2018-121-BZ CEQR #19-BSA-015K APPLICANT – NYC Mayor’s Office of Housing Recovery SUBJECT – Application July 24, 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.R4 zoning district. PREMISES AFFECTED – 24 Frank Court, Block 08900, Lot 132, Borough of Brooklyn. COMMUNITY BOARD #15BK 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 permit, in an R4 zoning district, the development of a detached three- story single-family residence in compliance with flood- resistant construction standards that does not comply with the zoning requirements for front yards, contrary to ZR § 23-45; 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 rebuild 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 east side of Frank Court, between Seba Avenue and Lois Avenue, in an R4 zoning district, in Brooklyn; and WHEREAS, the subject site has approximately 40 feet of frontage along Frank Court, 45 feet of depth, 1,800 square feet of lot area and is occupied by a detached three-story single-family residence; and WHEREAS, ZR § 64-92 provides: In order to allow for the alteration of existing buildings in compliance with flood-resistant 2018-121-BZ CEQR #19-BSA-015K WHEREAS, the applicant notes and the Board finds that the proposal does not include a request to modify the maximum permitted height in the underlying district; thus, the finding pursuant to ZR § 64-92(b) is inapplicable in this case; 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 development of the surrounding area in consideration of the neighborhood’s potential development in accordance with flood- resistant construction standards; and WHEREAS, the project is classified as a Type II action pursuant to 6 NYCRR Part 617.5; and WHEREAS, the Board has conducted a review of the proposed Type II action noted in the CEQR Checklist No. 19BSA015K, dated July 24, 2018; and WHEREAS, the Board finds that the evidence in the record supports the findings required to be made under ZR § 64-92 and that the applicant has substantiated a basis to warrant exercise of discretion. Therefore it is Resolved, that the Board of Standards and Appeals does hereby issue a Type II determination under 6 NYCRR Part 617.5 and 617.3, §§ 5-02(a) and 5-02(b)(2) of the Rules of Procedure for City Environmental Quality Review and makes each and every one of the required findings under ZR § 64-92 to permit, in an R4 zoning district, the development of a de

… (truncated, full text in PDF)