*CORRECTION This resolution adopted on May 22, 2018, under Calendar No. 2016-4208-BZ and printed in Volume 103, Bulletin No. 22, is hereby corrected to read as follows: 2016-4208-BZ CEQR #16-BSA-120M APPLICANT – Sheldon Lobel, P.C., for USD 142 W 19 LLC, owner. SUBJECT – Application May 13, 2016 – Variance (§72-21) to permit the development of a 10-story residential building contrary to ZR §23-692. C6-3A zoning district. 19th PREMISES AFFECTED – 142 West Street, Block 794, Lot 63, Borough of Manhattan. COMMUNITY BOARD #4M 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 Abstain: Commissioner Scibetta..................................1 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated June 5, 2017, acting on Application No. 121190549 reads in pertinent part: 1. ZR 23-153: The proposed lot coverage exceeds the maximum permitted as per ZR section 23-153; 2. ZR 23-47: The proposed rear yard is deficient. A 30’-0” rear yard is required as per ZR 23-47; and WHEREAS, this is an application under ZR § 72- 21 to permit, on a site located within a C6-3A zoning district, the construction of a seven-story plus cellar residential building that does not comply with the underlying regulations pertaining to lot coverage and rear yards, contrary to ZR §§ 23-153 and 23-47; and WHEREAS, a public hearing was held on this application on March 7, 2017, after due notice by publication in The City Record, with continued hearings on June 6, 2017, August 22, 2017, October 31, 2017, January 30, 2018, and March 27, 2018, and then to decision on May 22, 2018; and WHEREAS, Vice-Chair Chanda, Commissioner Ottley-Brown and former Commissioner Montanez performed inspections of the site and surrounding area; and WHEREAS, the applicant initially proposed to construct a 10-story building at the premises, necessitating a waiver of ZR § 23-692, commonly referred to as the “Sliver Law,” which limits the height of portions of buildings with street walls less than 45 feet in width; and WHEREAS, Community Board 4, Manhattan, recommended denial of the original proposal, but voted to recommend approval for a building of eight-stories; 2016-4208-BZ CEQR #16-BSA-120M front lot line, where it is approximately 26 feet wide, to the rear lot line, at which the lot is approximately 22 feet wide—and shallow depth of the lot create practical difficulties and unnecessary hardship in developing the site in conformance with the zoning regulations applicable in the underlying zoning district; and WHEREAS, in support of this contention, the applicant provided the Board with a study of lots located within 400 feet of the premises and within a C6- 2 or C6-3 zoning district (the “Study Area”) concluding that, of the 59 total lots in the Study Area excluding the subject site, 14 lots (24 percent) have a lot width of 26 feet or less, 4 lots (7 percent) have a lot width of 22 feet or less, 10 lots (17 percent) contain 2,242 square feet of lot area or less and 38 lots (64 percent) have a depth of 92 feet or less; and WHEREAS, the applicant submits that the narrow width, shallow depth and shape of the lot reduces the proportion of usable interior space and results in inefficient residential unit layouts and floor plates that are disproportionally occupied by the elevator core and mechanical equipment; and WHEREAS, based on the foregoing, the Board finds that the aforementioned unique physical conditions create unnecessary hardship and practical difficulties in developing the site in conformance with applicable zoning regulations; and WHEREAS, with regards to ZR § 72-21(b), the applicant submits that there is no reasonable possibility that a conforming development at the subjec

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