242-07-BZ
APPLICANT – Sheldon Lobel, P.C., for 1760 Gleason Properties, LLC, owner.
SUBJECT – Application October 26, 2007 – Variance (§72-21) to construct a two story, two family detached residence with an accessory one car garage and one accessory open parking space on a vacant corner lot which encroaches into a required front yard (23-45) in an R5 zoning district.
PREMISES AFFECTED – 1760 Gleason Avenue, Commonwealth Avenue and Saint Lawrence Avenue, Block 3752, Lot 41, Borough of Bronx.
COMMUNITY BOARD # 9BX
APPEARANCES –
For Applicant: Irvin Minkin.
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 Bronx Borough Commissioner, dated October 17, 2007, acting on Department of Buildings Application No. 210014250, reads in pertinent part:
“Proposed residential building . . . and open parking within a required front yard is contrary to Section 23-45;” and
WHEREAS, this is an application under ZR § 72-21, to permit, in an R5 zoning district, the construction of a two-story two-family home on a lot that does not comply with front yard requirements, contrary to ZR § 23-45; and
WHEREAS, a public hearing was held on this application on April 8, 2008, after due notice by publication in The City Record, with a continued hearing on May 13, 2008, and then to decision on June 17, 2008; and
WHEREAS, the site and surrounding area had site and neighborhood examinations by Chair Srinivasan, Commissioner Hinkson, Commissioner Montanez, and Commissioner Ottley-Brown; and
WHEREAS, Community Board 9, Bronx, recommends disapproval of this application; and
WHEREAS, a neighbor, represented by counsel, provided testimony in opposition to the proposed application, citing concerns regarding the orientation of the proposed home towards Commonwealth Avenue as opposed to Gleason Street; and
WHEREAS, the proposed building will have the following non-complying parameter: one front yard with a depth of 3’-0” on the western portion of the lot (front yards with depths of 10’-0” are the minimum required); and
WHEREAS, the site is located on the southeast corner of Gleason Avenue and Commonwealth Avenue and is currently vacant; and
WHEREAS, the proposed building will provide a floor area of 1,870 sq. ft., 0.70 FAR, a wall height of 19’-0”, a total height of 25’-0”, and two parking spaces; all of these parameters comply with zoning district regulations; and
WHEREAS, the applicant states that the site cannot be developed without a variance, due to its narrow width, thus, the instant application was filed; and
WHEREAS, the applicant states that the following is a unique physical condition, which creates practical difficulties and unnecessary hardship in developing the site in compliance with underlying district regulations: the corner lot’s narrow width of 25 feet; and
WHEREAS, the applicant notes that the lot width and lot area are non-complying conditions; the site has a lot width of 25’-0” and a lot area of 2,667.25 sq. ft. (the minimum required lot width and lot area in the zoning district are, respectively, 30’-0” and 2,850 sq. ft.); and
WHEREAS, the applicant has submitted evidence establishing that the subject lot was owned separate and apart from both adjacent lots on December 15, 1961 and at the time of the current application; and
WHEREAS, as to the lot’s width, the applicant notes that without a front yard waiver, the site could not feasibly be developed; and
WHEREAS, the applicant notes that, given the narrow width and position as a corner lot, the provision of two front yards and two side yards would result in an uninhabitable home with a width of 10’-0”; and
WHEREAS, the applicant notes that the surrounding area is characterized by lots with widths comparable to that of the subject site, but that the majority of them are occupied by homes built prior to December 15, 1961 or are interior lots with different yard requirements; and
WHEREAS, further, there is no other vacant corner lot of comparable size within a 400-ft. radius of the site; and
WHEREAS, the applicant notes that a number of the existing homes in the area have pre-existing non-complying yards; and
WHEREAS, the Board agrees that the front yard waiver is necessary in order to construct a habitable home; and
WHEREAS, thus, the Board finds that the aforementioned unique physical condition creates a practical difficulty in developing the site in compliance with the applicable zoning regulations; and
WHEREAS, the Board has determined that because of the subject lot’s unique physical conditions, there is no reasonable possibility that a complying and viable building could be constructed; and
WHEREAS, the applicant represents that the
242-07-BZ
variance, if granted, will not alter the essential character of the neighborhood, will not substantially impair the appropriate use or development of adjacent property, and will not be detrimental to the public welfare; and
WHEREAS, the applicant notes that the proposed home complies with all R5 zoning district regulations aside from the front yard requirement, and that the proposed bulk and height is compatible with the other residential buildings in the immediate vicinity; and
WHEREAS, the applicant originally proposed a home with a garage at the southern end of the site, which also encroached into the required front yard; and
WHEREAS, at hearing, the Board expressed concern that the proposed parking with garage may not be viable; and
WHEREAS, in response, the applicant revised the site plan to eliminate the proposed garage and to allow for the parking area to be accessed via a curb cut between two mature street trees; and
WHEREAS, the Board finds this alternative, located within the deep southern side yard to be viable and compatible with neighborhood character; and
WHEREAS, based upon its review of the submitted land use map, the submitted pictures, and site visits, the Board finds that this action will not alter the essential character of the surrounding neighborhood nor impair the use or development of adjacent properties, nor will it be detrimental to the public welfare; and
WHEREAS, the Board finds that the hardship herein was not created by the owner or a predecessor in title; and
WHEREAS, thus, the Board has determined that the evidence in the record supports the findings required to be made under ZR § 72-21.
Therefore it is Resolved that the Board of Standards and Appeals issues a Type II Declaration under 6 NYCRR Part 617.5 and 617.13, §§ 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 § 72-21, to permit, in an R5 zoning district, the construction of a two-story two-family home on a lot that does not comply with front yard requirements, contrary to ZR § 23-45; on condition that any and all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked “Received March 11, 2008”– (5) sheets and “April 29, 2008”-(1) sheet; and on further condition:
THAT the parameters of the proposed home are as follows: one side yard of 5’-0” along the eastern lot line, one side yard of 36’-0” along the southern lot line, one front yard of 12’-0” along the northern lot line, and one front yard of 3’-0” along the western lot line; as illustrated on the BSA-approved plans
THAT there shall be no habitable space in the cellar;
THAT the above condition shall appear on the Certificate of Occupancy
THAT the internal floor layouts on each floor of the proposed building shall be as reviewed and approved by DOB;
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;
THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; 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)/configuration(s) not related to the relief granted. Adopted by the Board of Standards and Appeals, June 17, 2008.
A true copy of resolution adopted by the Board of Standards and Appeals, June 17, 2008.
Printed in Bulletin No. 24-25, Vol. 93.
Copies Sent
To Applicant
Fire Com'r.
Borough Com'r.