Note.—This resolution Bulletin. Please notify the errors so that corrections Privileged BOARD MEETING OF: CALENDAR NO.: PREMISES: ACTION OF BOARD THE VOTE — Affirmative: Chair Commissioner Commissioner Negative: THE RESOLUTION The decision of the 2019, acting on New pertinent part: “Proposed Section 23-49 in that lot line of the zoning This is an application in an R5 zoning district—the two-family residence side lot-line walls (Z.R. A public hearing 2019, after due notice continued hearings on and then to decision on Vice-Chair Chanda inspections of the Community Board application. The Premises are 31st Avenue, in an approximately 21 feet and 1,200 square feet two-story, with cellar, 1,200 square feet of floor The applicant proposes family attached residence FAR) and no side yards 8-foot side yard would Lot 121, so the applicant The Zoning Resolution “vary or modify [its] observed, public safety § 72-21. Consistent with unique physical conditions Premises’ narrow width unnecessary hardship regulations that are neighborhood or district. surveyed the immediate lots that have similarly of these lots provide applicant further finds that provide any side being situated at a corner easement. The applicant notes yard regulations, only of right—a substandard further submits that almost entirely within difficulties in complying creating a new non-compliance compliance. More specifically, allowed within the required would encounter the same Accordingly, the conditions create practical complying strictly with created by general circumstances Because the applicant applicant states and be demonstrated. The applicant submits neighborhood character, to the public welfare. provided a photographic demonstrating that residences to 45 feet with FARs immediately adjacent 31 and 39 feet with Building’s height of neighborhood character. residential buildings more dwelling units contain two or more dwelling Building’s two dwelling residential uses. Accordingly, the alter the essential character the Premises are located; use or development of to the public welfare. The applicant notes including the layout of present practical difficulties was not created by the Premises has remained not been held in common that the above practical been created by the applicant The applicant submits minimum variance necessary purposes of the Zoning applicant notes that a in a viable building because and prevent the Premises space, which the Proposed garage. Accordingly, minimum necessary the Zoning Resolution. The Board has conducted is classified as Type the CEQR Checklist Based on the foregoing, record supports the findings and that the applicant discretion. Therefore, it is Resolved, does hereby make each Z.R. § 72-21 to permit—in three-story, with cellar, with special provisions condition that all work, to drawings filed with 2020”—Fourteen (14) the maximum THAT follows: no side yards, the above THAT occupancy; a certificate THAT calendar number (“BSA within four years and state of emergency resulting from an outbreak 2025; this approval THAT response to objections the approved THAT portions related to the the Department THAT all other applicable Administrative Code, jurisdiction irrespective relief granted. Adopted by the Board This the Board
2019-48-BZ
Variance (§72-21) to permit the construction of a three-story and cellar, two-family building contrary to ZR §23-49 (Special Provisions for Side Lot Line Walls). R5 zoning district.
BSA Decision
Full decision PDF
View PDF →ZR Sections Cited (1)
Decision Excerpt
Want to dig deeper into 2019-48-BZ?
Ask Zonable about the reasoning, similar precedent cases, or how it applies elsewhere.