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Yonkers ZBA approves several variances, denies others; many approvals include tax and sidewalk conditions

July 16, 2025 | Yonkers City, Westchester County, New York


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Yonkers ZBA approves several variances, denies others; many approvals include tax and sidewalk conditions
The Yonkers Zoning Board of Appeals issued a string of decisions at its meeting, approving several area and area‑type variances with conditions and denying a small number of applications. Most approvals were conditioned on complying with building and safety codes, repairing curbs and sidewalks before certificates of occupancy, payment of any back real estate taxes or fines within 60 days, and time limits for commencing and completing work.

Key approvals and denials announced at the hearing included:
- Case 5882 (750 McLean Ave / 81 Cumberland Drive): Board approved area variances and imposed conditions including full compliance with health/safety/building codes, concrete sidewalks where required, repair of curbs and sidewalks before certificate of occupancy, payment of back real estate taxes/fines within 60 days, and an 18‑month period to obtain permits and commence work with completion allowed through Dec. 31, 2028. The approval was recorded with standard enforcement language that the city’s Department of Housing and Building may act if conditions are breached.

- Case 589031 (29 Palisade Ave): The board denied the requested use variance. The motion to deny said the applicant provided no evidence the code’s provisions had created a substantial burden specific to the proposed religious use; the denial considered applicant hardship balanced against detriment to neighborhood health, safety and welfare.

- Case 5896 (325–337 South Broadway): The board adopted a negative declaration under SEQRA for this unlisted action and approved area variances with conditions similar to other approvals, including code compliance, curb/sidewalk repair before certificate of occupancy, a requirement that any delinquent taxes or fines be paid within 60 days, annual inspections at the department’s discretion, and deadlines (36 months to obtain permits and commence work; five years to complete work). Notice compliance with section 43‑157 of the city code was required.

- Case 5898 (155 Elliott Ave): The board approved the area variances, with conditions including payment of back taxes/fines within 60 days, curbs/sidewalk repairs before certificate of occupancy, site plan requirements, and notice in compliance with section 43‑157. The board also rescinded an intention to seek lead agency and adopted a negative declaration for SEQRA review on related items.

- Case 5901 (521 Van Cortland Park Ave): The board denied the requested area variance after weighing hardship against detriment to neighborhood health, safety and welfare.

- Case 5902 (25 Summerfield / 1 Summerfield): The board approved the requested variances with conditions including adherence to applicable codes, payment of taxes or fines within 60 days, rescission on violation, owner responsibility for expenses, and required notice under section 43‑157.

- Case 58921 (Monroe Street): Approved with conditions including code compliance, payment of any back taxes/fines within 60 days, curb/sidewalk repair before certificate of occupancy, annual inspections at the department’s discretion and rescission language for noncompliance; the board added notice under section 43‑157.

- Case 5826 (12 70 Sawmill River Road): The board granted a one‑year extension of a prior approval.

Across multiple approvals the board repeatedly required: adherence to all health, safety, fire, environmental and building codes; repair or replacement of curbs and sidewalks abutting the property before the certificate of occupancy; payment within 60 days of any back real estate taxes/fines with proof to be submitted to the board; and notice in compliance with section 43‑157 of the city code. Several approvals authorized annual inspections by the Department of Housing and Buildings and included explicit rescission language if conditions were breached.

The board recorded votes as motions carried with 6 in favor and 1 absent for most decisions; the record shows routine seconding by board members and the chair’s call for ayes and nays. Several matters were adjourned or declared adjourned by applicants at the meeting.

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