2017-209-BZ CEQR #17-BSA-142K APPLICANT – Eric Palatnik, P.C., for Yoel Zagelbaum, owner. SUBJECT – Application June 9, 2017 – Special Permit (§73-622) to permit the enlargement of an existing single family home, contrary to floor area, open space and lot coverage (ZR §23-142); perimeter wall height (ZR §23-631) and less than the required rear yard (ZR §23-47). R3-2 zoning district. 29th Street, Block PREMISES AFFECTED – 1622 East 679, Block 8, Borough of Brooklyn. COMMUNITY BOARD #15BK Application granted on ACTION OF THE BOARD – condition. 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 of the Department of Buildings (“DOB”), dated July 18, 2018, acting on Alteration Application No. 321511636, reads in pertinent part: “Official denial for submission to the Board of Standards and Appeals in regarding to the matters of; 1. ZR-142 – Floor Area 2. ZR-142 – Lot Coverage 3. ZR-142 – Open Space 4. ZR-631b – Perimeter Wall Height 5. ZR-23-47 – Rear Yard 6. ZR-23-461 – Side Yard”; and WHEREAS, this is an application under ZR §§ 73-622 and 73-03 to permit, in an R3-2 zoning district, the enlargement of an existing single-family detached residence that does not comply with zoning regulations for floor area, lot coverage, open space, perimeter wall height, rear yards and side yards, contrary to ZR §§ 23-142, 23-631(b), 23-47 and 23-461; and WHEREAS, a public hearing was held on this application on May 15 2018, after due notice by publication in The City Record, with a continued hearing on July 24, 2018, and then to decision on September 13, 2018; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the site and surrounding neighborhood; and WHEREAS, Community Board 15, Brooklyn, recommends approval of this application, stating that the proposed building would fit in with the character of the neighborhood; and WHEREAS, the subject site is located on the west side of East 29th Street, between Quentin Avenue and Avenue P, in an R3-2 zoning district, in Brooklyn; and WHEREAS, the subject site has approximately 50 feet of frontage along East 29th Street, 100 feet of 2017-209-BZ CEQR #17-BSA-142K 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 an existing detached single-family residence, as contemplated in ZR § 73-622; and WHEREAS, in response to questions from the Board at hearing about the retention of existing building material, the applicant revised the drawings to reflect that adequate amounts of exterior walls will be re
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