2018-112-BZ CEQR #10-BSA-006R APPLICANT – NYC Mayors Office of Housing Recovery (HRO) SUBJECT – Application July 11, 2018 – Permit (§64-92) to waive bulk regulations replacement of homes damaged/destroyed by Hurricane Sandy, on properties which are registered in the Build it Back Program.R3X zoning district. PREMISES AFFECTED – 26 Milbank Road, Avenue, Cedar Grove Avenue. Block 4092, Borough of Staten Island. COMMUNITY BOARD #5SI Application granted ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta Commissioner Scibetta.................................................5 Negative: ......................................................................0 THE RESOLUTION – WHEREAS, this is an application for a waiver the Board’s Rules of Practice and Procedure special permit, pursuant to ZR § 64-92 to legalize, site within an R3X zoning district, the elevation single-family detached home in compliance with resistant construction standards that does not with the zoning requirements with regards yards and rear yards, contrary to ZR §§ 23-45, 23-52, 64-A351 and 64-A353; and WHEREAS, a public hearing was held application on July 24, 2018, and then to decision the same date; and WHEREAS, this application is brought on 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 rebuilt homes impacted by Superstorm expeditiously and effectively, the Board, pursuant RCNY § 1-14.2, waives the following of its Rules Practice and Procedure: (1) 2 RCNY § (Objection Issued by the Department of Buildings); 2 RCNY § 1-05.3 (Filing Period); (3) 2 RCNY (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 Service for Application Referral and Hearing and WHEREAS, the Board notes that the 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 side of Milbank Road, west of Cedar Grove Avenue, an R3X zoning district, on Staten Island; and WHEREAS, the site has approximately 40 frontage along Milbank Road, 2,400 square feet area and is occupied by a single-family detached residence; and WHEREAS, the Board has exercised jurisdiction over the subject site since January 22, 2016, 2018-112-BZ CEQR #10-BSA-006R no more than 10 feet in height or percent of permitted height as measured from flood-resistant construction elevation, whichever is less; and (c) the proposed modifications will not alter the essential character of neighborhood in which the building located, nor impair the future use development of the surrounding area consideration of the neighborhood’s potential development in accordance with flood-resistant construction standards. The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of surrounding area; and WHEREAS, in accordance with ZR § 64-92(a), the inadvertent over-elevation of the existing residence on the lot creates practical difficulties in complying with flood-resistant construction standards without modification of requirements for front yards yards and that waivers of the same are the minimum necessary to allow for a building compliant with resistant construction standards; and WHEREAS, the Board finds that the proposal does not include a request to modify the maximum permitted height in the underlying district; thus, finding pursuant to ZR § 64-92(b) is inapplicable case; and WHEREAS, the applicant states that, pursuant ZR § 64-92(c), the proposal will not alter the essential character of the neighborhood in which the dwelling located, nor impair the future use or development surrounding area in consideration of neighborhood’s potential development in accord

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