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 26, 2020, acting on DOB reads in pertinent part: “ZR 12-10, ZR purpose in cellar ratio; BB 2012-008: shall be included MDL sec. 216(2)a, MDL sec. 34 cellar does not HMC 27-2085: from [Board] This application under Z.R. §§ 73-621 building containing existing on December superintendent’s apartment comply with zoning regulations an application pursuant and New York State vary MDL and Housing pertaining to required 2085(a)), required ceiling § 216(2)(b) and HMC § 216(3)(e)), and required A public hearing after due notice by publication hearing on September 2021. Community Board application. The Premises are between Third Avenue zoning district and partially Manhattan. With approximately Street, 102 feet of depth, are occupied by an existing Group 2 residential building feet of floor area (10.2 The applicant proposes at the cellar level by floor area, which would or 10.25 FAR, which exceeds zoning district. The occur in the existing space, and will not increase Thus, the applicant permit the enlargement. would provide a minimum required pursuant to ceiling height in relation required by MDL § 216(2)(b) 2" rear yard, where 60 a required window opening 2", contrary to HMC appeal pursuant to Charter As a threshold matter, exist in a zoning district improved with an existing and submits certificates Premises were constructed The applicant states Z.R. § 73-621 in that floor area ratio permitted FAR) by more than 10 which is characterized 15.48, and will have and air in the neighborhood existing building and Based upon its Premises and surrounding proposed building as the neighborhood or nor impair the future Board finds that, under hazard or disadvantage modification of bulk regulations derived by the community quiet, light and air in bulk regulations will improvement project. supports the findings 03. Because the proposed HMC and MDL provisions § 216(2)(a) and HMC to curb elevations (MDL rear yard (MDL § 216(3)(e)), § 27-2085(d)), the applicant § 666(7) and MDL § 310(2)(a) The Board notes § 666(7), to vary or modify any law relating to equipment, alteration may grant a modification (1) there are practical of carrying out the strict be observed; (3) public done; and (5) if the limited to the extent provided for in it. Additionally, the authority to vary multiple dwellings that Board determines that cause practical difficulties spirit and intent of the welfare are preserved, The applicant represents the HMC and MDL prevents family by the addition superintendent’s apartment. enlarge the existing one-bedroom a practical difficulty and that the requested waivers while the proposed requirements of the MDL requirement that habitable of 8' and observes the Over the course life in the proposed cellar and amount of light apartment; specifically, one-story roofed portion In response, the applicant determining that the require replacement Code requirements. The structure needs to be 30" by 30", and may provided in the roof assembly could be maintained Based on the foregoing, findings required to supports the findings MDL § 310(2)(a), and warrant exercise of discretion. Therefore, it is Resolved, does hereby make each Z.R. §§ 73-621 and 73-03, to permit the 390 superintendent’s apartment that does not comply 152), and MDL and HMC height (MDL § 216(2)(a) height in relation to 2085(b)(2)), required openings (HMC § 27-2085(d)); conditions shall conform “November 23, 2021”—Eighteen if the entire THAT shall be installed, measuring the above THAT occupancy; a certificate THAT calendar number (“BSA obtained within four this approval THAT response to objections the approved THAT the portions related to the Department THAT all other applicable Administrative Code, jurisdiction irrespective relief granted

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