WPCNR THE ZONING NEWS. By John F. Bailey. January 6, 2004: During the Public Hearing on the Bobker Group proposal to build two 10-story condominiums in the RM 0.35 Zone on Hale Avenue at Maple Avenue, Councilwoman Rita Malmud closely queried Bobker spokesman, Bill Null, on exactly what the zoning ordinance states regarding height and number of stories on that site. WPCNR examined the Book of White Plains Zoning Codes for the area and has discovered that the zoning appears to be quite clear.

THE ELUSIVE CITY OF WHITE PLAINS ZONING BIBLE: Available in the Building Department and the Public Library, and in the hands of all six councilmen, the new revised Zoning Ordinance is a prized possession, reportedly, hard to obtain for one's personal library, according to persons who have spoken to WPCNR. Photo by WPCNR News.

To set the dramatic moment for you, under consideration was consideration of a Special Permit which would allow The Bobker Group to build two 10-story condominiums on the site . When presented in work session, the Common Council appeared to have no particular problems with this. Consequently an ordinance was drawn up and presented for the 10-story projects, possibly for a vote Monday evening.

ZONING CODE FOR HALE AVE LAID BARE. Photos of Official City of White Plains Zoning Ordinance by WPCNR News.

Mr. Null in his presentation advanced the position that the zoning ordinance RM 0.35 for the two corners stated that the maximum height was six stories or 125 feet, and he interpreted this to mean that the number of stories could vary upward from six, as of right,  as along as height did not exceed 125 feet.

The Bobker Zone: RM-0:35, shown in center of Zoning Map. Street running through center of Map is Maple Avenue. Photo of Official Zoning Map by WPCNR News.

Ms. Malmud, (who has been looking at White Plains zoning since 1990), prior to the meeting had consulted the up-to-the-minute zoning book ordinance (last revised in May 2002), which to her mind read quite differently.

The Clause "n" interpeting the height and story requirements states the number of stories as 6n, and maximum height as 125 feet. Clause n reads: "The number of "stories" may be increased within the maximum "height" as measured in feet, with a "front yard" of not less than 20 feet, on inssuance of a special permit by the Common Council."

She rejected Mr. Null’s interpretation of the ordinance to mean that a developer could build up to a height of 125 feet and vary the number of stories from six. Ms. Malmud pointed out that the maximum number of stories according to RM 0.35 Zoning, clause n,  was to be 6 stories up to a maximum height of 125 feet, with a special permit required if more stories were proposed.

The Council also sent The Bobker Group back to consult with the neighbors on the issues of how the buildings would present to the neighborhood.

The Legal Department declined to comment on Null's contention, saying it was "under review."

The Maple Avenue Easing

WPCNR has gained a clearer understanding of the  zoning change allowing  an easement to The Bobker Group to construct underground parking within the 20 foot setback alongside Maple Avenue.

The zoning ordinance passed Monday evening, allows The Bobker Group and developers of the Maple Avenue and DeKalb parcel to tunnel under the 20 foot setback and sidewalk along Maple Avenue, while reserving the city’s right to widen Maple Avenue in the future, perhaps to create a turning lane, according to the WPCNR source.

Minerva Maneuverings

In another zoning matter involving 7 Minerva Place, and the expanison WPCNR has received clarification that the ordinance passed was to withdraw a previous ordinance amending an ordinance offered at the November meeting creating a “Mini-Storage Use,” and, in its place instead create a new zoning classification, that of “Mini-Storage Use,” which determines a smaller parking ratio for that use, instead of the “industrial” ratio left in effect by the previous classification.

On the amendment to the Zoning Map to re-zone 7 Minerva place to Light Industrial, that matter has been kept open while the Commissioner of Planning, Susan Habel, works out a plan relating to combining establishment of affordable housing in that area related to the USA Storage facility expansion proposed. The proposal is a work in process at this time.