The Yonkers Zoning Board of Appeals on a recent vote of 6-0 denied an application by the owner of a building at 31 Palisade Ave. for a variance to change the use of the structure from retail to a place of worship. The Iglesia de Cristo Emmanuel Church, part of the Ebenezer Ministry, and the building’s owner, 31 Palisades Associates LLC, had entered into a contract of sale for the property subject to the granting of the use variance.
The two-story retail building formerly was occupied by The Salvation Army, which moved out in 2021. The owner had been unsuccessful in trying to find a replacement tenant for the premises.
The ZBA noted that in area surrounding the building are either commercial establishments or residential buildings with first floor retail. Across from the building is the former Chicken Island parking lot that is privately owned and currently used for a variety of purposes including commercial driver license training and community events, such as carnivals. The ZBA pointed out that the current owner of the parking lot has indicated plans to terminate any primary vehicular uses of the space. The nearest publicly available off-street parking is several blocks away, adjacent to City Hall.
Pastors Miguel and Yeny Linarez told the ZBA that they noticed that Palisades Avenue currently has at least three closed businesses.
“Although we may be unaware of the reason for those closures, we do understand that the area needs to continue to grow economically, and establishing the church will facilitate that,” the pastors said. “Our services being Wednesday, Friday and Sunday, it will draw many people to the area, causing members of the church and new members to explore the area and Yonkers as a whole. The church will help members of the surrounding community and those in the church to support local businesses because it increases local spending; church members and visitors will spend money on nearby businesses like restaurants, gas stations which all contribute to the local revenue.”
The pastors told the ZBA that many members of their church are looking for places to move closer to the church so establishing the church at the Palisades Avenue location would attract new residents. They also said that the church has conducted numerous food drives and this activity would be a benefit to the community.
The pastors also suggested that the church would be able to provide support for drug abusers, “providing resources for professional treatment and counseling, educating congregation members about addiction and providing spiritual encouragement and hope through prayer and fellowship.”
The ZBA in denying the application said that the D-MX District in which the building is located encourages ground-floor commercial uses to activate the street-level environment. It noted that permitted uses include retail, banks, restaurants, food and beverage, heath clubs, medical offices, live/work buildings, catering facilities, and personal service establishments. The ZBA pointed out that the section of Palisade Avenue where the building is situated has been designated a “key street” within the zone. It said that “key streets” are subject to further standards under the city’s zoning code “to preserve and enhance the pedestrian-oriented commercial environment and promote economic development focused on active uses such as retail, restaurant, service and entertainment uses.”
The ZBA in its denial found that the applicant did not provide ample evidence of a financial hardship that it claims. It said the applicant has provided no detail describing its efforts to obtain tenants that would not require a use variance for the building.
The ZBA said that if it granted the use variance it “would alter the essential character of the largely commercial neighborhood and limit opportunities for other businesses to enter this neighborhood. It would create a space that is not utilized during the same businesses hours as most other retail and commercial uses and would therefore not productively enhance the district.”
The ZBA also said that the applicant had constructive notice when it acquired the property that the neighborhood was predominately commercial.
