*CORRECTION This resolution adopted on November 21, 2017, under Calendar No. 2017-38-BZ and printed in Volume 102, Bulletin No. 48, is hereby corrected to read as follows: 2017-38-BZ APPLICANT – Eric Palatnik, P.C., for Avrohom Ackerman, owner. SUBJECT – Application February 7, 2017 – Special Permit (§73-622) for the enlargement of an existing single family home contrary to floor area and open space (ZR §23-142); side yard (ZR §23-461(a)) and less than the required rear yard (ZR §23-47). R2 zoning district. 28th PREMISES AFFECTED – 1155 East Street, Block 7628, Lot 23, Borough of Brooklyn. COMMUNITY BOARD #14BK Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda and Commissioner Ottley-Brown.........................................3 Negative: ......................................................................0 Abstain: Commissioner Sheta…………………….…1 THE RESOLUTION – WHEREAS, the decision of the Brooklyn Borough Commissioner, dated January 27, 2017, acting on Department of Buildings (“DOB”) Application No. 321511440 reads in pertinent part: 1. Proposed plans are contrary to ZR 23-141 in that the proposed floor area ratio (FAR) exceeds the permitted 0.50; 2. Proposed plans are contrary to ZR 23-141 in that the proposed open space ratio (OSR) is less than the required 150%; 3. Proposed plans are contrary to ZR 23- 461(a) in that the straight line extension of the North side yard results in a side yard with less than the required minimum 5’-0”; 4. Proposed plans are contrary to ZR 23-47 in that the proposed rear yard is less than 30’- 0”; and WHEREAS, this is an application under ZR § 73- 622 to permit, in an R2 zoning district, the proposed enlargement of a two-story plus cellar and attic detached single-family residence that does not comply with the zoning requirements for floor area ratio, open space ratio, side yards and rear yards, contrary to ZR §§ 23-141, 23- 461(a) and 23-47; 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 November 21, 2017, and then to decision on the same date; and 2017-38-BZ permit was granted, has not been completed within two years from the effective date of issuance of such special permit. Such enlargement may create a new non- compliance, or increase the amount or degree of any existing non-compliance, with the applicable bulk regulations for lot coverage, open space, floor area, side yard, rear yard or perimeter wall height regulations, provided that: (1) any enlargement within a side yard shall be limited to an enlargement within an existing non-complying side yard and such enlargement shall not result in a decrease in the existing minimum width of open area between the building that is being enlarged and the side lot line; (2) any enlargement that is located in a rear yard is not located within 20 feet of the rear lot line; and (3) any enlargement resulting in a non- 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 t

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