PREMISES AFFECTED - 8008/10 18th Avenue, Borough of Brooklyn.
288-01-BZ
CEQR#02-BSA-035K
APPLICANT - Peter J. Mugavero, R.A., A.I.A., for Frank Casamento, owner; DBA CG & C Prime Meat, lessee.
SUBJECT - Application April 25, 2002 - under Z.R. §72-21, to permit, in an R5 zoning district, the proposed second story vertical addition to an existing onestory masonry retail establishment, Use Group 6, which is contrary to Z.R. §5331.
PREMISES AFFECTED - 8008/10 18th Avenue, west side, 51'-9" south of 80th Street, Block 6284, Lot 48, Borough of Brooklyn.
COMMUNITY BOARD #11BK
APPEARANCES -
For Applicant: Alfio J. Cali.
For Administration: Captain Mike Maloney and John Scrofani, Fire Department.
ACTION OF THE BOARD - Application granted on condition.
THE VOTE TO GRANT -
Affirmative: Chairman Chin, Vice-Chair Babbar, Commissioner Korbey, Commissioner Caliendo and
Commissioner Miele...... 5
Negative:...... 0
THE RESOLUTION
WHEREAS, the decision of the Borough Commissioner, dated November 16, 2001, acting on ALT. I Application No. 301266243 reads:
"Proposed second floor extension is an increase to the existing nonconforming commercial use in a Residence District. Z.R. 5431."; and
WHEREAS, a public hearing was held on this application on July 23, 2002 after due notice by publication in The City Record, laid over to August 13, 2002 for decision; and
WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chairman James Chin, Commissioner Mitchell Korbey and Commissioner Joel Miele Sr., P.E.; and
WHEREAS, this is an application under Z.R. §7221, to permit, in an R5 zoning district, the proposed second story vertical addition to an existing onestory masonry retail establishment, Use Group 6, which is contrary to Z.R. §5331; and
WHEREAS, the subject lot is 4,773.75 square feet in area and is developed with a onestory brick building, 4,520.43 square feet in area; and
WHEREAS, the applicant represents that the existing building has been at this site for over eighty years, and the current owner purchased this property in 1980 to develop a specialty food store; and
WHEREAS, the applicant seeks the enlargement of the existing retail store by constructing a second story, which will include the relocated kitchen from the first floor, staff offices, staff preparation area and staff locker rooms with toilet facilities; and
WHEREAS, the applicant states that the current building has a retail area, kitchen area and meat department, all of which are too small to meet the demands of the burgeoning population and customer base in the area; and
WHEREAS, the applicant further represents that the owner had unsuccessfully searched for a larger site within the neighborhood to relocate, and has determined that an enlargement to the existing building is necessary to ensure the survival of the business; and
WHEREAS, based upon evidence in the record and testimony provided, the Board finds that the proposed addition of a second story will enable the existing facility to maintain its economic viability and retail competitiveness; and
WHEREAS, the applicant has submitted a feasibility study demonstrating that developing the premises with a conforming use would not yield the owner a reasonable return; and
WHEREAS, the record indicates that the subject premises is located on a highly commercial street, despite its R5 zoning designation; and
WHEREAS, the applicant indicates that the proposed vertical enlargement will be designed to blend in aesthetically with neighboring buildings; and
WHEREAS, the record indicates that there will not be an increase in the number of persons, staff or patrons, occupying the building and therefore there will be no additional traffic or pedestrian traffic created; and
WHEREAS, therefore, the Board finds that this action, as modified, will not alter the essential character of the surrounding neighborhood nor impair the use or development of adjacent properties, nor will it be detrimental to the public welfare; and
WHEREAS, the hardship herein was not created by the owner or a predecessor in title; and
WHEREAS, this proposal is the minimum 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 §7221 of the Zoning Resolution; and
WHEREAS, the Board has conducted an environmental review of the proposed action 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 §607(b) of the Rules of Procedure for City Environmental Quality Review and makes each and every one of the required findings under Z.R. §7221, to permit, in an R5 zoning district, the proposed second story vertical addition to an existing onestory masonry retail establishment, Use Group 6, which is contrary to Z.R. §5331, on condition that all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked "Received April 25, 2002"(5) sheets and "July 30, 2002"(2) sheets; and on further condition;
THAT any change in use shall be referred back to the Board;
THAT substantial construction will be completed in accordance with Z.R. §7223;
THAT the above conditions shall appear in the Certificate of Occupancy;
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;
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, August 13, 2002.