2016-1219-BZ CEQR #16-BSA-075Q 74th and APPLICANT – Sheldon Lobel, P.C., for Myrtle LLC, owner. SUBJECT – Application February 10, 2016 – Variance (§72-21) to permit the development of a two-story plus cellar mixed-use building with ground floor commercial use an residential use on the second floor, contrary to residential floor area, front yard, side yard, parking and use regulations. R4-1 zoning district. PREMISES AFFECTED – 73-45 Myrtle Avenue, aka 74th Street, Block 3823, Lot 88, Borough of 78-70 Queens. COMMUNITY BOARD #5Q 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 Queens Borough Commissioner, dated May 3, 2017, acting on Department of Buildings (“DOB”) Application No. 421226774 reads in pertinent part: 1. As per Zoning Resolution 22-10, Use Group 6 (Commercial) is not permitted “As-of-Right” in a Residential district; 2. As per Zoning Resolutions [sic] 23-45, proposed Front Yard is deficient […]; 3. As per Zoning Resolution 23-462, proposed Side Yards are deficient […]; 4. As per Zoning Resolution Section 23- 142, maximum allowable residential FAR is exceeded […]; and WHEREAS, this is an application under ZR § 72- 21 to permit, on a site located in an R4-1 zoning district, the construction of a two-story plus cellar mixed-use commercial and residential building contrary to the use, front yard, side yards, floor area and floor area ratio regulations set forth in ZR §§ 22-10, 23-45, 23-462 and 23-142; and WHEREAS, a public hearing was held on this application on August 22, 2017, after due notice by publication in The City Record, with a continued hearing on November 21, 2017, and then to decision on that date; and WHEREAS, Vice-Chair Chanda and Commissioner Ottley-Brown performed inspections of the subject site and surrounding neighborhood; and WHEREAS, Community Board 5, Queens, recommends approval of this application on condition that the applicant plant three street trees along the Myrtle Avenue frontage and one street tree on the 74th Street frontage of the site; and WHEREAS, the subject site is located on the 2016-1219-BZ CEQR #16-BSA-075Q lot approximates the shape of a bowtie, narrower in its middle than at either side, which vary in width from 22 feet at the western end to 35 feet at the eastern end, and that this shape results in infeasibly narrow, triangular floorplates for an as-of-right building, specifically, one that varies in width from 18 feet to 7 feet; and WHEREAS, in light of the foregoing, the Board finds that the irregular shape and narrowness of the site are unique physical conditions that create unnecessary hardship and practical difficulty in developing the site in conformance with the applicable zoning regulations; and WHEREAS, with regards to the (b) finding, the applicant submits that there is no reasonable possibility that a conforming development at the subject site will bring a reasonable return and, in support of that contention, submitted a financial analysis of (1) a two- story plus cellar residential building containing two one- bedroom dwelling units and 1,504 square feet of total floor area (the “AOR Residential Scenario”); (2) a two- story plus cellar mixed-use residential and community facility building with one studio dwelling unit on the second floor and 928 square feet of total floor area (the “AOR Mixed Use Scenario”) and (3) the subject proposal; and WHEREAS, the financial analyses submitted with this application conclude that only the subject proposal will realize a positive return (0.1 percent); and WHEREAS, upon review of the applicant’s submissions, the Board finds, in accordance with ZR § 72- 21(b), that, due to the site’s unique physical cond

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