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Home My WebLink About1075 TOWN OF SOU~HOLD, NE~V YORK ACTION OF THE ZONING BOARD OF AI~PEALS Appeal No. 1075 DaSd March 15, 1967 Nicholas J. Leonard 600 Eight Avenue East Nor~port, New York 1967 Appenant at a ~nesting of the Zoning Board of Appeals on ~hursday, March 30, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to ~roperly ( ) Request for a special exception under the Zon{ng Ordinance X ) Request for a ~variance to the Zoning Ordinance ( ) 1967 the am:~l 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ............... Section ......... .' ..... ~ Subeection : ............... paragraph .............. of the Zoning Ordinance, and the decision of the ~uflding Iuspector ( ) be reversed ( ) be confirmed because 7:45 P.M. (E. S.T. ), Upon application of Nicholas J. Leonard, 600 Eight Avenne, East Northport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305, for permission to retain a building with insufficient front yard setback. Location of property: east side Oakwood Drive, Southold, New York, bounded north by Richard Patty & Wf., east by Richard Luter, south by Helen Nash, west by Oakwood Drive. 2. VARIANCE. By resolution of the Board it was determined that (a) Strisl application of the Ordinance (would) (would not) ~r~duce practical difficulties or unnecessary hardship SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the Same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (~vould not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( previous decisions of the Building Inspector ( ) ~ confirmed ( ) be reversed. ) be denied and that the ~ BOARD OF APPEALS e~cr ~~~_~ Barbara C. Dittmann, By investigation and inspection the Board determines that the applicant's house is 35 feet, 5 inches from the front property line at the closest point to Oakwood Lane, confirmed by survey. The two adjoining houses immediately to the south are 41 feet 7 inches, and 41 feet from the front property line. The two houses immediately to the northt, are 48 feet and 46 feet, six inches, respectively from the front property line. The southerly portion of the applicant's house projects approximately six feet toward 9akwood Drive. The appeal is de~d. a~ applicant is directed to eliminate this six foot projection in order to conform with th~ front yard set~ack, or move the house so that no portion of the house is closer than 45, feet to the front property line. . The Bo~d finds that strict application of th~ Ordinance will not produce practical difficulties or unnecessary ~ardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does not observe the spirit of the Ordinance and will mhange the character of the district. THEREFORE, IT WAS RESOLVED that Nicholas J. Leonard, 600 Eight Avenue, East Northport, New York, be denied permission to retain a building with insufficient front lard setback, on property located on the east side Oakwood Drive, Southold, New York, as applied for. prove,Ions o£the ~d ~1~ ~ ~mce o2 h~r~gs ~11X ~ held ~ ~ Z~ ~d of A~lm, Of ~ ~n of ~ld, At ~ ~n Off~, ~tn ~Old, ~ YOrk, on ~ 30, 1~7, ~ ~e foll~ 7,30 P.M. (B. SoT.), Upon appltc&tAon of W & Jm~ ~l~, ~Xrd S~t, b Suff~, ~ York, for a v~ ~ ac~r~ ~t~ ~e ~n~g ~e, to ~t~ct ~ ~emmory ~tl~ ~A~ ~uff~t~t B. ~IK~A, out ~ ~ Est,, west by ~d LEGAL · NOTIOE of~ ,Zone, the! o,n apJpli- New ,Suff, otk, Zoning ~Orc~in- 5u,b-~ ~On- w~th New ¥o~k, ~etc,ham ~st., was,t by Ilhird .~breet. 7:$5 P:M. (E.$.T.), Upo.a appli- CaSlon.of Ni:oho~as J. Leonard, 600' Ei,~ht Ave~ue,, E~s~ NorthpO~, New Y~rk, ~r a variance in ~ccord.a,n;ce w~h't~e.-Z..o~ing ~dfa~ce, Art- icle II,~f' ~Sec$i~o~ .30~, fo~ ~pemis'~ ~n ~o ~etaifi a building ~ith in- suf,f~ci, e~n~t fra~ 'yard :setback. ~amtiO~n ~ PmP~t~: ~aat s~de Oak-'~ Wvad Drive S°n~hold; N~ ~eunde.d north by R~c~rd ~ ~f, east by ~bh,ard ?au'.