LEGAL NOTICE OF BOARD OF ZONING APPEALS HEARING NOTICE IS HEREBY GIVEN, pursuant to law, that a public hearing will be held by the Board of Zoning Appeals of the Village of Port Washington North, located at 3 Pleasant Avenue, Port Washington, New York 11050, on May 8, 2023, at 7:00 p.m., for the purpose of considering the following application: The application of Lucky Winwood LLC, d/b/a Jai Dim Sum, as applicant and 84 Old Shore Road Development Realty, Inc., as owner of the premises located at 84 Shore Road, Port Washington, New York. The property is listed under Section 4 Block N-02 Lot 411 of the Nassau County Tax Map. The premises are located in the Business District for purposes of the Port Washington North Village Zoning Code. Applicant and owner seek the following variances to the premises: 1. Pursuant to Section 176-74, of the Port Washington North Village Code, the minimum front yard depth is ten (10) feet. The drawing(s) submitted by applicant and owner indicate that the proposed front yard depth for the proposed wood deck along Pleasant Avenue would be 4 feet 7 inches. The proposed front yard depth for the proposed container cooler along Old Shore Road would be 2 feet 5 inches. The front yard depth for the proposed trash enclosure would be substandard and not comply with Section 176-74 of the Port Washington North Village Code requiring a 10 feet front yard depth. Therefore, the applicant and owner are seeking a variance for the wood deck along Pleasant Avenue of 5 feet 5 inches and is seeking a variance of 7 feet 5 inches for the container cooler along Old Shore Road and a variance to be determined by the Board of Zoning Appeals (if granted) for the proposed trash enclosure.
2. Pursuant to Section 176-77 of the Port Washington North Village Code there shall be for places of public assembly an accessory parking facility for motor vehicles. There shall be one parking space for each of four individuals who can legally be accommodated for, plus one parking space for each employee. The premises were previously given relief and permitted to have a total of 14 on-site parking spaces. Applicant and owner is seeking a further variance to be permitted to have 13 parking spaces for motor vehicles. The Applicant and owner is seeking a further variance of 1 parking space.
3. Pursuant to Section 176-140 there are certain requirements for fencing on and along properties. Pursuant to Section 176-140 B (1) (a) front yard fences are required to have a minimum of 50% free area. The applicant and owner s proposed drawings do not have a measurable free area for the fence enclosing the trash container. The applicant and owner are seeking a variance to be determined by the Board of Zoning Appeals for relief of the requirement of 176-140B (1) (a). Pursuant to Section 176-140 B (2) (d) fencing contiguous with public property is required to be set back a minimum of 2 feet from a public sidewalk. At the present time, the previous existing sidewalks have been removed at this property. The replacement of the sidewalks (if any) will be determined separately by the Board of Trustees. Applicant and owner are seeking relief from this section and a variance to permit a trash enclosed fence with no set-back from the area where the sidewalk was. Pursuant to 176-140 C (2) the maximum permitted height of a front yard fence is 3 feet. The proposed drawings indicate a fence height of 6 feet along Old Shore Road and 4 feet along Pleasant Avenue. Therefore, applicant and owner are seeking variance for the height of the fence of 3 feet and 1 foot, respectively. At said public hearing all parties interested will be given an opportunity to be heard Copies of the proposed plans are on file with the Village Hall and may be seen during normal business hours. Anyone needing special accommodation pursuant to the American with Disabilities Act should contact the Clerk to the Board of Zoning Appeals at least four (4) business days before the meeting. Dated: April 18, 2023, Port Washington, New York Zoning Board of Appeals of the Village of Port Washington North Linda Kropacek, Clerk to the Board of Zoning Appeals
