2017-308-BZ CEQR #18-BSA-067M APPLICANT – Greenberg Traurig by Jay A. Segal, for East Side Homestead LLC, owner. SUBJECT – Application November 29, 2017 – Variance (§72-21) to permit the conversion of an existing building, subject to a previous Board approval which permitted medical offices with a residential penthouse to be used as a single-family residence contrary to ZR §23-47 (Rear Yard); ZR §23-44 (rear yard obstruction); ZR §23-861 (open space between rear windows and property’s rear lot line; ZR §23-153 (lot coverage) and ZR §23-691 (maximum base height and building height). R8B/LH-1A, R10 Special Park Improvement District. Upper East Side Historic District. 69th PREMISES AFFECTED – 50 East Street, an 69th interior lot located on the south side of East Street, 69th on the block bounded by East Street, Park Avenue, 68th East Street and Madison Avenue. Block 1383, Lot 40. Borough of Manhattan. COMMUNITY BOARD #8M Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Scibetta..........................................................................4 Negative: ....................................................................0 Absent: Commissioner Sheta.........................................1 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated July 17, 2018, acting on Alteration Application No. 123254691, reads in pertinent part: Residential use not within 100 feet of a corner requires 30 foot rear yard pursuant to ZR 23-47. R8B portion of property (westernmost 25 feet) has a 25.2 to 28.8 foot rear yard with the following unpermitted obstructions pursuant to ZR 23-44: wall exceeding 8 feet in height, stairs to second story, balcony contrary to ZR 23-13. BSA approval is required. Residential use requires 30 foot open space between rear windows of living rooms and property’s rear lot line, to provide for legal light and air pursuant to ZR 23-861. Westernmost 25 feet of building has rear- facing living room windows less than 30 feet from property’s rear lot line. BSA approval is required. Maximum lot coverage in R8B district is 70 percent pursuant to ZR 23-153. R8B portion of building exceeds 70 percent of lot coverage. BSA approval is required. R8B portion of property is within LH-1A district. Maximum base height and building height is 60 feet, pursuant to ZR 23-691. R8B portion of building exceeds 60 feet (no setbacks). BSA approval is required. Building does not meet the requirements of ZR 23-692. BSA approval is required; and WHEREAS, this is an application under ZR § 72-21 to permit, partially in an R10 zoning district in 2017-308-BZ CEQR #18-BSA-067M and closed Saturday and Sunday, that the uses be limited to Use Group 6 uses and that a new certificate of occupancy be obtained within one (1) year, by February 25, 1993; and WHEREAS, on April 9, 2002, under BSA Calendar Number 307-81-BZ, the Board granted an extension of term of ten (10) years, expiring September 15, 2011, on condition that a new certificate of occupancy be obtained within one (1) year, by April 9, 2003; and WHEREAS, on June 7, 2011, the Board granted an extension of term of ten (10) years, expiring September 15, 2021; and WHEREAS, the applicant proposes to convert the subject building to a single-family residence (Use Group 2) by removing 25 feet of a one-story extension covering the entirety of the rear yard within the R8B zoning district, leaving the existing outer walls for privacy and constructing a stair and terrace connecting the remaining portion of the extension so that its roof can be used as outdoor space; and WHEREAS, the applicant states that, as a result, the rear wall of the subject building will remain less than 30 feet from the rear lot line of the subject site and the remaining exterior walls and stair and terrace will not constitute permitted obstructions; and WHEREAS, the applicant state
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