143-01-BZ APPLICANT – Law Offices of Marvin B. Mitzner, LLC, for Thomas R. Birchard, owner. SUBJECT – Application February 21, 2017 – Amendment of a previously approved Variance (§72- 21) which permitted the legalization of a veterinary clinic (Use Group 6B) located at the cellar level contrary to Z.R. §22-00 which expired on November 12, 2007 and to permit the legalization of the enlargement of the use into the front, eastern unit on the first floor; Extension of Time to Obtain a Certificate of Occupancy which expired on November 12, 2003; Waiver of the Rules. R8B zoning district. 9th Street, Block PREMISES AFFECTED – 348 East 450, Lot 28, Borough of Manhattan. COMMUNITY BOARD #3M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Sheta..............................................................................4 Negative: ......................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated January 20, 2017, acting on Alteration Application No. 122813278, reads in pertinent part: “Proposed Veterinarian’s Office in R8B zoning district is not permitted pursuant to ZR 22-10”; and WHEREAS, this is an application for a waiver of the Board’s Rules of Practice and Procedure, an extension of time to obtain a certificate of occupancy, an amendment and an extension of term of a variance, previously granted by the Board, which expired November 12, 2007; and WHEREAS, a public hearing was held on this application on March 6, 2018, after due notice by publication in The City Record, and then to decision on March 6, 2018 same date; and WHEREAS, Community Board 3, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the south side of East 9th Street, between Second Avenue and First Avenue, in an R8B zoning district, in Manhattan; and WHEREAS, the site has approximately 25 feet of frontage along East 9th Street, 94 feet of depth, 2,348 square feet of lot area and is occupied by a six-story, with cellar and sub-cellar, mixed-use commercial and residential building; and WHEREAS, the Board has exercised jurisdiction over the subject site since November 12, 2002, when, under the subject calendar number, the Board granted a variance to permit the operation of a veterinary office in Use Group 6B located at the cellar level on condition that the first floor of the subject site revert to a 143-01-BZ grant has been reduced to reflect the period of time that the veterinary office has operated without a variance. Therefore it is Resolved, that the Board of Standards and Appeals does hereby waive the Rules of Practice and Procedure and reopen and amend the resolution, dated November 12, 2002, so that as amended this portion of the resolution shall read: “to permit an extension of time to obtain a certificate of occupancy, an amendment and an extension of term of fifteen (15) years, expiring November 12, 2022; on condition that all work and site conditions shall conform to the Board-approved plans; and on further condition: THAT the term of this grant shall be limited to fifteen (15) years, expiring November 12, 2022; THAT the use permitted by this grant shall be limited to a veterinary office in Use Group 6B; THAT there shall be no boarding of animals at the subject site; THAT the above conditions shall appear on the certificate of occupancy; THAT a certificate of occupancy shall be obtained within one (1) year, by March 6, 2019; THAT all conditions from prior resolutions not specifically waived by the Board remain in effect; THAT this approval is limited to the relief granted by the Board in response to objections cited and filed by the Department of Buildings; THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and THAT the Department of Buildin

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