2017-289-BZ & 252-06-BZ CEQR #18-BSA-050X APPLICANT – Sheldon Lobel, P.C., for MHSP Owner LLC, owner. SUBJECT – Application October 27, 2017 Permit (§73-623) to permit development fourteen-story building with a gymnasium Mount Hope Community Center and approximately affordable housing units developed under the Low and Low-Income Affordability financing program administered by the Department Housing Preservation and Development (“HPD”). proposal is contrary to ZR §23-711 (distance required windows) and ZR §23-622 (base and heights). Amendment of a previously approved Variance 21) which permitted the construction of Use Group 4 community center facility underlying bulk regulations. The amendment allow for a modified design of the gymnasium approved in the original variance. R8 zoning PREMISES AFFECTED – 1761 Walton Block 2850, Lot(s) 34, 38, 63 & 160, Bronx. COMMUNITY BOARD #5BX Application ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Commissioner Scibetta……………...……………….…5 Negative:…………………………………...…………0 THE RESOLUTION – WHEREAS, the decision of the Department Buildings (“DOB”), dated October 11, 2017, New Building Application No. 220152607, pertinent part: “Proposed distance between the wall existing building and legally required windows in the proposed development below the required distance of 50 contrary to ZR § 23-711. “Proposed base height and building exceed the maximum heights permitted pursuant to ZR § 23-662”; and WHEREAS, this is an application §§ 73-623 and 73-03 to permit, in an R8 zoning the development of a fourteen-story, with cellar, use residential and community-facility building does not comply with zoning regulations for wall distance and height, contrary to ZR §§ 23-662, and an application for an amendment variance, previously granted by the Board, modifications to the design of the gymnasium and WHEREAS, a public hearing was held application on July 24, 2018, after due publication in The City Record, with continued on October 11, 2018, and then to decision on 4, 2018; and WHEREAS, Chair Perlmutter, Commissioner 2017-289-BZ & 252-06-BZ CEQR #18-BSA-050X features that create practical difficulties in complying with the bulk regulations for Quality Housing buildings would adversely affect the building configuration or site plan; (b) the practical difficulties of developing on the zoning lot have not been by the owner or by a predecessor (c) the proposed modifications will unduly obstruct access of light and adjoining properties or streets; (d) the proposed scale and placement development or enlargement harmoniously with the surrounding and (e) the requested modification is the amount necessary to relieve practical difficulties. The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character surrounding area; and WHEREAS, the Board notes that in the foregoing, its determination herein is also and guided by, inter alia, ZR §§ 73-01 through and WHEREAS, as a preliminary matter, the represents that the proposed building would affordable housing, namely that a minimum percent of the dwelling units in the proposed would be income-restricted housing contemplated by ZR § 73-623; and WHEREAS, by letter dated January 17, Department of Housing Preservation and Development (“HPD”) states that the proposed development at the subject site is in HPD’s as proposed is consistent with the goals Housing New York; that, at closing, the development will be made subject to a agreement with HPD through 2048, during the development’s 103 dwelling units (not one superintendent’s unit) will remain subject legally binding restriction limiting rents Extremely Low and Low-Income Affordability (“ELLA”) financing program; and that at closing may require the proposed development additional units to remain affordable in perpetuity accordance with ELLA term sheet requirements; WHEREAS, in support of the applicabil

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