2017-201-BZ CEQR #17-BSA-136K APPLICANT – Law Office of Jay Goldstein, Cheder, owner. SUBJECT – Application May 30, 2017 (§72-21) to permit the construction of a four-story cellar use group 3 dormitory to be used in with an existing three-story, cellar, sub-cellar top play area school building (Cheder), which subject of a previously approved BSA variance Calendar Number: 54-06-BZ) and is contrary §113-51 (floor area ratio), ZR §§113-55 (height; sky exposure plane and setback ratio), §113-544 (rear yard setback), ZR §11-561 §2531 (accessory off-street parking) and (minimum distance between legally required and lot lines). R3-1 zoning district (Special Parkway District) and (Special Purpose (SOPD). PREMISES AFFECTED –323 Elmwood Avenue, Block 6503, Lot 103, Borough of Brooklyn. COMMUNITY BOARD #12BK ACTION OF THE BOARD – Application condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner and Commissioner Scibetta………………...…………….…5 Negative:…………………………………...………… 0 THE RESOLUTION – WHEREAS, the decision of the Brooklyn Commissioner, dated February 28, 2018, Department of Buildings (“DOB”) Application No. 321435719 reads in pertinent Obtain variance approval from the Board Standards and Appeals for the following objections: 1. Proposed floor area ratio is contrary 113-51; 2. Proposed height is contrary to ZR 55 and ZR 23-631; 3. Proposed rear yard setback is contrary ZR 113-544; 4. Proposed setback ratio is contrary 113-55 and ZR 23-631; 5. Proposed sky exposure plane is ZR 113-55 and ZR 23-631; 6. Proposed accessory off street spaces is contrary to ZR 113-561 25-31; 7. Proposed minimum distance legally required windows and lot contrary to ZR 23-861; and WHEREAS, this is an application under ZR permit, on a site located within an R3-1 zoning the Special Ocean Parkway District and Ocean Parkway Subdistrict, in Brooklyn, construction of three-story, plus basement Use Group (“UG”) 3 dormitory that does 2017-201-BZ CEQR #17-BSA-136K ratio (“FAR”) of 2.27, a front wall height total height of 37’-4.5”, a 15 foot rear yard, of the sky exposure plane, a 15 foot setback front wall height of 27’-10.5” and zero accessory street parking spaces; and WHEREAS, at the subject site, a maximum FAR is permitted pursuant to ZR § 113-51; in the perimeter wall is required above height of 21 feet above the base plane and with a slope plane thereafter to meet at a 35 feet are required pursuant to ZR §§ 113-55 631(b); one rear yard with a minimum depth is required pursuant to ZR § 113-544; one offstreet parking space is require for each beds pursuant to ZR §§ 113-561 and 25-31; minimum distance between a legally required and a rear or side lot line is 30 feet pursuant 23- 861; and WHEREAS, accordingly, the Applicant subject relief to facilitate the development dormitory containing 30 rooms with 132 students enrolled in the post-high school program at the Adjacent School; and WHEREAS, the Applicant submits that a full compliances with the Zoning Resolution two stories, plus basement and cellar, containing total of 8 rooms and 31 dormitory beds; and WHEREAS, the Applicant submits approximately 90 percent of its post-high students require dormitory beds and that proposed in the subject application will be addition to the 30 beds that currently Adjacent School and have proven to be insufficient meet student enrollment and demand, anticipated to double in the next three years of 190 students; and WHEREAS, the Applicant represents that high school curriculum, in particular, requires students to be completely dedicated to their and, accordingly, the locating of dormitories proximity to the Adjacent School—where attend all their classes and eat all their programmatic need because without proposal, many students would not choose Adjacent School; and WHEREAS, the Board acknowledges Applicant, as an educational institution, is deference under the law of the State of New zoning and its ability to rely upon program

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