-story, five unit townhouse building, to be situated on an irregular shaped corner parcel in a B1 Two-Family District on the southwest corner of West 57th Street and Side Avenue at 1952 West 57th Street; subject to the limitations of Section 337.03, the proposed row house/townhouse is not permitted in a Two-Family District and contrary to Section 355.04(b), a maximum gross floor area of 1,838 s/f is proposed instead of one-half the lot size, or 499 s/f; with a 15’ lot width instead of 40’ and a 997.5 s/f minimum lot area, instead of 2,400 s/f; and contrary to Section 357.08(b)(1) an 18’ rear yard depth is proposed where 20’ is required; with no side yards and in a Two-Family District, no interior side yard shall be less than 5’ in width for a corner lot, nor less than a 3’ width for an interior lot, and the aggregate width of side yards on the same premises shall not be less than 10’ as stated in Section 357.09(b)(2)B of the Codified Ordinances.



Calendar No. 05-347: 1954 West 57th Street Ward 17

Sutton Builders, owner, appeal to construct a single family dwelling and garage in a three-story, five unit townhouse building, to be situated on an irregular shaped corner parcel in a B1 Two-Family District on the southwest corner of West 57th Street and Side Avenue at 1954 West 57th Street; subject to the limitations of Section 337.03, the proposed row house/townhouse is not permitted in a Two-Family District and contrary to Section 355.04(b), a maximum gross floor area of 1,897 s/f is proposed instead of one-half the lot size, or 507 s/f; with a 15’ lot width instead of 40’ and a 1,013.3 s/f minimum lot area, instead of 2,400 s/f; and contrary to Section 357.08(b)(1) an 18’ rear yard depth is proposed where 20’ is required; with no side yards and in a Two-Family District, no interior side yard shall be less than 5’ in width for a corner lot, nor less than a 3’ width for an interior lot, and the aggregate width of side yards on the same premises shall not be less than 10’ as stated in Section 357.09(b)(2)B of the Codified Ordinances.



9:30   Ward 13
Calendar No. 05-349: 2087 West 7th Street Joe Cimperman
    12 Notices

Sutton Builders owner, appeal to construct a 42’ x 36’ three-story single family residence on a 113’ x 59’ triangular shaped corner parcel located in a Multi-Family District on the northeast corner of West 7th Street and University Row at 2087 West 7th Street; contrary to Section 357.04 of the Yards and Courts Requirements, a 6’ front yard setback is provided, where the line of the existing dwelling on the adjacent lot equals 7’ and according to the provisions of Section 357.09(2)(b), the interior side yard shall equal one-fourth the height of the main building and 3.67’ is provided where 9.25’ is required; and Section 357.05(A) states that a 5’ side yard is required for a corner lot and 4’ is provided; and contrary to Section 357.09(2)(A), a 5’ distance is provided from the main building on the adjacent lot where 10’ is required; and Section 357.13(b)(4) states that open porches shall not extend within 10’ of the street line; with a rear yard depth of 4’ provided, instead of either 20’ or, one-half the height of the main building on the lot, being 17’ according to Section 357.08 of the Codified Ordinances. (Filed 11-11-05)


POSTPONED FROM OCTOBER 24, 2005


10:30   Ward 14
Calendar No. 05-208: 2906 Fulton Road Nelson Cintron

22 Notices

Luis Burgos and Caribe Development Company LLC, owner, appeal to erect a 5,200 s/f one-story bakery and restaurant and a 23 space parking lot , proposed to be situated on a 177’ x 200’ corner lot located in split zoning for Local Retail Business and Two-Family Districts on the southwest corner of Fulton Road and Seymour Avenue at 2906 Fulton Road; contrary to Section 337.03, the bakery, restaurant and accessory parking lot are not permitted in the residential district but are first permitted in a Local Retail Business District; and driveways providing access to the proposed parking are 8’ from the adjoining property lines instead of 15’, as stated in Section 349.07(c)(2) of the Codified Ordinances. (Filed 6-14-05; no testimony taken.)

Third postponement requested by the Councilman for added review of the overall plan and its impact on the neighboring community.



10:30   Ward 17
Calendar No. 05-303: 6501-09 Lorain Avenue Matthew Zone
    7 Notices

Carlo Gutierrez, owner, appeals to change the use from a store to a day care in the first floor of an existing two-story mixed use building, situated on a 206’ x 165’ corner lot in a Local Retail Business District on the southwest corner of Lorain Avenue and West 65th Street at 6501-09 Lorain Avenue; subject to the Board of Zoning Appeals approval, the day care use is regulated as in the least restricted Residence District adjacent to the Local Retail District and the lot is adjacent to a Two-Family District; and contrary to Sections 349.04 (c) and (g), 7 off-street parking spaces are required and those proposed not being permitted for the purpose of traffic safety and vehicles backing out onto West 65th Street; with a 36’ driveway width proposed where the maximum width of a driveway is 30’ according to Section 349.06(c)(3); and contrary to the Fence Regulations, a 6’ high fence is proposed along West 65th Street where a fence in the actual side street yard in a non-residential district may not exceed 4’ in height, as stated in Section 358.05(a)(2) of the codified Ordinances. (Filed 9-28-05; testimony taken.)

First postponement granted for additional plan review and time to consult with the Law Department for a final determination on the proposed parking arrangement and the Zone Recreation Center.