2018-110-BZ CEQR #19-BSA-004K APPLICANT – NYC Mayors Office of Housing Recovery (HRO) SUBJECT – Application July 11, 2018 – Special Permit (§64-92) to waive bulk regulations for the replacement of homes damaged/destroyed by Hurricane Sandy, on properties which are registered in the NYC Build it Back Program.R-4 zoning district. PREMISES AFFECTED – 17 Abbey Court, Plumb Beach Channel Shoreline, Lois Avenue. Block 8845, Lot 1984. Borough of Brooklyn. COMMUNITY BOARD #3BK 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, this is an application for a waiver of the Board’s Rules of Practice and Procedure and a special permit, pursuant to ZR § 64-92 to legalize, on a site within an R4 zoning district, the elevation of a single-family detached home in compliance with flood- resistant construction standards that does not comply with the zoning requirements for front yards, rear yards, side yards and building height, contrary to ZR §§ 23- 45, 23-52, 23-461, 64-A351, 64-A353, 64-A532 and 64-A36; and WHEREAS, a public hearing was held on this application on July 24, 2018, and then to decision on the same date; and WHEREAS, this application is brought on behalf of the property owner by the Build it Back Program, which was created to assist New York City residents affected by Superstorm Sandy; and WHEREAS, in furtherance of the City’s effort to rebuilt homes impacted by Superstorm Sandy expeditiously and effectively, the Board, pursuant to 2 RCNY § 1-14.2, waives the following of its Rules of Practice and Procedure: (1) 2 RCNY § 1-05.1 (Objection Issued by the Department of Buildings); (2) 2 RCNY § 1-05.3 (Filing Period); (3) 2 RCNY § 1-05.4 (Application Referral); (4) 2 RCNY § 1-05.6 (Hearing Notice); (5) 2 RCNY § 1-05.7 (List of Affected Property Owners); (6) 2 RCNY § 1-09.4 (Owner’s Authorization); and (7) 2 RCNY § 1-10.7 (Proof of Service for Application Referral and Hearing Notice); and WHEREAS, the Board notes that the subject application is exempt from fees pursuant to 2 RCNY § 1-09.2 and NYC Admin. Code § 25-202(6); and WHEREAS, the subject site is located on the west side of Abbey Court, south of Lois Avenue, in an R4 zoning district, in Brooklyn; and WHEREAS, the site has approximately 40 feet of frontage along Abbey Court, 1,800 square feet of lot area and is occupied by a single-family detached residence; and WHEREAS, ZR § 64-92 provides: at least 10 feet is required pursuant to ZR § 23-52 and 2018-110-BZ CEQR #19-BSA-004K 64-A353 and two side yards, each with a width of at least 5 feet and with a combined minimum width of 13 feet, are required pursuant to ZR §§ 23-461 and 64- A532; and WHEREAS, additionally, a maximum height of 25 feet from FRCE is permitted pursuant to ZR § 64- A36; and WHEREAS, in accordance with ZR § 64-92(a), the composition of the existing residence on the lot creates practical difficulties in complying with flood- resistant construction standards without the modification of requirements for front yards, rear yards, side yards and height and that waivers of the same are the minimum necessary to allow for a building compliant with flood-resistant construction standards; and WHEREAS, pursuant to ZR § 64-92(b), the subject proposal does request a modification of bulk regulations related to height, but such request is to permit a height that exceeds the maximum permitted by 2 inches, which is both less than 10 feet in height and less than 10 percent of the permitted height as measured from FRCE (2.5 feet); and WHEREAS, the applicant states that, pursuant to ZR § 64-92(c), the proposal will not alter the essential character of the neighborhood in which the dwelling is located, nor impair the future use or dev
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