558-71-BZ, Vol. II
APPLICANT – Eric Palatnik, P.C., for George Feig, owner.
SUBJECT – Application February 20, 2007 – Amendment to permit the legalization of the change in use from the previously approved greenhouse and nursery establishment with accessory uses (UG6) to an eating and drinking establishment (UG6) located in a R3-1 zoning district.
PREMISES AFFECTED – 1949 Richmond Avenue, north of Rockland Avenue, Block 2030, Lot 1, Borough of Staten Island.
COMMUNITY BOARD #2SI
APPEARANCES –
For Applicant: Eric Palatnik.
ACTION OF THE BOARD – Application granted on condition.
THE VOTE TO GRANT –
Affirmative: Chair Srinivasan, Vice-Chair Collins, and Commissioner Hinkson...... 3
Negative:...... 0
Absent: Commissioner Ottley-Brown...... 1
THE RESOLUTION:
WHEREAS, this is an application for a reopening and an amendment to legalize a change in use from a greenhouse with an accessory retail store (Use Group 6) to an eating and drinking establishment (Use Group 6); and
WHEREAS, the decision of the Staten Island Commissioner dated February 2, 2007, acting on DOB Application No. 500806611, reads:
“22-00 ZR: Change of existing legal use (greenhouse, sales and display, retail store and freezer and storage) in use group 6 to eating and drinking establishment, pizzeria, and delicatessen restaurant with seating (also use group 6) located within an R3-1 zoning district which is contrary to BSA Resolution Cal. No. 558-71-BZ and section 22-00 of the NYC Zoning Resolution. Therefore, refer to the board of standards and appeals for review.
“23-00, 25-00, 25-70 ZR: There are no bulk, parking and loading regulations for a retail establishment (use group 6) within an R3-1 district. Refer to the Board of Standards and Appeals for review”; and
WHEREAS, a public hearing was held on this application on June 19, 2007, after due notice by publication in The City Record, with a continued hearing on August 7, 2007, and then to decision on August 21, 2007; and
WHEREAS, the premises had a site and neighborhood visit by Chair Srinivasan; and
WHEREAS, Community Board 2, Staten Island, recommended approval of this application; and
WHEREAS, the site is located on the east side of Richmond Avenue, between Amsterdam Place and Bleecker Place, within an R3-1 zoning district; and
WHEREAS, the subject site is occupied by one-story building with a floor area of 5,815 sq. ft. and 19 accessory parking spaces; and
WHEREAS, the prior variance was granted on November 16, 1971, and permitted, within an R3-2 zoning district, the construction and maintenance of an existing nursery and greenhouse, pursuant to ZR § 72-21; and
WHEREAS, on March 25, 2005, the grant was amended by letter to permit interior renovations; and
WHEREAS, an application was filed on January 27, 2006 on behalf of the previous owner of the premises for a reopening and an amendment to legalize a change in use from a greenhouse with an accessory retail store (Use Group 6) to an eating and drinking establishment (Use Group 6); and
WHEREAS, the former owner’s business at the premises failed and the application was not prosecuted; and
WHEREAS, on October 24, 2006, the Board dismissed the application for lack of prosecution; and
WHEREAS, the premises has been purchased by a new owner who wishes to legalize its use as an eating and drinking establishment; and
WHEREAS, the applicant presented evidence that the surrounding area is characterized by commercial establishments, many of which were authorized by grants from the Board; and
WHEREAS, the hours of operation of the eating and drinking establishment will be Monday through Saturday 8 a.m. to 8 p.m. and Sunday 8 a.m. to 4 p.m., with a delivery area within ten (10) blocks of the premises; and
WHEREAS, the operator anticipates that approximately 120 patrons will visit the eating and drinking establishment each day; and
WHEREAS, in response to concerns expressed by the Board at hearing, the applicant presented a traffic report indicating that the 19 existing parking spaces are adequate for anticipated use, and that no significant traffic impacts would be anticipated; and
WHEREAS, accordingly, the Board agrees that all of the requested changes are within the scope of the original grant and has determined that none of the requested changes affects the required findings; and
WHEREAS, based upon its review of the record, the Board finds that the proposed amendments are appropriate, with the conditions 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 16, 1971, so that as amended this portion of the resolution shall read: “to permit the conversion of the existing building from agreenhouse with an accessory retail store (Use Group 6) to an eating and drinking establishment (Use Group 6)on condition that all work and site conditions shall comply with drawings marked “Received May 21, 2007”–(3) sheets; and on further condition:
THAT the above condition shall appear on the Certificate of Occupancy;
THAT all conditions from the prior resolution not specifically waived by the Board shall 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. 500806611)
Adopted by the Board of Standards and Appeals, August 21, 2007.
AA true copy of resolution adopted by the Board of Standards and Appeals, August 21, 2007.
Printed in Bulletin Nos. 33, Vol. 92.
Copies Sent
To Applicant
Fire Com'r.
Borough Com'r.