Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Reconstruction Fire Damage topic
No spam. Unsubscribe anytime.
Board clears reconstruction at 35 South Eighth Avenue; owner must file LLC operating agreement
Summary
The zoning board approved an area variance to reconstruct a fire‑damaged house at 35 South Eighth Avenue, setting a condition that the owner submit the LLC operating agreement; the fire department recommended sprinklers but did not mandate them.
MOUNT VERNON, N.Y. — The Mount Vernon Zoning Board of Appeals voted May 20 to grant an area variance allowing reconstruction of a two‑story, fire‑damaged single‑family house at 35 South Eighth Avenue, subject to a condition that the property owner provide the LLC operating agreement to city staff before proceeding.
The application addressed a provision in the city code (City Codes Chapter 260‑7(1) as cited in the record) that generally prevents reconstruction of nonconforming buildings when damage exceeds 50 percent of replacement cost. Planning staff described the house as fire damaged in 2012, largely demolished between 2020 and 2021, and partially rebuilt with framing, rough plumbing and electrical but without finished interiors.
Marshall Katz, the property owner, told the board he and his partners acquired the lot around 2019 and said a previous partner controlled the original permit process; he said the prior permit was later retracted by the building department and a new plan review led to the current variance requirement. "We want to finish it, sell it, and get our money out of it," Katz said.
Shaheem Badali, the applicant's architect, described the existing work as framed with exterior finishes largely in place and said the current owner is bringing in a new contractor. Planning staff reported the Department of Public Works had no substantive comments and that the Westchester County Planning Board did not require referral for the application. The fire department submitted a comment recommending NFPA‑13D home sprinklers because of the building's close proximity to adjacent property lines; planning staff read that recommendation into the record and clarified it was a strong recommendation, not a mandatory condition.
Board members said they understood the permit history and accepted the explanation that earlier work had proceeded under a permit later retracted by the building department. The board closed the public hearing, voted to accept the application and approved the variance with the condition that the owner submit the LLC operating agreement to city staff; the panel also noted the project will need ARB review for exterior details.
A neighbor, Cecil Guzman of 25 South Seventh Avenue, spoke during public comment to raise concerns about city permitting backlogs and unrelated permit delays he has experienced; board members advised him on steps to check his project status with building department staff and the city's OpenGov portal.
The fire department's written comment remains in the application file as a recommendation. The board did not require sprinklers as a condition of approval but noted it has authority to impose reasonable conditions if necessary.
