2016-4171-BZ CEQR #16-BSA-109K APPLICANT – Sheldon Lobel, P.C., owner. SUBJECT – Application April 15, 2016 (§72-21) to permit the development of plus penthouse residential building (UG ZR §42-00. M1-1 zoning district. PREMISES AFFECTED – 823 Kent 1898, Lot 23, Borough of Brooklyn. COMMUNITY BOARD #3BK Application ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Commissioner Scibetta……………………………….5 Negative:…………………………………..............…0 THE RESOLUTION – WHEREAS, the decision of the Buildings (“DOB”), dated March 18, New Building Application No. 321131422, pertinent part: “Proposed new 3-family residential . . . is not allowed pursuant to ZR and WHEREAS, this is an application § 72-21 to permit, in an M1-1 zoning development of a four-story residential does not comply with zoning regulations contrary to ZR § 42-10; and WHEREAS, a public hearing was application on November 21, 2017, after publication in The City Record, with continued on August 21, 2018, September 27, 2018, 11, 2018, March 5, 2019, and then to decision 9, 2019; and WHEREAS, Vice-Chair Chanda, Ottley-Brown and Commissioner Scibetta inspections of the site and surrounding and WHEREAS, Community Board recommends approval of this application application; and WHEREAS, the subject site is located side of Kent Avenue, between Myrtle Avenue Avenue, in an M1-1 zoning district, in WHEREAS, the subject site has approximately feet of frontage along Kent Avenue, 206 5,154 square feet of lot area and is occupied story residential building at the rear of 1,276 square feet of floor area (0.25 FAR); WHEREAS, the applicant proposes four-story, including penthouse, residential with a total of 3,636 square feet of floor FAR), including 1,105 square feet of floor first three floors and 321 square feet of the fourth-floor penthouse—totaling 4,912 2016-4171-BZ CEQR #16-BSA-109K and WHEREAS, the applicant submits unique physical conditions eliminate possibility that strictly complying with regulations would enable a reasonable WHEREAS, in support of this applicant supplied a financial feasibility demonstrating that an as-of-right consisting of a three-story warehouse building with the existing residential building at the rear of the subject site—would substantial loss on investment but that development of a four-story, including residential building with the existing building to remain at the rear of the subject yield a modest return; and WHEREAS, the Board finds that, above unique physical conditions, reasonable possibility that development conformity with applicable zoning regulations bring a reasonable return; and WHEREAS, the applicant states that residential development will not alter the surrounding neighborhood or district; WHEREAS, in support of this applicant submitted evidence that the surrounding contains a vibrant mix of uses—including conforming residences and manufacturing that only a few lots on the subject block with conforming commercial, manufacturing community-facility uses; and WHEREAS, the applicant also submits a building height of 38’-6”, the proposed development is consistent with the surrounding and the applicant provided a photographic montage indicating that buildings in the in height from 16 feet to 86 feet, that height is consistent with adjacent residential that the proposed building will improve continuity on the subject block and that floor area, which is below the maximum community facilities as of right, is consistent surrounding area; and WHEREAS, by letter dated October Fire Department states that it has no objection application provided that the existing two-story building shall be fully sprinklered; structures constructed on the remaining subject site shall be fully sprinklered; side yard shall be maintained clear at there shall be no parking at any time within of the side yard; that a separate address installed on or near the front lot line address of the rear res

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