2018-10-BZ CEQR #18-BSA-089K APPLICANT – Sheldon Lobel, P.C., for Gershon Klein, owner. SUBJECT – Application January 26, 2018 – Special Permit (§73-622) to permit the enlargement of a detached single-family home contrary to ZR §23-141 (FAR and open space ratio); ZR §23-631 (front yard sky exposure plane) and ZR §23-632 (rear yard and side yards). R2 zoning district. 26th Street, Block PREMISES AFFECTED – 1238 East 7643, Lot 60, Borough of Brooklyn. COMMUNITY BOARD #14BK 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 Brooklyn Borough Commissioner, dated April 26, 2018, acting on Department of Buildings (“DOB”) Application No. 321422199, reads in pertinent part: Proposed plans are contrary to Zoning Resolution 23-141 in that the proposed Floor Area Ratio exceeds the maximum permitted; Proposed plans are contrary to Zoning Resolution 23-141 in that the proposed Floor Area exceeds the maximum permitted; Proposed plans are contrary to Zoning Resolution 23-141 in that the proposed Open Space Ratio is less than the minimum required; [. . .]1 Proposed plans are contrary to Zoning Resolution 23-461 and 23-47 in that the proposed side and rear yards are less than minimums required; and WHEREAS, this is an application under ZR § 73- 622 to permit, in an R2 zoning district, the enlargement of a detached single-family dwelling that does not comply with the zoning requirements for floor area ratio (“FAR”), 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 October 11, 2018, after due notice by publication in The City Record, with continued hearings on December 11, 2018, January 15, 2019, and February 26, 2019, and then to decision on that same date; and 1 The applicant received an objection under Section 23- 631of the Zoning Resolution due to the penetration of the sky exposure plane by a front dormer. Over the course of hearings, the applicant revised the proposed building to comply with ZR § 23-631 and, thus, such waiver is no longer sought nor required. 2018-10-BZ CEQR #18-BSA-089K 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

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