Note.—This resolution publication in the Bulletin. typographical or other before the Bulletin is BOARD MEETING OF: CALENDAR NO.: PREMISES: ACTION OF BOARD THE VOTE — Affirmative: Chair Commissioner Commissioner Negative: THE RESOLUTION — The decision of the 23, 2020, acting on New 520378314, 520378305, 520376815, 520376806, 520376762, 520376753, 520376708, 520378332, 520378378, 520378387, 520378458, 520378467, “1. ZR 32-00: Residences on Equivalent) zoning Zoning Resolution. 2. ZR 23-631, The proposed ZR 23-631, does Section ZR 25-23, buildings pursuant requirements 23-532(A) and This is an application permit, within a C3A 2019-225-BZ single- and two-family the zoning requirements parking spaces (Z.R. (Z.R. § 23-711), and 532). A public hearing after due notice by publication on January 11, 2021. Community Board this application. Specifically, the proposed variance would disturb the neighborhood required hardship findings testimony in opposition Borough President and proposed variance would a rezoning of the area. this application from concerns regarding damage disturbance to the neighborhood letters in opposition concerns that the proposed the neighborhood, demands, increased noise life. The Board received The Premises are Avenue to the west, Avenue to the east. Tennyson Drive, 468 frontage along Fitzgerald Avenue, and 177,791 vacant. The Board has September 28, 1999, grated an application, within the bed of mapped letter, permitted an three, and a reduction in the bed of the mapped feet. On February 14, lot 70, the Board granted three-story, 87-unit spaces, contrary to use and parking regulations work substantially conform filed with the application; building: three stories, (0.597 FAR), a height 2019-225-BZ as illustrated on BSA-approved limited to persons applicable provisions requirements; all other complied with for the listed on the certificate filed and approved by Declaration of Public to all portions of the Office of the County administrative certifications Commission as required (modification of topography), issuance of a building excavation, foundation, until DEC has issued not be issued for any which involves soil Declaration, the LPC of No Objection, Notice Notice of Satisfaction; for the portions related substantially completed be limited to the relief cited and filed DOB/other ensure compliance with Resolution, the Administrative under its jurisdiction to the relief granted. The applicant now two-family residential requirements for use, between buildings, Accordingly, the applicant The Zoning Resolution “vary or modify [its] observed, public safety 21. At hearing, the not demonstrated a unique nor a resulting hardship Specifically, the Board be proposed by the street on the Premises—a throughout the City which here does not presence of a mapped Premises without any applicant also fails to 2019-225-BZ right, each two-family zoning lots, how this waivers (especially parking appropriate or relate square feet of lot area, 46 dwelling units and a hardship. The applicant’s zoning lot creates zoning self-created hardship. proposed in the as of present. The applicant which is a unique hardship. mergers of lots fronting into the subject lot Tennyson Drive and Nelson Board disagreed that parking within the Premises tandem parking, could Further, in light granted to the Premises, changed since the original could justify changes analyses related to the as-of-right proposal in street to access the houses plan states it is not construction conditions they apply to all waterfront The soil conditions further different from those taken sample soil borings topographical or geological on the test borings provided, be required. The applicant connections as it relates however, it is a general development where development. The Board underdeveloped and potential development, and development along By letter dated withdraw the application Therefore, it is Resolved, Adopted by the Board 2019-225-BZ This the Board
2019-252-BZ
Variance (§72-21) to permit a fifty-six (56) attached single- and two-family building contrary to ZR §34-01. C3A zoning district.
BSA Decision
Outcome
Withdrawn
Decided
2021-01-11
Applicant
—
Address
48 Fitzgerald Avenue
Full decision PDF
View PDF →ZR Sections Cited (5)
Decision Excerpt
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