2016-4335-BZ CEQR#17-BSA-043Q APPLICANT – Gerald J. Caliendo, RA, AIA, for 193 Street LLC, Joseph Atarien, President, owner. SUBJECT – Application November 21, 2016 – Variance (§72-21) proposed construction of a two story, two family dwelling contrary to Floor Area Ratio and Maximum Lot Coverage (ZR 23-141), Number of Dwelling Units (ZR 23-22) and Front Yard (ZR 23-45). R3X zoning district. 137th Avenue, Block PREMISES AFFECTED – 220-21 13112, Lot 1, Borough of Queens. COMMUNITY BOARD #13Q THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta and Commissioner Scibetta……………………………....…5 Negative:………………………………..…………..…0 THE RESOLUTION – WHEREAS, the decision on behalf of the Queens Borough Commissioner, dated November 9, 2016, acting on Department of Buildings (“DOB”) Application No. 421306919 reads in pertinent part: The proposed construction of a 2 story, 2 family dwelling in an R3X zoning district is contrary to the following Z.R. Sections: 1. [. . .]; 2. [. . .]; 3. [. . .]; 4. Proposed (1) front yard is contrary to ZR 23-45; and WHEREAS, this is an application under ZR § 72- 21 to permit, with an R3X zoning district, the construction of a detached two-family dwelling that does not comply with zoning regulations pertaining to front yards, contrary to ZR § 23-45; and WHEREAS, a public hearing was held on this application on September 13, 2018, after due notice by publication in The City Record, with a continued hearing on February 26, 2019, 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, the subject site is located on the northwest corner of 137th Avenue and 220th Place, in an R3X zoning district, in Queens; and WHEREAS, the site has approximately 25 feet of frontage along 137th Avenue, 100 feet of frontage along 220th Place, 2,500 square feet of lot area and is currently vacant; and WHEREAS, Community Board 13, Queens recommends disapproval of this application on the basis that the site is not clearly unique, and a two-family residence is not the minimum variance; and WHEREAS, New York State Assemblywoman Alicia Hyndman submitted a letter in opposition to this application, citing the Community Board 13 public 2016-4335-BZ CEQR#17-BSA-043Q application for a building permit; and, if developed as a two-family residence, meets the applicable density requirement of the zoning district in which such zoning lot is located; and WHEREAS, the applicant submits that the subject site was owned separately and individually from all other adjoining tracts of land on September 4, 2008, the effective date of the rezoning (C 080462 ZMQ) that changed the subject zoning district from R3-2 to R3X, and will be on the date of application for a building permit, and, further, that the proposed two-family residence meets the applicable density requirements, to wit, pursuant to ZR § 23-22, the maximum number of dwelling units at the site (equal to the maximum residential floor area permitted on the zoning lot divided by a factor of 1,000, with all fractions equal to or greater than three-quarters being considered one dwelling unit) is 2; and WHEREAS, the applicant notes also that two- family detached residences (Use Group 2) are permitted in the subject zoning district as-of-right pursuant to ZR §§ 22-00 and 22-12; and WHEREAS, accordingly, no waiver of ZR § 23- 32 (Minimum Lot Area or Lot Width for Residences) or ZR § 23-22 (Maximum Number of Dwelling Units) has been sought in this application; and WHEREAS, the applicant states, pursuant to ZR § 72-21(a), that the narrowness of the lot, its vacancy and status as a corner lot, for which two front yards are required, are unique physical conditions that create practical difficulty and unnecessary hardship in developing the site in compliance with the underlying district regulations; and WHEREAS, in support of this

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