~ by '~eSen Na~h, we'st by Oak- wood ~rive. COUNTY OF SUFFOLK, 1 ~ ss: STAT'W- OF NEW YORK, j says that . .,~¢~. ~is Printer and Publisher ~of i/he SUFFOLK ~EEI~L¥ TIldES, a newspape~ published ~t Greenport~ in said county~ and [hat the ~o~ic~, ,of which, the anne~e~ is ~ printed copy, has been published in t'he s~aid Suffolk Weekl~ Times c,nce ~n each week~ f~z ...... ~ ............... week~ su~cegg~vo~ commencin~ on the . ~ ............. ~w~m to hero,re me ~'his ~ ~ .-.. l TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REI~EDY VIOLATION (owner or auth,orized agent of owner) 600 gJ. gth Ave~ E, l[orthport~ NoYo (address of owner ,or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Z(ming Ordinance Other Applicable Laws, Ordinances or Regulations .................... at premises hereinafter described in that ....D~l~g. ~a~ .]~la. ~q~ted .~J,~ (state character of violation) in violati, on of ...,q:~t....l..I..X...s..e.o.. 3Q~....BA~..],.qlSag. ~Oa.~..0~d~0.e1.0:~. T.O~f& .of..l$oathold (State section or paragraph of applicable law, o~dinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditi, ons above mentioned forthwith in or before the .... J~ ................ day of ........ ~..F~..h. .............. The premises to which this ORDER TO REMEDY VIOLATION refers are situated at .~..O~,..~.1'..J,.V.~. ~....~..~..~1.0.~..ds .......... County of Suffolk, New York. Failure to remedy the conditi, ons aforesaid and to comply with the applicable provisi.(ms of law may constitute an offense punishable by fine or imprisonment ~r both. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / dP '~ ~5 DATE ,, ~.r..c..h.,, .1. ~., .1., .9_6.? TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. YL ' Nicholas J. Leonard _, 600 Eigh~ Avenue 1, (We)., ........................................... - .................... .,CT ............................................................................. Name of Appella,nt Street and Number Municipality THE ZONING BOARD O'F APPEALS FROM THE DECISION New York ' ............................ HEREBY APPEAL State OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. 3.3~2 DATED January 30~ ]L967 ( ) ( ) (x) WHEREBY THE BUILDING INSPECTOR DENIED TO Nicholas ~.~ leonard Name of Applicant for permit of 600 Eighth Avenue¢ East Northport~ New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permission to reduce front yard setback ] LOCATION OF THE~PROPERTY .... E~s.t..Side...Qek~med..DrZ.ve ...... ~ ........ .... ...... ':.~.? .................... Street Use District on Zoning Map None None Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) Article 3~ Sec. 30~ 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Art. 16 Sec. 280A Subsection 3 Lows J 4. PREVIOUS APPEAL A previous appeal ( ~ (ha.s not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that although building meets requirements of Section part of house is not in line as required in Section 30~o Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. ST~RI.CT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because house has been partially constructed and a discre~ncy in all±gnment was found upon inspection. House vzould have to be moved, resulting in great expense, the construction of a new foundation and the removal of the present foundation. This would entail many construction problems and affect the strenE~h~ of the completed house as movJ_ug the house would unquestionably weaken the structure, 2. The hardship created, is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because owners of property in the i~mediate vicinity do not object to %he'house as situated, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the house is set back 35,~, The part of the s~tcture which is not in alignment with existing structures does not constitute a hazard and does not affect the public s~fety and welfare of the neighborhood° it does not impair the appear&uce ~dd beauty of the neighborhood~ STATE OF NEW YORK ) : ') ss cOUNTY OF ST~FOL~ ) - /__5/-Signature ' ./ ,Sworn to this 1,~th day of. March 19 6? .................... ....................... Notary Public ROBERT ~ PARKIN ~OTARY PUBLIC, State of New' ~orl~ No. 52-8280308~ S~lolk Co~ ~erm Expos March 30 o~/< ~00 D · /