441-31-BZ
APPLICANT – Ian Peter Barnes, IPB Associates, for Gurdev Singh Kang, owner.
SUBJECT – Application April 24, 2009 – Extension of Term and Waiver of the Rules for the continued use of a Gasoline Service Station (BP Amoco) with accessory convenience store which expired on April 26, 2007. C2-2/R5 zoning district.
PREMISES AFFECTED – 7702 Flatlands Avenue, southeast corner of Flatlands Avenue and East 77th Street, Block 8014, Lot 1, Borough of Brooklyn.
COMMUNITY BOARD #18BK
APPEARANCES –
For Applicant: Ian Peter Barnes.
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, this is an application for a waiver of the Rules of Practice and Procedure, a reopening, and an extension of term for the continued use of a gasoline service station, which expired on April 26, 2007; and
WHEREAS, a public hearing was held on this application on June 23, 2009, after due notice by publication in The City Record, with continued hearings on July 28, 2009 and August 18, 2009, and then to decision on September 15, 2009; and
WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan and Commissioner Montanez; and
WHEREAS, Community Board 18, Brooklyn, recommends approval of this application, on condition that the applicant adhere to the same terms and conditions that were imposed in the Board’s previous grant; and
WHEREAS, the site is located on the southeast corner of Flatlands Avenue and East 77th Street, in a C2-2 (R5) zoning district; and
WHEREAS, the Board has exercised jurisdiction over the subject site since February 27, 1951 when, under the subject calendar number, the Board granted a variance to permit the construction of a gasoline service station, lubritorium, auto washing, sale of accessories and office, for a term of 15 years; and
WHEREAS, subsequently, the grant has been amended and the term extended by the Board at various times; and
WHEREAS, on June 5, 1990, the term was extended for ten years from the expiration of the prior grant, to expire on April 26, 1997, and the grant was amended to permit: (1) the installation of a new steel canopy over three new gasoline pump islands; (2) the installation of a new eight-ft. by 18-ft. kiosk; (3) the demolition of the existing accessory building and canopy and the construction of a new 30-ft. by 60-ft. accessory building for accessory sales and storage; (4) the addition of six accessory parking spaces; and (5) the reduction in the size of the planting area along the southerly lot line; and
WHEREAS, most recently, on November 24, 1998, the term was extended for a term of ten years from the expiration of the prior grant, to expire on April 26, 2007, and the grant was amended to legalize an existing retail convenience store; and
WHEREAS, the applicant now requests an additional ten-year term; and
WHEREAS, at hearing, the Board questioned whether the center curb cut along Flatlands Avenue was in compliance with the previously-approved plans, which reflected a 25-ft. curb cut at that location; and
WHEREAS, in response, the applicant submitted revised plans reflecting that the current size of the center curb cut along Flatlands Avenue is 35 feet, but that the existing curb cut configuration provides four curb cuts along Flatlands Avenue and East 77th Street with a total of 105 linear feet, which is equal to the total linear feet for the four curb cuts shown in the previously-approved plans; and
WHEREAS, the applicant proposes to maintain the existing curb cut configuration, and represents that the increased size of the center curb cut along Flatlands Avenue affords better ingress and egress to and from the site, thereby minimizing traffic congestion; and
WHEREAS, pursuant to ZR § 11-411, the Board may permit an extension of term; and
WHEREAS, based upon the above, the Board finds that the requested extension of term and the alteration of the previously-approved curb cut configuration are appropriate with certain conditions as set forth below.
Therefore it is Resolved that the Board of Standards and Appeals waives the Rules of Practice and Procedure, reopens, and amends the resolution, dated February 27, 1951, so that as amended this portion of the resolution shall read: “to extend the term for ten years from April 26, 2007, to expire on April 26, 2017; on condition that all use and operations shall substantially conform to drawings filed with this application marked “Received April 24, 2009”-(1) sheet, “August 6, 2009”-(3) sheets and “September 11, 2009”-(1) sheet; and on further condition:
THAT the term of the grant shall expire on April 26, 2017;
THAT the above condition, and all prior conditions not waived by the Board, shall be listed on the certificate of occupancy;
THAT a new certificate of occupancy shall be obtained by March 15, 2010;
THAT all conditions from the prior resolution not specifically waived by the Board remain in effect; 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.”
(DOB Application No. 320008200)
Adopted by the Board of Standards and Appeals September 15, 2009.