199-12-BZ CEQR #12-BSA-147K APPLICANT – Sheldon Lobel, P.C., for Delta Holdings, LLC, owner. SUBJECT – Application June 25, 2012 – Variance (§72-21) to construct a self-storage facility, contrary to maximum permitted floor area regulations. C8-1 and R6 zoning districts. PREMISES AFFECTED – 1517 Bushwick Avenue, east side of Bushwick Avenue with frontage along Furman Avenue and Aberdeen Street, Block 3467, Lot 5, Borough of Brooklyn. COMMUNITY BOARD #4BK ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez ..........................................5 Negative:...........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Brooklyn Borough Commissioner, dated December 27, 2012, acting on Department of Buildings Application No. 310076333, reads in pertinent part: Proposed floor area contrary to maximum permitted under ZR 33-122 . . . Proposed commercial use in residential zone not permitted as per 22-00. Proposed height and setback contrary to allowable under ZR 33-431; and WHEREAS, this is an application under ZR § 72- 21, to permit, on a site partially within a C8-1 zoning district and partially within an R6 zoning district, the proposed development of a self-storage facility (Use Group 16), which is non-complying as to floor area, height, and setback, and non-conforming as to the portion of the use within the R6 zoning district; and WHEREAS, a public hearing was held on this application on February 12, 2013 after due notice by publication in the City Record, with continued hearings on April 23, 2013, May 14, 2013, July 23, 2013, and September 10, 2013, and then to decision on October 22, 2013; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan, Vice-Chair Collins, Commissioner Hinkson, Commissioner Montanez, and Commissioner Ottley- Brown; and WHEREAS, Community Board 1, Brooklyn, waived its right to a hearing and did not take a position on the application; and WHEREAS, the site is located on the east side of Bushwick Avenue, with frontage on Furman Avenue and Aberdeen Street; and WHEREAS, the primary frontage is along Bushwick Avenue (200 feet), with side frontage on 1 199-12-BZ CEQR #12-BSA-147K prohibits the construction of below grade space, which would be customary for a storage facility that does not require access to natural light; and WHEREAS, as to the MTA subway tunnel easement, the applicant notes that the easement is below the adjacent Rudd Playground, which is just southwest of the large Trinity Cemetery and Cemetery of the Evergreens; the subway tunnel is above the site’s level of grade and close enough to the property line as to be within MTA’s zone of influence; and WHEREAS, the applicant represents that the additional required construction measures attributed to the proximity of the two tunnels include (1) minimizing vibration, auger installed shoring on three street frontages; (2) foundation knuckle and cantilever design; (3) specialized foundation design at MTA and LIRR’s direction; (4) various premium soft costs and timing delays; and (5) specialized structural mat foundation for at-grade construction; and WHEREAS, the applicant asserts that the premium costs include $160,000 associated with the retaining wall regardless of whether a cellar is included, $525,000 of costs associated with the sectional wall construction and underpinning with a cellar, or $200,000 of costs associated with such construction even without a cellar; and WHEREAS, additionally, the applicant represents that due to the LIRR tunnel, with or without a cellar, the specialized structural mat concrete slab will cost $900,000 compared to $180,000 on a site without the LIRR tunnel; and WHEREAS, the applicant notes that the subway tunnel is approximately ten feet above the level of gra

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