2018-107-BZ APPLICANT – Eric Palatnik, P.C., for Corporate Commons Three, LLC, owner. SUBJECT – Application July 5, 2018 – Variance (§72- 21) to permit a school campus (UG 3) (Integration Charter Schools) contrary to ZR §42-00. M1-1 zoning district. PREMISES AFFECTED – 1441 South Avenue, Block 2165, Lot 120, Borough of Staten Island. COMMUNITY BOARD #2SI Application granted ACTION OF THE BOARD – on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta Commissioner Scibetta……………………………….5 Negative:…………………….…………....…………0 THE RESOLUTION – WHEREAS, the decision of the Department Buildings (“DOB”), dated July 3, 2018, acting on New Building Application No. 520311154, reads in pertinent part: “ZR 42-10 Proposed school (use group 3) . . . is contrary to Section 42-10 of the NYC Zoning Resolution”; and WHEREAS, this is an application under ZR § 21 to permit, in an M1-1 zoning district, development of a mixed-use community-facility commercial building for use as a school (Use Group on the first, third, fourth and fifth floors that does comply with zoning regulations for use, contrary to § 42-10; and WHEREAS, this application has been brought behalf of Integration Charter Schools (the “School”), public school; and WHEREAS, a public hearing was held on application on October 23, 2018, after due notice publication in The City Record, with a continued hearing on January 29, 2019, and then to decision February 26, 2019; and WHEREAS, Commissioner Scibetta performed inspection of the site and surrounding neighborhood; and WHEREAS, Community Board 2, Staten Island, recommends approval of this application; and WHEREAS, the subject site is located on south side of South Avenue, in an M1-1 zoning district, on Staten Island; and WHEREAS, the subject site has approximately 557 feet of frontage along South Avenue, 746 feet depth, 373,838 square feet of lot area and is vacant; WHEREAS, the applicant proposes to develop eight-story mixed-use community-facility commercial building with a total of 328,319 square of floor area (0.87 FAR), of which 127,908 square (0.34 FAR) is proposed for school use on the first, third, fourth and fifth floors; and 2018-107-BZ and an early college program with a projected enrollment of 403 students to locate on the fifth floor; and WHEREAS, applicant states that the School’s elementary program requires 24 classrooms administrative and faculty rooms, calming rooms, meeting rooms and work rooms; that the School’s non- traditional educational program requires one classroom and utilization of the cafeteria, movement studios, weight rooms and dance studios along with instructional kitchen; and that the School’s early college program requires 21 classrooms with an incubator space for business ventures, a science laboratory and a college advisement office to be located adjacent to classroom space; and WHEREAS, with respect to classroom sizes, applicant furnished evidence that the proposed classrooms are similarly spaced to those constructed the City’s School Construction Authority; and WHEREAS, consistent with Cornell University Bagnardi, 68 N.Y.2d 583 (1986), the Board finds the School’s programmatic needs create practical difficulties or unnecessary hardship in complying strictly with applicable zoning regulations that are created by general circumstances in the neighborhood or district; and WHEREAS, the applicant submits that, because the School is a non-profit organization, this application need not demonstrate financial hardship; and WHEREAS, instead, the applicant notes and Board finds that the variances requested are necessary to accommodate the School’s programmatic needs adequate space, facilities and organization; and WHEREAS, the applicant states that the proposed building would not alter the essential character of neighborhood or impair the use or development adjacent properties; and WHEREAS, in support of this contention, applicant surveyed the

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