2018-33-BZ CEQR #18-BSA-106Q APPLICANT – Arthur Yellin, for Luisa E. Benedy, owner. SUBJECT – Application March 5, 2018 (§72-21) to permit the construction of a home contrary to ZR §22-00 (building with yards); ZR §23-32 (required minimum lot area for residences); ZR §23-461(a) (side yards); 142 (open space and FAR) and ZR §25-22(a) R4-1 zoning district. 97th PREMISES AFFECTED – 31-41 Street, 1409, Lot 48, Borough of Queens. COMMUNITY BOARD #3Q Application ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley Brown, Commissioner Absent: Commissioner Sheta……………………...……1 Negative:…………………….………………...…….….0 THE RESOLUTION – WHEREAS, the decision of the Department Buildings (“DOB”), dated February 27, 2018, DOB Application No. 420663071, reads part: 1. ZR 22-00 Non - Permitted Use Applicant proposes a building with side yards in Zoning District only detached or zero lot line buildings are permitted as of right in this district; 2. ZR 23-32 Min. Lot Area or Width Residences. This lot does not with minimum required area or width detached or zero lot line buildings; 3. ZR 23-461(a) Side Yards For Single Two Family Residences. One side is required for a detached or zero building in R4-1 district; none provided; [. . .]1 5. ZR 25-22(a) Requirements Individual Parking Facilities Provided. Two parking spaces building are required in predominantly built-up areas of this district - only is provided; and WHEREAS, this is an application under 21 to permit, within an R4-1 zoning district, construction of a two- (2) story plus cellar family attached residence that does not comply underlying zoning regulations pertaining to building typology, minimum lot area and lot yards and accessory parking in the subject district, contrary to ZR §§ 22-00, 23-32, 25-22(a); and 1 The applicant received an objection, under 142, for floor area. Over the course of hearings, proposal was revised to provide a complying thus, the applicant no longer required a waiver section. 2018-33-BZ CEQR #18-BSA-106Q WHEREAS, the applicant submits that 20-foot wide zoning lot cannot accommodate conforming residential building and, with the foot side yard requirement and exterior wall would result in a dwelling with approximately feet of usable interior width; and WHEREAS, in light of the foregoing, finds that the status of the subject site’s width, small lot size, vacancy and history of use create unnecessary hardship and practical in developing the site in strict compliance with provisions of the Zoning Resolution; and WHEREAS, the applicant submits that the subject lot’s unique physical conditions, reasonable possibility that compliance with zoning regulations will result in a habitable family detached or semi-detached dwelling; WHEREAS, the applicant states that proposal will not alter the essential character neighborhood, will not substantially appropriate use or development of adjacent and will not be detrimental to the public submits that, on the subject block, there buildings with a front wall width of less than and, within 400 feet of the subject site and R4-1 zoning district, 84 single- and two- residences out of the 104 total such residences Study Area (81 percent) have widths of 20 feet and WHEREAS, over the course of hearings, Board raised concern regarding the floor perimeter wall height of the proposed building requested that the applicant reduce them to the underlying R4-1 zoning district regulations; WHEREAS, in response, the applicant proposal to provide complying floor area and the height of the building to 25 feet to comply underlying zoning regulations; and WHEREAS, accordingly, the Board finds subject proposal will not alter the essential the neighborhood nor impair the use or development adjacent properties, nor will it be detrimental public welfare; and WHEREAS, the applicant submits that 1975 and 1980, the City of New York acquired subject site and adjoining tax lot 49, then ownership, and subse

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