2017-188-BZ CEQR #17-BSA-131K APPLICANT – Law Office of Lyra J. Altman, for Charles Ishay and David Ishay, owners. SUBJECT – Application May 22, 2017– Special Permit (§73-622) to permit the enlargement of an existing single family home, contrary to floor area (§23-142); side yard requirements (§§23-461) and less than the required rear yard (§23-47). R5 (Special Ocean Parkway) zoning district. PREMISES AFFECTED – 1727 Ocean Parkway, Block 6663, Lot(s) 82 & 83, Borough of Brooklyn. COMMUNITY BOARD #15BK ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, and Commissioner Ottley-Brown.........................................3 Negative: ......................................................................0 Abstain: Commissioner Sheta……………….……….1 WHEREAS, the decision of the Department of Buildings (“DOB”), dated April 21, 2017, acting on Alteration Application No. 321358302, reads in pertinent part: 1. Creates non-compliance with respect to floor area by exceeding the allowable floor area ratio and is contrary to Section[] 23-142 of the Zoning Resolution. 2. Creates non-compliance with respect to the rear yard by not meeting the minimum requirements of Section 23-47 of the Zoning Resolution. 3. Creates non-compliance with respect to the side yards by not meeting the minimum requirements of Section 23- 461 of the Zoning Resolution; and WHEREAS, this is an application under ZR §§ 73-622 and 73-03 to permit, in an R5 zoning district and the Special Ocean Parkway District, the enlargement of two existing two-family detached residences into one two-family detached residence that does not comply with zoning regulations for floor area, rear yard and side yards, contrary to ZR §§ 23-142, 23- 47 and 23-461; and WHEREAS, a public hearing was held on this application on September 12, 2017, after due notice by publication in The City Record, with a continued hearing on October 31, 2017, and then to decision on January 9, 2018; and WHEREAS, Vice-Chair Chanda and Commissioner Ottley-Brown performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 15, Brooklyn, recommends approval of this application, stating that it believes that this application is well within the special permit guidelines; and WHEREAS, the subject site is located on the east 2017-188-BZ CEQR #17-BSA-131K complying perimeter wall height shall only be permitted in R2X, R3, R4, R4A and R4-1 Districts, and only where the enlarged building is adjacent to a single- or two-family detached or semi-detached residence with an existing non- complying perimeter wall facing the street. The increased height of the perimeter wall of the enlarged building shall be equal to or less than the height of the adjacent building’s non- complying perimeter wall facing the street, measured at the lowest point before a setback or pitched roof begins. Above such height, the setback regulations of Section 23-631, paragraph (b), shall continue to apply. The Board shall find that the enlarged building will not alter the essential character of the neighborhood or district in which the building is located, nor impair the future use or development of the surrounding area. The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area; and WHEREAS, the Board notes that in addition to the foregoing, its determination herein is also subject to and guided by, inter alia, ZR §§ 73-01 through 73-04; and WHEREAS, as a threshold matter, the Board notes that the site is within the boundaries of a designated area in which the subject special permit is available; and WHEREAS, the Board notes further that the subject application seeks to enlarge existing detached two-family residences, as contemplated in ZR § 73-622; and WHEREAS, the applicant proposes to enlarge the existing residences from 5,634 square feet of floor area (0.80 FAR) to 9,858 squa

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