2019-33-BZ CEQR #19-BSA-091Q APPLICANT – NYC Mayor’s Office of Housing Recovery Operations, for Project Rebuild Inc., owner. SUBJECT – Application February 15, 2019 – Special Permit (§64-92) to waive bulk requirements for the reconstruction of homes damaged/destroyed by Hurricane Sandy for a property registered in the NYC Build it Back Program. Waiver of minimum required front yard (ZR 23-45) side yard (ZR 23-461, ZR 23- 48). R4 zoning district. PREMISES AFFECTED – 423 Beach 43 Street, Block 15965, Lot 108, Borough of Queens. COMMUNITY BOARD #14Q 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 legalize, on a site within an R4 zoning district, the relocation and construction of a two- (2) family detached home 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, 23- 48 and 23-461(a); and WHEREAS, a public hearing was held on this application on March 5, 2019, and then to decision on the same date; and WHEREAS, this application is brought on behalf of the property owner by the Build it Back Project Relocation-Rebuild Program, which was created to assist New York City residents affected by Superstorm Sandy; and WHEREAS, in furtherance of the City’s effort to rebuilt 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 west side of Beach 43rd, between Edgemere Drive and Beach Channel Drive, in an R4 zoning district, in 2019-33-BZ CEQR #19-BSA-091Q WHEREAS, specifically, the subject site has a front yard with a depth of 15 feet and two (2) side yards with widths of three (3) feet each (six (6) feet of total side yards), but, at the subject site, a minimum front yard depth of ten (10) feet or (18) feet is required pursuant to ZR § 23-45, and two (2) side yards, each with a width of at least 5 feet and with a combined minimum width of 13 feet, are required pursuant to ZR § 23-461(a); and WHEREAS, pursuant to ZR § 23-48, the required total width of side yards for a two- (2) family detached residence may be reduced by four (4) inches per foot by which the width of a zoning lot is less than that required pursuant to ZR § 23-32 (Minimum Lot Area or Lot Width for Residences) if such zoning lot is both (a) less than the prescribed minimum lot width and (b) was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit; in no event shall the required width of a side yard be less than five (5) feet; and WHEREAS, pursuant to ZR § 23-32, the minimum lot width for a two- (2) family detached residence in an R4 zoning district is 40 feet and the subject site has a width of 25 feet; and WHEREAS, pursuant to ZR § 23-33 (Special Provisions for Development of Existing Small Lots), a two- (2) family residence may be developed on a zoning lot that has less than the prescribed minimum lot width if the zoning lot was owned separately and i

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