53-07-BZ
CEQR #07-BSA-064K
APPLICANT – Wolf Block, Schorr & Solis-Cohen, LLP, for 1901 Realty Realty, LLC, owner.
SUBJECT – Application February 23, 2007 – Variance (§72-21) to permit the redevelopment and conversion of an existing three-story factory/warehouse to residential use. The proposal is contrary to §42-00. M1-1 district.
PREMISES AFFECTED – 1901 Eighth Avenue, corner of Eight Avenue and 19th Street, Block 888, Lot 7, Borough of Brooklyn.
COMMUNITY BOARD #7BK
APPEARANCES –
For Applicant: Paul Proulx.
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 Commissioner, dated January 24, 2007, acting on Department of Buildings Application No. 302284837, reads in pertinent part:
“OBJECTION: Use group 2 is not accepted in M1-1 zoning district (Section ZR 42-00)”; and
WHEREAS, this is an application under ZR § 72-21, to permit, within an M1-1 zoning district, the residential conversion of an existing three-story factory/warehouse building to residential use, which is contrary to ZR § 42-00; and
WHEREAS, a public hearing was held on this application on July 24, 2007, after due notice by publication in the City Record, with a continued hearing on September 11, 2007, and then to decision on February 26, 2008; and
WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan, Commissioner Montanez, and Commissioner Ottley-Brown; and
WHEREAS, Community Board 7, Brooklyn, recommends approval of this application; and
WHEREAS, the site is located on the southeast corner of Eighth Avenue and 19th Street, within an M1-1 zoning district; and
WHEREAS, the site has a lot area of 22,508 sq. ft.; and
WHEREAS, the site is currently occupied by a factory/warehouse building, which was most recently used by a mattress re-conditioning business that has relocated; and
WHEREAS, the existing building is overbuilt with a floor area of 49,714 sq. ft. (2.21 FAR) and has 100 percent lot coverage; an FAR of 1.0 and a lot coverage of 55 percent are the maximum permitted in the zoning district; and
WHEREAS, the existing building comprises three one-story sections and one large three-story section; and
WHEREAS, the applicant proposes to demolish the one-story sections and part of the three-story section, to square off a one-story portion at the third floor, and to convert the building to residential use; and
WHEREAS, specifically, the applicant proposes to provide a total floor area of 37,614 sq. ft. (1.67 FAR), 31 dwelling units, and a minimum of 20 accessory parking spaces; and
WHEREAS, the applicant states that the following are unique physical conditions which create an unnecessary hardship in developing the site in conformance with applicable regulations: the existing historic building is overbuilt and obsolete for a conforming use due to (1) the absence of a loading dock, (2) narrow column spacing, (3) low load-bearing capabilities, and (4) a low ceiling height; and
WHEREAS, as to the loading area, the applicant notes that it is at the same grade as the first floor, which results in inefficient loading and unloading and unsafe working conditions; and
WHEREAS¸ additionally, the applicant represents that there is no space at the site to accommodate a proper loading dock; and
WHEREAS, specifically, the applicant represents that the 24’-0” delivery trucks required for prior mattress conditioning business, could not fit inside the loading area, straddled the sidewalk and jutted out into the street when loading and unloading; larger trucks could not be accommodated at all; and
WHEREAS, as to the load-bearing column spacing, the applicant states that the columns are situated in multiple rows on each floor, running the length of the building at 10’-0” intervals from each other; and
WHEREAS, the applicant represents that this creates many narrow bays within each floor, which results in inefficient floor plates and inhibits the movement of goods; and
WHEREAS, the applicant represents that this condition constrains the building for use as a warehouse; and
WHEREAS, as to the load-bearing capacity of the floors, the applicant represents that the building cannot accommodate a storage warehouse because the second and third floors are approved for 100 pounds per square foot of live load; the Building Code requires 140 pounds per square foot for warehouse use; and
WHEREAS, the applicant represents that modern machinery has damaged the building and it cannot be accommodated due to the load limits; and
WHEREAS, as to ceiling height, the applicant notes that the first floor has a height of approximately 14’-0” and the second and third floors have heights of approximately 11’-0”; and
WHEREAS, the applicant represents that standard
53-07-BZ
CEQR #07-BSA-064K
distribution centers require a 20’-0” ceiling height in order to accommodate stacking and efficient storage and maneuvering of bulk goods; and
WHEREAS, additionally, the applicant represents that the building has structural deficiencies, must be shored up, and requires new mechanical systems to be installed in order to make the building viable for any use; and
WHEREAS, based upon the above, the Board finds that the aforementioned unique physical conditions, when considered in the aggregate, create unnecessary hardship and practical difficulty in developing the site in conformance with the applicable zoning regulations; and
WHEREAS, the applicant submitted a feasibility study analyzing (1) the existing conforming scenario and (2) an as of right community facility; and
WHEREAS, the applicant concluded that such scenarios would result in a loss, due to the unique conditions of the site; and
WHEREAS, at hearing, the Board asked the applicant to revise the financial analysis to reflect that the existing conforming scenario is that of a vacant building since the prior use, the mattress reconditioning and storage was unable to viably use the building and has relocated; and
WHEREAS, based upon its review of the applicant’s submissions, the Board has determined that because of the subject site’s unique physical conditions, there is no reasonable possibility that development in strict conformance with applicable zoning requirements will provide a reasonable return; and
