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HomeMy WebLinkAbout220 k ' PUBLIC NOTICE f' TAKE NOTICE that the Zoning Board of Appeals of the Town of Rye will hold a public meeting on the 27th day of ldarch, 1340, at €3 o'clock in the evening, at the Town Rooms , 125 North Main Street, Port Chester, New York, to consider the application of Pernna--Silt Homes Corporation for a variance of the provislons of Section 14, Subdivision 2 of the Zoning Ordinance or.' the 'Down of Rye, requiring minimum side yards of 8 Feet for a single residence in a "Residence All district and permit the erection of a single family house on lots numbers 64, 85 and 86, Block H, Map of Tamarack wardens, with a side yard of 5.80 feet on the easterly side of said dwelling and 17.75 feet on the west- erly side of said dwelling, and to transact such other and further -business as may properly come before the meeting;. F E r Dated, Port Chester, -kew York March / J? 4t, 1940. 77 Jz— is- Chairrran of the Zoning Board of Appeals L • OFFICES OF TOWN ATTORNEY TOWN OF RYE 101 WESTCHESTER AVENUE PORT CHESTER. N. Y. '.i1'J►- 4. TER March 18, 1940 JOHN L. COWARD TOWN ATTORNEY N.r. Harvey S. Quigel c/o The Port of Dew York Authority 111 Eighth Avenue New York City, New York Dear Sir: Your letter of March lfth enclosing petition of Perma-Bilt domes Corporation for a variance of Section 14, Subdivision 2 of the Zoning Ordinance received. I have prepared the notice of the meeting to be held at the Town Rooms, 125 forth Main Street, on Wednesday evening, March 27th, at 8 o ' clock, and I will forward a copy to the Daily Item for publication and also to the other members of the Board, as requested. In regard to your request for information as to whether or not the petitioner owns the property on the easterly side of the premises in question, would state that I have no records in my office regardin, the information requested and, in order to obtain same , it would be neces- sary to have a search made of the records in the Register's office in White Plains ,, which would involve considerable time . Unless - the Perma-Bilt Homes Corporation can produce a deed covering same. Due to previous engagements during the week of March 27th, it may not be possible for me to attend this meeting and in order that you may have the petition at that time , I am herewith returning the original petition. Very truly yours , r � JLC :ES i I TO THE BOARD OF APPEALS OF THE T97N OF RYE,N.Y. :- i The petition of P7RINA-BILT HOIw'!'ES CORP, rosnectfull shows That the petitioner is a New York corporation hav- ing its principal place of business in the Town of Rye, 3•'.Y. That the petitioner is the owner of certain i� premises located on the southeast corner of Rid o Boulevard and Tamarack Road, in the Town of Rye, known as lots Nos . 84 65 and 86, Block H ; and that the petitioner is constructing a one-family dwelling and garage upon said premises for Harry "T. Big;�s and Beryl Biggs , of White Plains, N.Y. ; said dwelling is now fully enclosed and roofed, and rough plumb- ing and electrical wiring inst !lled. j That a Permit to Build, to wit, No. 220, dated December 13, 1939 , was issued by the Building Inspector to the petitioner granting permission to erect a dwelling on said premises in accordance with the drawings submitted with an application therefor. That s urvey of said premises shows a side lard of 5.80 feet on the easterly side of the dwelling and a side yard of 17 .75 feet on the westerly side. That it was originally the intention of the peti- tioner to construct said dwelling so as to provide a side yard of 8 feet on the easterly side of the dwelling hind a correspondingly smaller side yard on the westerly side. That the present location of the dwelling upon thel building plot -- with an easterly side yard of 5.PO feet was fixed at the suggestion of the Building Inspector who desired the petitioner to conform the westerly sire of the structure as much as possible with the established building line on the easterly side of Tamarack Road. That petitioner is ready to convey said premises to the abo-,e-mentioned Biggs and to close the mortgage there - on, but is unable to do so due to the fact that the report ( ll , of the title examiner contains an exception, to wit, Building on the premises herein described violates side-yard requirement of the zoning ordinance of the Town of Rye by as much as 2.20 feet. That before petitioner can convey said premises to the purchaser and close the mortgage thereon, the petitioner is compelled to deliver to the title examiner a variance from the p escribed yard size. That said violation was inadvertently created and was in no way the result of an intention of petitioner to disregard the Zoning Ordinance of the Town of Rare, but in fact was the result of an effort by all parties concerned to Maintain the established building line on the easterly side of Tamarack Road. That the strict application of Section 14 of the Zoning Ordinance of the Town of Rye, pertaining to Side yards, will result in undue hardship upon the petitioner and upon Harry ?,I. Biggs and Beryl Biggs , the purchasers . That a modification of the strict application of { Section 14, to permit a side yard of 5.50 feet on the easter- ly side of the dwelling herein, will be in harmony with the general purpose and intent of the Zoning Ordinance to con- sorve the public health, safety, convenience, com ort, prosperity and general welfare and to do substantial ;justice. ►IHFREFORE, ,your petitioner prays that the Board of Appeals grant a variance from Section 14 of the Zoning Ordinance of the Town of Rye so as to permit an easterly side] I yard of 5.80 feet upon the premises herein. Y March 8, 1940. P RMA-BILT HOMES CORPORATION BY Kll '-, o res e t. I a I C