PREMISES AFFECTED - 157 Classon Avenue, Borough of Brooklyn.
174-02-A
APPLICANT - Klein & O’Brien, LLP, for Dalebrook Realty, Inc., by George E. Sherman, owner; Jacob Gold, contract vendee.
SUBJECT - Application May 23, 2002 - under Z.R. §72-21, to permit the construction of two, five-story, Use Group 2 residential buildings in an M1-1 zoning district, which is contrary to Z.R. §42-00.
COMMUNITY BOARD #2BK
APPEARANCES -
For Applicant: Allison Kamensky and Stuey Baby Klein.
For Opposition: Hiram Rothkrug.
ACTION OF THE BOARD - Appeal granted on condition.
THE VOTE TO GRANT -
Affirmative: Chairman Chin, Vice-Chairman Babbar, Commissioner Caliendo and Commissioner Miele...... 4
Negative:...... 0
THE RESOLUTION-
WHEREAS, the decisions of the Brooklyn Borough Commissioner, dated May 07, 2002 acting on Application No. 301341616 read:
“1.30 foot rear yard not provided contrary to MDL Article 3, Section 26
2.NYC Building Code Section 27-733 Light and Air not provided”; and
WHEREAS, the applicant represents that the small size of the subject properties creates a hardship with respect to rear yard and light and air compliance; and
WHEREAS, the applicant asserts that the proposed development will provide a 20 foot rear yard and the Taaffe Playground, which abuts the rear of the subject properties, will supply necessary light and air to the residential development; and
WHEREAS, each of these appeals cases is accompanied by a concurrent zoning case which addresses the issues of non-compliance with Zoning Resolution §42-00; and
WHEREAS, the applicant has submitted adequate evidence to warrant this approval under certain conditions.
Resolved, that the decisions of the Brooklyn Borough Commissioner, dated May 07, 2002 acting on Application No. 301341616 is modified and that this appeal is granted, limited to the decision noted above, on condition that construction shall substantially conform to the drawing filed with the application marked, “Received June 3, 2003”- (5) sheets and “Received July 7, 2003”- (4) sheets; on further condition
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) and/or configuration(s) not related to the relief granted.
Adopted by the Board of Standards and Appeals, July 15, 2003.