WHEREAS, the applicant represents that the proposed use 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 represents that the subject block is one of two in the vicinity which is within an M1-1 zoning district; and
WHEREAS, the applicant represents that the uses on 19th Street and 20th Street, and Seventh Avenue and Eighth Avenue are predominantly residential; and
WHEREAS, the applicant represents that south of the site, on both sides of Eighth Avenue are several one and two-family and multi-family residences; and
WHEREAS, the Board agrees that there is a context for residential use in the area, and finds that the introduction of 31 dwelling units will not impact any nearby conforming uses; and
WHEREAS, the applicant notes that nearby homes date from the 1920s and 1930s, which is the same era as the subject building; and
WHEREAS, the applicant proposes to restore the façade and the windows which have been bricked over; and
WHEREAS, the Board notes that the applicant proposes to demolish portions of the building in order to improve access to light and air; and
WHEREAS, specifically, the elimination of the one-story portions of the building will provide more open space, including a 77’-8” side yard on 19th Street and a 30’-0” rear yard and the new lot coverage of 52.42 percent complies with the adjacent R5B zoning district regulations; and
WHEREAS, further, the Board notes that the partial demolition reduces the floor area of the overbuilt building by approximately 12,100 sq. ft.; and
WHEREAS, the applicant represents that the proposed bulk is consistent with the bulk parameters of the nearby R5B and R6B zoning districts, which permit a maximum of 1.35 and 2.0 FAR, respectively; and
WHEREAS, the applicant proposes to provide 20 parking spaces and to eliminate two existing curb cuts which will improve the traffic flow and increase on-street parking; and
WHEREAS, accordingly, 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, the Board observes that the proposed building with 31 dwelling units is limited in scope and compatible with nearby development; and
WHEREAS, the Board notes that the proposed reduction in floor area and FAR reduces the degree of non-compliance while still permitting the applicant to compensate for the additional construction costs associated with the uniqueness of the site; and
WHEREAS, accordingly, the Board finds that this proposal is the minimum necessary to afford the owner relief; and
WHEREAS, the Board has determined that the evidence in the record supports the findings required to be made under ZR § 72-21; and
WHEREAS, the project is classified as a Unlisted action pursuant to 6 NYCRR, Part 617.2 (ak); and
WHEREAS, the Board has conducted an environmental review of the proposed action and has documented relevant information about the project in the Final Environmental Assessment Statement (EAS) CEQR No. 07BSA064K, dated May 24, 2007; and
WHEREAS, the EAS documents that the project as proposed would not have significant adverse impacts on Land Use, Zoning, and Public Policy; Socioeconomic Conditions; Community Facilities and Services; Open Space; Shadows; Historic Resources; Urban Design and Visual Resources; Neighborhood Character; Natural Resources; Waterfront Revitalization Program; Infrastructure; Hazardous Materials; Solid Waste and
53-07-BZ
CEQR #07-BSA-064K
Sanitation Services; Energy; Traffic and Parking; Transit and Pedestrians; Air Quality; Noise; and Public Health; and
WHEREAS, the Department of Environmental Protection’s Office of Environmental Planning and Assessment has reviewed the following submissions from the Applicant: May 2007 Environmental Assessment Statement Form, Phase I Environmental Site Assessment Report, and air quality and noise submissions dated November 27, 2007, November 15, 2007, October 1, 2007, and August 8, 2007; and
WHEREAS, these submissions specifically examined the proposed action for potential impacts for hazardous materials, air quality and noise; and
WHEREAS, a Restrictive Declaration was executed on September 4, 2007 and recorded on September 6, 2007 for the subject property to address hazardous materials concerns; and
WHEREAS, no other significant effects upon the environment that would require an Environmental Impact Statement are foreseeable; and
WHEREAS, the Board has determined that the proposed action will not have a significant adverse impact on the environment; and
Therefore it is Resolvedthat the Board of Standards and Appeals issues a Negative Declaration, with conditions as stipulated below, prepared in accordance with Article 8 of the New York State Environmental Conservation Law and 6 NYCRR Part 617, the Rules of Procedure for City Environmental Quality Review and Executive Order No. 91 of 1977, as amended, and makes each and every one of the required findings under ZR § 72-21 and grants a variance, to permit, within an M1-1 zoning district, the residential conversion of an existing three-story factory/warehouse building to residential use, which is contrary to ZR § 42-00, 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 October 11, 2007” – nine (9) sheets; and on further condition:
THAT the following shall be the parameters of the proposed building: three stories; a total floor area of 37,614 sq. ft. (1.67 FAR); 31 dwelling units; and a minimum of 20 parking spaces;
THAT the parking layout shall be as 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;
THAT this grant is contingent upon final approval from the Department of Environmental Protection before an issuance of construction permits other than permits needed for soil remediation; 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, February 26, 2008.
A true copy of resolution adopted by the Board of Standards and Appeals, February 26, 2008.
Printed in Bulletin Nos. 8-9, Vol. 93.
Copies Sent
To Applicant
Fire Com'r.
Borough Com'r.