PREMISES AFFECTED - 1023 Brighton Beach Avenue, Borough of Brooklyn.
172-97-BZ
APPLICANT - Harold Weinberg, P.E., for Oceana Holding Corporation, Inc., owner.
SUBJECT - Application July 19, 2002 - request for a waiver of the Rules of Practice and Procedure and reopening for an extension of term of variance which expired January 11, 2002.
PREMISES AFFECTED - 1023 Brighton Beach Avenue, north side, between Brighton 11th and Brighton 12th Street, Block B-8709, L-60, Borough of Brooklyn.
COMMUNITY BOARD #13BK
APPEARANCES -
For Applicant: Harold Weinberg.
ACTION OF THE BOARD - Application Denied
THE VOTE TO GRANT -
Affirmative: ...... 0
Negative: Chairman Chin, Vice-Chair Babbar, Commissioner Caliendo and Commissioner Miele...... 4
THE RESOLUTION -
WHEREAS, the applicant requested a waiver of the Rules of Practice and Procedure, a re-opening and an extension of the term of the variance which expired on January 11, 2002; and
WHEREAS, a public hearing was held on this application on April 8, 2003 after due notice by publication in The City Record, laid over May 20, 2003, July 15, 2003, September 16, 2003, October 7, 2003 and then to December 9, 2003 for decision; and
WHEREAS, the subject property is partially within a C1-3/R6 zoning district and partially within a R6 zoning district; and
WHEREAS, under Calendar No. 530-32-BZ, the Board granted a variance allowing construction of a movie theater in a residential zoning district; and
WHEREAS, the applicant represents that subsequent alterations to the approved theater divided the space into four separate theaters; and
WHEREAS, the applicant states that in 1995 alteration permits were obtained to change the use of the theater to a UG 6 Eating and Drinking Establishment; and
WHEREAS, under the instant calendar number, the Board approved an interior enlargement and a change in use from UG 6 Eating and Drinking Establishment to UG 9 Banquet Hall on the first floor and mezzanine, with a term that expired on January 11, 2002; and
WHEREAS, the applicant made the instant application on July 19, 2002; and
WHEREAS, on September 25, 2002, the Board issued a Notice of Objections to the applicant, to which the applicant did not respond for approximately four months; and
WHEREAS, consequently, the Board placed the subject item on the dismissal calendar for failure to prosecute; and
WHEREAS, the applicant then responded to the Notice of Objections, and the case was placed back on the Special Order calendar; and
WHEREAS, subsequently, the Board has requested the following items from the applicant: operating plans, a detailed signage analysis, a copy of the existing lease agreement, and a legalized fire system; and
WHEREAS, the applicant has submitted copies of Department of Buildings Records Request forms that indicate that the records were not found, but has not submitted, as requested, a detailed signage analysis; and
WHEREAS, in a late submission, the applicant has submitted alleged translations of descriptions of operations from lessees of the subject premises, as well as a sprinkler plan; and
WHEREAS, the Board finds that the applicant has been given considerable opportunity to complete this application and that no satisfactory progress has been made, in that the applicant has failed to timely submit requested items, namely a detailed signage analysis and detailed operating plans; and
WHEREAS, the Board finds that the items that have been submitted by the applicant are insufficient to warrant a grant of the requested relief.
Resolved, that the Board of Standards and Appeals hereby denies the subject application.
Adopted by the Board of Standards and Appeals, December 9, 2003.