2018-93-BZ CEQR #18-BSA-138K APPLICANT – NYC Mayor's Office of Housing Recovery Operations (HRO) SUBJECT – Application May 22, 2018 – Special Permit (§64-92) to waive bulk requirements for the reconstruction of a home damaged/destroyed by Hurricane Sandy for a property registered in the NYC Build it Back Program. Waiver of the minimum required front yard regulations of ZR 23-45 and ZR 64- A351, waiver of the minimum required side yard regulations of ZR 23-461 and ZR 64-A352. R4 zoning district. PREMISES AFFECTED – 7 Bevy Court, Between Everett Avenue and Florence Avenue. Block 8925, Lot 266. Borough of Brooklyn. COMMUNITY BOARD #15M ACTION OF THE BOARD – Application granted on 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 single-family residence in compliance with flood- resistant construction standards that does not comply with the zoning requirements for front yards and side yards, contrary to ZR §§ 23-45- and 23-461; 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 south side of Bevy Court, between Florence Avenue and Everett Avenue, in an R4 zoning district, in Brooklyn; and WHEREAS, the subject site has approximately 34 2018-93-BZ CEQR #18-BSA-138K least 10 feet is required pursuant to ZR § 23-45 and side yards with a total width of at least 13 feet, each with a width of at least 5 feet, are required pursuant to ZR § 23-461; and WHEREAS, in accordance with ZR § 64-92(a), the need to reconstruct the existing residence creates practical difficulties in complying with flood-resistant construction standards without the modification of the requirements for front yards and side yards, and waiving the same is the minimum necessary to allow for a building compliant with flood-resistant construction standards; and WHEREAS, the applicant notes that shifting of the residence on the lot during construction resulted in deviations of 0.1 feet to the right and 1.2 feet forward on the lot, creating the proposed yard conditions; and 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 applicant states that the neighborhood is c

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