155-08-BZ
APPLICANT – Eric Palatnik, P.C., for Arkadiy Kofman, owner.
SUBJECT – Application June 3, 2008 – Special Permit (§73-622) for the enlargement of an existing two family home to be converted to a one family home. This application seeks to vary floor area, open space and lot coverage (§23-141(a)); less than the minimum required rear yard (§23-47) in an R3-1 zoning district.
PREMISES AFFECTED – 282 Beaumont Street, south of Oriental Boulevard, Block 8739, Lot 71, Borough of Brooklyn.
COMMUNITY BOARD #15BK
APPEARANCES –
For Applicant: Eric Palatnik.
ACTION OF THE BOARD – Application granted on condition.
THE VOTE TO GRANT –
Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez ...... 5
Negative:...... 0
THE RESOLUTION:
WHEREAS, the decision of the Brooklyn Borough Superintendent, dated May 20, 2008, acting on Department of Buildings Application No. 310113588, reads in pertinent part:
“Proposed enlargement of two-story one-family dwelling in Use Group 1 in R3-1
zoning.
1. Proposed floor area ratio contrary to ZR 23-141(a).
2. Proposed open space contrary to ZR 23-141(a).
3. Proposed lot coverage is contrary to ZR 23-141.
4. Proposed rear yard is contrary to ZR 23-47. Minimum required: 30’. Proposed: 20’;” and
WHEREAS, this is an application under ZR §§ 73-622 and 73-03, to permit, within an R3-1 zoning district, the proposed enlargement of an existing two-family residence and its conversion into a single-family home which does not comply with the zoning requirements for floor area, open space, lot coverage and rear yard, contrary to ZR §§ 23-141 and 23-47; and
WHEREAS, a public hearing was held on this application on August 26, 2008, after due notice by publication in The City Record, with continued hearings on October 7, 2008, November 18, 2008, and December 16, 2008, and then to decision on January 13, 2009; and
WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan, Vice-Chair Collins, Commissioner Hinkson, Commissioner Montanez, and Commissioner Ottley-Brown; and
WHEREAS, Community Board 15, Brooklyn, recommends disapproval of this application; and
WHEREAS, residents of the Manhattan Beach community provided testimony in opposition to the proposal (hereinafter, the “Opposition”); and
WHEREAS, the subject site is located on the west side of Beaumont Street, between Oriental Boulevard and Esplanade; and
WHEREAS, the subject site has a total lot area of 4,000 sq. ft., and is occupied by a two-family residence with a floor area of approximately 2,521 sq. ft. (0.63 FAR); and
WHEREAS, the premises are within the boundaries of a designated area in which the subject special permit is available; and
WHEREAS, the applicant seeks an increase in floor area from approximately 2,521 sq. ft. (0.63 FAR) to approximately 3,992 sq. ft. (0.99 FAR); the maximum floor area permitted is 2,400 sq. ft. (0.60 FAR, including the attic allowance); and
WHEREAS, the proposed enlargement provides approximately 44 percent of lot coverage (a maximum of 35 percent is permitted) and approximately 56 percent of open space (a minimum of 65 percent is required); and
WHEREAS, the proposed enlargement decreases the non-compliance of the rear yard, from an existing depth of 9’-6” to a proposed depth of 20’-0” (a minimum rear yard of 30’-0” is required); and
WHEREAS, at hearing, the Board asked for drawings clarifying the amount of the existing building to be retained as a result of the enlargement; and
WHEREAS, in response, the applicant provided revised plans indicating the portions of the existing building that will be retained; and
WHEREAS, at hearing, the Opposition provided testimony claiming that the proposal would result in the demolition of the existing building and that the proposed building was not an enlargement but a new building; and
WHEREAS, the Board has reviewed the information provided by the Opposition and the applicant and concludes that the portion of the building to be retained is sufficient to qualify as an enlargement; and
WHEREAS, at hearing, the Board raised concerns about whether the proposed enlargement complies with a Department of Buildings (“DOB”) pre-consideration regarding the proposed building envelope, particularly in regards to Zoning Resolution regulations pertaining to perimeter wall height; and
