RESOLUTION
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 RESOLUTION PURSUANT TO ARTICLE VII OF CHAPTER 43 ("ZONING CODE") OF THE YONKERS CITY CODE APPROVING THE PLANNING BOARD'S JULY 18, 2018 APPROVAL OF THE SITE PLAN AND SPECIAL USE PERMIT APPLICATION FOR A PROPOSED CONVENIENCE STORE IN CONJUNCTION WITH AUTOMOBILE SERVICE STATION AT 853-855 McLEAN AVENUE
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WHEREAS, on _____, 853-855 McLean, LLC, the owner of 853-855 McLean Avenue (Tax Map Section 6, Block 6229, Lot 15.18) (the "Property"), submitted an application for site plan approval and a special use permit to redevelop the property to include an automobile service station and convenience store on the Property; and
WHEREAS, the Property is in the Business Restricted ("BR") zoning district, in which "automobile service stations" are a permitted use with supplemental requirements, and "convenience stores in conjunction with automobile service stations" are permitted subject to special use requirements; and
WHEREAS, on February 20, 2018, the Zoning Board of Appeals granted Area Variance No. 5573 to the owner with special conditions; and
WHEREAS, on July 18, 2018, the Planning Board issued a negative SEQRA declaration and approved the site plan and special use permit application with conditions; and
WHEREAS, upon a hearing at a stated meeting held on December 11, 2018, this City Council unanimously voted to deny a resolution for approval of the site plan and special use permit; and
WHEREAS, on January 10, 2019, the owner filed pursuant to Article 78 of the New York Civil Practice Law and Rules, in Supreme Court of the State of New York, Westchester County, a notice of petition and verified petition seeking to annul and invalidate the City Council's December 11, 2018 denial; and
WHEREAS, by decision and order of the Honorable George Fufidio, A.J.S.C., the Supreme Court granted th...
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