GENERAL ORDINANCE
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP ROBINSON, MINORITY LEADER BREEN, COUNCILMEMBERS, PINEDA -ISAAC, DIAZ AND MERANTE:
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A GENERAL ORDINANCE GRANTING AN APPEAL OF THE SELF-STORAGE TEMPORARY MORATORIUM ADOPTED JUNE 26, 2024 BY GENERAL ORDINANCE 9-2024
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The City of Yonkers, in the City Council convened, does hereby ordain and enact:
Section 1. Recitals
Whereas on June 26, 2024 the Yonkers City Council adopted General Ordinance 9-2024 that imposed a nine (9) month moratorium on Self Storage Facilities in the City of Yonkers in order to assess and address the proliferation of the number of such facilities in the City, and
Whereas Section 3 of said General Ordinance allows anyone aggrieved by the Moratorium to appeal the same to the City Council, and
Whereas on October 28, 2024 Mehranco, LLC filed a Petition to appeal the Moratorium for their property located at 1999 Central Park Avenue and known as Section 4, Block 4385, Lots 42.43, 44-48, 49.5, 51.54, 55.58 with the City Council, and
Whereas, in accordance with Section 3 of the General Ordinance the City Council found that Mehranco was an aggrieved person and had standing to appeal, such that the City Council noticed and conducted a public hearing on December 3, 2024, and
Whereas, Section 3 of the General Ordinance provides that if the Council finds that: 1) the hardship is not self created; 2) the harm is unique to the petitioner’s property; 3) the relief requested is the minimum necessary to relieve the hardship; 4) the benefit to the applicant if the relief is granted does not outweigh any detriment to the health safety and welfare of the community; and 5) that granting the appeal is not contradictory to any pending new or amended regulations, and
Section 2. Findings
Whereas, upon the basis of the record consisting of the Petition and Public Hearing herein the City Council finds that: 1) the hardship is not self-created as the petitioner has owned the property since 1999 and has done nothing to prompt or enact the Moratorium; 2) the harm of the Moratorium is unique to the petitioner as the Petitioner has had an application for a self-storage facility at the premises before the Yonkers Zoning Board of Appeals since June 21, 2022 and the Moratorium put a complete halt on that process; 3.) in order to allow the Yonkers Zoning Board to either grant or deny the petitioner’s application the City Council must grant the petitioner’s appeal so this is the minimum relief necessary at this time; 4) the benefit of allowing the applicant to have the decision of the Zoning Board of Appeals will not, in and of itself, result in any detriment to the community’s health safety and welfare; and 5) the Council notes that at this time there are no pending new or amended regulations such that granting the appeal can not be inconsistent with same.
Section 3. Appeal granted.
The appeal of the Petitioner Mehranco, LLC dated October 28, 2024 for their property located at 1999 Central Park Avenue and known as Section 4, Block 4385, Lots 42.43, 44-48, 49.5, 51.54, 55.58 is hereby granted as necessary for the Petitioner to pursue the pending application before the Zoning Board of Appeals and any required applications for development of their property as described herein.
Section 4. This ordinance shall take effect immediately.