PREMISES AFFECTED - 223 West 80Th Street, Borough of Manhattan

PREMISES AFFECTED - 223 West 80th Street, Borough of Manhattan.

151-02-BZ

CEQR #02-BSA-198M

APPLICANT - Law Offices of Howard Goldman, PLLC, for Phoenix House Foundation, Inc., owner; Cavan Development Corp., Contract Vendee.

SUBJECT - Application May 9, 2002 - under Z.R. §72-21, to permit in a C4-6A zoning district, the proposed construction of a twelve-story building, which exceeds the maximum permissible height and is contrary to Zoning Resolution §23-692.

PREMISES AFFECTED - 223 West 80th Street, between Broadway and Amsterdam Avenue, Block 1228, Lot 19, Borough of Manhattan.

COMMUNITY BOARD #7M

APPEARANCES -

For Applicant: Chris Wright.

ACTION OF THE BOARD - Application granted on condition

THE VOTE TO GRANT -

Affirmative: Chairman Chin, Commissioner Korbey, Commissioner Caliendo and Commissioner Miele...... 4

Negative:...... 0

Absent: Vice-Chair Babbar...... 1

THE RESOLUTION -

WHEREAS, the decision of the Borough Commissioner, dated April 18, 2002, acting on Application No. 103134724 reads:

“Proposed construction of residential building does not comply with Section 23-692 of the NYC Zoning Resolution (Height Limitations for NarrowBuildings or Enlargements).”; and

WHEREAS, a public hearing was held on this application on October 29, 2002 after due notice by publication in The City Record and laid over to December 10, 2002 for continued hearing and then to January 14, 2003 for decision; and

WHEREAS, the site and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chairman James Chin, Vice Chairman Satish Babbar, Commissioner Mitchell Korbey, Commissioner Peter Caliendo and Commissioner Joel Miele; and

WHEREAS, this is an application under Z.R. §72-21, to permit, in a C4-6A zoning district, the proposed construction of a twelve-story building, which exceeds the maximum permissible height and is contrary to Zoning Resolution §23-692; and

WHEREAS, the permissible Floor Area Ratio (FAR) in the subject zoning district is 10.0, and the subject proposal is 8.3; and

WHEREAS, however, §23-692, which applies to lots of less than 45 feet in width such as the subject lot, restricts the height of any new development to the height of the shorter adjacent building; and

WHEREAS, the subject lot is located between a 12-story building and a 7-story building, and abuts a 22-story building in the rear and therefore any development on the lot is limited to 7 stories; and

WHEREAS, the applicant states that a complying use on the premises cannot generate sufficient square footage to offset the development cost associated with unique conditions of the zoning lot; and

WHEREAS, the record indicates that site is improved with an existing 3-story community facility building, formerly housing a day care and currently utilized as a central admissions office and outpatient center for Phoenix House, a provider of substance abuse and treatment programs; and

WHEREAS, the applicant represents that due to the building’s design history, the present structure is burdened by numerous conditions, such as the lack of an elevator and rear yard, which effectively prohibit residential conversion or commercial use; and

WHEREAS, evidence in the record indicates that the front half of the building’s basement was not excavated, which is necessary in order to create space for a stairway, elevator core and mechanical rooms; and

WHEREAS, the applicant further represents that the excavation of the front half of the basement will be both difficult and costly due to the narrowness of the lot and the existing buildings on both the east and west; and

WHEREAS, the Board finds that aforementioned unique physical conditions of the site, namely the functional obsolescence of the existing building and the lack of half of the basement level, makes its occupancy for a complying use impractical and creates an unnecessary hardship in developing the site in compliance with the current zoning; and

WHEREAS, the applicant has submitted a feasibility study demonstrating that developing the entire premises with a conforming use would not yield the owner a reasonable return; and

WHEREAS, the applicant’s original proposal was for a 12-story plus penthouse building housing twelve units, but at the request of the Board, and in response to community-based concerns, the proposal has been reduced in size and height by the removal of the penthouse level and a reduction in the number of units to eleven; and

WHEREAS, the record indicates that the vicinity of the subject premises is predominately residential in character, and there exist numerous buildings 12-stories or higher in the immediate area; and

WHEREAS, therefore, the Board finds that the proposed application will not alter the essential character of the surrounding neighborhood, nor impair the use of development of adjacent properties nor be detrimental to the public welfare; and

WHEREAS, the hardship herein was not created by the owner or a predecessor in title; and

WHEREAS, the Board finds that the variance application is the minimum variance 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 §72-21 of the Zoning Resolution; and

WHEREAS, the Board has conducted an environmental review of the proposed action and the Final Environmental Assessment Statement and has carefully considered all relevant areas of environmental concern; and

WHEREAS, the evidence demonstrates no foreseeable significant environmental impacts that would require the preparation of an Environmental Impact Statement.

Resolved that the Board of Standards and Appeals issues a Negative Declaration under 6 NYCRR Part 617 and §6-07(b) of the Rules of Procedure for City Environmental Quality Review and makes each and every one of the required findings under Z.R. §72-21, to permit, in a C4-6A zoning district, the proposed construction of a twelve-story building, which exceeds the maximum permissible height and is contrary to Zoning Resolution §23-692, on condition that all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked “Received January 7, 2003”-(12) sheets; and on further condition;

THAT the premises shall be maintained free of debris and graffiti;

THAT any graffiti located on the premises shall be removed within 48 hours;

THAT the above conditions shall be noted in the Certificate of Occupancy;

THAT substantial construction shall be completed in accordance with Z.R. §72-23;

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, January 14, 2003