WHEREAS, in response, the applicant submitted revised drawings indicating that the perimeter wall height of the proposed enlargement is in compliance with the Zoning Resolution and the proposed buildingenvelope adheres to the DOB pre-consideration; and
WHEREAS, the Board notes that the size and scale of the proposed building, including: (1) the proposed FAR of 0.99; (2) the proposed height of 35’-0”; (3) the proposed front yard of 15’-4”; and (4) the proposed increase in the rear yard from the existing 9’-6” to 20’-0”, is consistent with the character of the neighborhood; and
WHEREAS, at hearing, the Opposition provided a photo-board depicting existing homes in the area, claiming that the proposal would alter the essential character of the neighborhood; and
WHEREAS, the Board was not persuaded by the limited number of photographs provided as proof that the proposal would alter the essential character of the neighborhood; and
WHEREAS, further, the photographs included those of several homes that were similar to the bulk and height of the proposed home; and
WHEREAS, the Board notes that within Manhattan Beach it has granted several special permits that allowed similar zoning parameters, specifically in regards to FAR; and
WHEREAS, finally, the Board notes that unlike many of the homes granted special permits, the subject home has complying side yards and is increasing the existing rear yard from 9’-6” to 20’-0”, and no waivers are requested or granted for perimeter wall and building height; and
WHEREAS, based upon its review of the record, the Board finds that the proposed enlargement will neither alter the essential character of the surrounding neighborhood, nor impair the future use and development of the surrounding area; and
WHEREAS, the Board finds that the proposed project will not interfere with any pending public improvement project; and
WHEREAS, the Board finds that, under the conditions and safeguards imposed, any hazard or disadvantage to the community at large due to the proposed special permit use is outweighed by the advantages to be derived by the community; and
WHEREAS, therefore, the Board has determined that the evidence in the record supports the findings required to be made under ZR §§ 73-622 and 73-03.
Therefore it is Resolved, that the Board of Standards and Appeals issues a Type II determination under 6 N.Y.C.R.R. Part 617.5 and 617.3 and §§5-02(a), 5-02(b)(2) and 6-15 of the Rules of Procedure for City Environmental Quality Review and makes the required findings under ZR §§ 73-622 and 73-03, to permit, within an R3-1 zoning district, the proposed enlargement of a two-family residence, to be converted into a single-family home which does not comply with the zoning requirements for floor area ratio, lot coverage, open space, and rear yard, contrary to ZR §§ 23-141 and 23-47; on condition that all work shall substantially conform to drawings as they apply to the objections above-noted, filed with this application and marked “Received December 2, 2008”–(15) sheets; and on further condition:
THAT the following shall be the bulk parameters of the building: a total floor area of approximately 3,992 sq. ft. (0.99 FAR); a lot coverage of approximately 44 percent; an open space of approximately 56 percent; and a rear yard with a minimum depth of 20’-0”, as illustrated on the BSA-approved plans;
THAT DOB shall review and approve compliance with perimeter wall, height and setback requirements under ZR § 23-631;
THAT DOB shall review and approve compliance with the planting requirements under ZR § 23-451;
THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objections(s) only; no approval has been given by the Board as to the use and layout of the cellar;
THAT the approved plans shall be considered approved only for the portions related to the specific relief granted;
THAT substantial construction be completed in accordance with ZR § 73-70; 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 the plan(s)/configuration(s) not related to the relief granted.
Adopted by the Board of Standards and Appeals, January 13, 2009.
A true copy of resolution adopted by the Board of Standards and Appeals, January 13, 2009.
Printed in Bulletin Nos. 1-3, Vol. 94.
Copies Sent
To Applicant
Fire Com'r.
Borough Com'r.