289-58-BZ
APPLICANT – Eric Palatnik, P.C., for David Oil Corporation, owner.
SUBJECT – Application April 25, 2006 – Extension of Term of a variance for ten years, which expired on November 25, 2005, for a gasoline service station (Sunoco Station) and an Amendment to legalize a small convenience store as an accesory to the UG16-Automotive Service Station. The premise is located in an C2-3/R-7A zoning district.
PREMISES AFFECTED – 398-410 Kings Highway, southwest corner of Kings Place, Block 6678, Lot 73, Borough of Brooklyn.
COMMUNITY BOARD #11BK
APPEARANCES –
For Applicant: Eric Palatnik.
ACTION OF THE BOARD – Application granted on condition.
THE VOTE TO GRANT –
Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Chin and Commissioner Collins...... 4
Negative:...... 0
THE RESOLUTION –
WHEREAS, this is an application made pursuant to Z.R. § 11-411, for a reopening and extension of term of a prior grant for a automotive and gasoline service station, which expired on November 25, 2005; and
WHEREAS, a public hearing was held on this application on June 6, 2006, after due notice by publication in TheCity Record, with a continued hearing on June 20, 2006, and then to decision on June 20, 2006; and
WHEREAS, Community Board 11, Brooklyn, recommends approval of this application; and
WHEREAS, the subject 10,563 sq. ft. lot is located on Kings Highway at the southwest corner of Kings Place; and
WHEREAS, the site is located within an R7A (C2-3) zoning district and is improved upon with a gasoline service station; and
WHEREAS, the Board has exercised jurisdiction over the subject site since November 22, 1960 when, under BSA Cal. No. 289-58-BZ, Vol. II, the Board granted an application for the erection and maintenance of a gasoline service station, with lubritorium, minor repairs with hand tools only, non-automatic auto laundry, office, storage and sales of auto accessories, and parking of more than five motor vehicles awaiting service; and
WHEREAS, subsequently, the term has been extended and the grant amended by the Board at various times, most recently on March 4, 1997, under the subject calendar number, for a term of ten years from the expiration of the prior grant, expiring on November 25, 2005; and
WHEREAS, the applicant now seeks an extension of term for ten years; and
WHEREAS, pursuant to Z.R. § 11-411, the Board may permit an extension of term for a previously granted variance; and
WHEREAS, based upon its review of the application, the Board finds it appropriate to grant the requested extension of term, with certain conditions as set forth below.
Therefore it is Resolved that the Board of Standards and Appeals reopens and amends the resolution, said resolution having been adopted on November 22, 1960, so that as amended this portion of the resolution shall read: “to permit an extension of term, for an additional period of ten years from the expiration of the prior grant, to expire on November 25, 2015; on condition that all work shall substantially conform to drawings filed with this application marked ‘Received April 25, 2006’–(3) sheets and ‘June 13, 2006’–(1) sheet; and on further condition:
THAT the term of this grant shall expire on November 25, 2015;
THAT the condition above shall be listed 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.”
(N.B. 1730/60)
Adopted by the Board of Standards and Appeals, June 20, 2006