938-82-BZ
APPLICANT – Eric Palatnik, P.C., for A. Brothers Realty, Inc., owner; Eugene Khavenson, lessee.
SUBJECT – Application August 4, 2006 – to re-open the previous BSA resolution granted on May 17, 1983 to extend the term of the variance for twenty (20) years. The application also seeks a waiver of the BSA Rules of Practice and Procedure as the subject renewal request is beyond the permitted filing period. Prior grant allowed a one-story commercial office building (UG 6) in an R4 district; contrary to ZR §22-10.
PREMISES AFFECTED – 2470 East 16th Street, northwest corner of Avenue Y, block 7417, Lot 36, Borough of Brooklyn.
COMMUNITY BOARD #15BK
APPEARANCES –
For Applicant: Adam Rothkrug.
ACTION OF THE BOARD – Application granted on condition.
THE VOTE TO GRANT –
Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown and Commissioner Hinkson...... 4
Negative:...... 0
THE RESOLUTION:
WHEREAS, this is an application for a waiver of the Rules of Practice and Procedure, a reopening, and an extension of term for a one-story commercial office building, which expired on May 17, 2003; and
WHEREAS, a public hearing was held on this application on October 17, 2006 after due notice by publication in the City Record, and then to decision on December 5, 2006; and
WHEREAS, Community Board 15, Brooklyn, recommends approval of this application; and
WHEREAS, the site is located on the northwest corner of East 16th Street and Avenue Y; and
WHEREAS, the site is located within an R4 zoning district and is improved upon with a one-story commercial office building with accessory parking for seven vehicles; and
WHEREAS, on May 17, 1983, the Board granted an application to permit the construction of this one-story office building (UG 6) with accessory parking for a term of 20 years; and
WHEREAS, the applicant represents that there have not been any changes since the prior approval; and
WHEREAS, the applicant now requests a 20-year extension of term; and
WHEREAS, based upon the above, the Board finds that the requested extension of term is appropriate with certain conditions as set forth below.
Therefore it is Resolvedthat the Board of Standards and Appeals waives the Rules of Practice and Procedure, reopens and amends the resolution, dated May 17, 1983, so that as amended this portion of the resolution shall read: “to grant an extension of term for an additional term of 20 years from the expiration of the prior grant, to expire on May 17, 2023; on condition:
THAT the site shall be kept clear of graffiti;
THAT there shall be a maximum of seven on-site parking spaces;
THAT the above conditions shall appear on the certificate of occupancy;
THAT all conditions from prior resolutions not specifically waived by the Board remain in effect;
THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; and
THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s) and/or configuration(s) not related to the relief granted.”
(NB 362/1982)
Adopted by the Board of Standards and Appeals, December 5, 2006.