136-06-BZ CEQR #06-BSA-106K APPLICANT – Kenneth Fisher, Wolf Block, LLP, Ironworks, LLC, owner. SUBJECT – Application June 29, 2006 – variance under §72-21 to allow the residential conversion and one-story enlargement of three existing four (4) story buildings. The proposed development violates use (§42-00), FAR (§43-12), rear yard (§43-26 and §43-27) regulations. The would include ground floor retail space and twelve dwelling units on the upper floors. M2-1 district. PREMISES AFFECTED – 11-15 Old Fulton between Front and Water Street, Block 35, Lots Borough of Brooklyn. COMMUNITY BOARD #2BK APPEARANCES – For Applicant: Kenneth Fisher. ACTION OF THE BOARD – Application granted condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Commissioner Ottley-Brown and Commissioner Hinkson………………………………………………..4 Negative:.......................................................................0 THE RESOLUTION: WHEREAS, the decision of the Brooklyn Borough Commissioner, dated April 4, 2007, acting on Department of Buildings Application No. 301564162, reads, pertinent part: “1. The proposed conversion and enlargement of an existing manufacturing building residential use when located in a M2-1 zoning district is contrary to Section 42-10 of the Zoning Resolution. 2. The existing building is a non-complying structure in that it exceeds the maximum allowable Floor Area Ratio of 2.0 permitted under Section 43-12 of the Zoning Resolution. As such, the addition of fifth floor will constitute an increase degree of non-compliance contrary Section 54-31 of the Zoning Resolution. 3. The proposed residential enlargement of fifth floor with a rear yard of less than feet is contrary to Section 43-26 of Zoning Resolution.”; and WHEREAS, this is an application under ZR 21, to permit, within an M2-1 zoning district within Fulton Ferry Historic District, the residential conversion and one-story enlargement of three adjacent four-story buildings, with ground floor retail and 15 dwelling which is contrary to ZR §§ 42-10, 43-12, 43-26, 31; and WHEREAS, a public hearing was held application on February 13, 2007, after due notice publication in the City Record, with a continued on March 20, 2007, and then to decision on May and WHEREAS, the premises and surrounding a site and neighborhood examination by a committee 136-06-BZ CEQR #06-BSA-106K only approximately 21’-4”; tax lot 8 has a width of and tax lot 7 has a width of 24’-0”; and WHEREAS, as noted above, the tax lots also depths ranging from 60’-2” at the western property 106’-0” at a small triangular point in the middle, creates a jagged rear lot line; and WHEREAS, as to the site’s shape, tax lots have a rectangular shape, like tax lot 9 at the frontage, but they come to a sharp angle along their lot lines; and WHEREAS, individually, the three lots have size and irregular shape, but even as a merged zoning it is small (5,000 sq. ft.) and irregularly-shaped, cannot support a conforming use; and WHEREAS, as to the historic use of the buildings, the applicant represents that the buildings are at least years old and historic records reflect that the buildings were originally built for local retail on the ground and residential use above and were not designed commercial uses, exclusively; and WHEREAS, further, records show that westernmost building (on tax lot 9) was occupied commercial use on the first floor and residential above; records show that the other two buildings may existed even prior to the 1820s and were occupied commercial and industrial uses, and a hotel at times; and WHEREAS, the applicant represents that years, the buildings, which are within between 50 feet of the Brooklyn Bridge, have been largely vacant used for storage; and WHEREAS, the applicant asserts that although has been some historic conforming use at the buildings are not viable for modern manufacturing which require large unobstructed floor plates, truck and greater ceiling heights; and WHEREAS, as to the obsolescen

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