208-03-BZ APPLICANT – Eric Palatnik, P.C., for LLC, owner. SUBJECT – Application October 19, 2018 of Term and Amendment of a previously Variance (§72-21) which permitted an enlargement one-story commercial building to a commercial building, occupied as a catering Group 9) which expires on October 19, 2019. and C1-2/R4 Special Ocean Parkway Special PREMISES AFFECTED – 2555 Shell Road, 7192, Lot 74, Borough of Brooklyn. COMMUNITY BOARD #15BK Application ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Commissioner Scibetta……………………………..…5 Negative:………………………………………………0 THE RESOLUTION – WHEREAS, this is an application for the Board’s Rules of Practice and Procedure, extension of the term of a variance previously by the Board, which will expire on October and an extension of time to obtain a certificate occupancy, which expired on April 13, 2011; WHEREAS, a public hearing was held application on April 23, 2019, after due publication in The City Record, with a hearing on April 30, 2019, and then to decision same date; and WHEREAS, Commissioner Ottley-Brown performed an inspection of the subject surrounding neighborhood; and WHEREAS, Community Board 15, recommends approval of this application; WHEREAS, the subject site is located side of Shell Road, between Avenue X Court, partially within an M1-1 zoning partially within an R4 (C1-2) zoning district, Special Ocean Parkway Special District, in and WHEREAS, the site has approximately of frontage along Shell Road, between 153 of depth, 5,507 square feet of lot area and by a two- (2) story Use Group (“UG”) 9 catering and WHEREAS, the Board has exercised over the subject site since October 19, 2004, under the subject calendar number, the Board variance, pursuant to ZR § 72-21, to legalize enlargement of a one- (1) story commercial a two- (2) story commercial building, occupied catering hall (Use Group 9) which does with underlying district regulations applicable area ratio (“FAR”), rear yard, and parking, ZR §§ 33-121, 33-292, 36-21, 43-12, 43-26, on condition that any and all work substantially conform to drawings as they apply to the filed with the application; the term of the for five (5) years, to expire on October 19, parking be provided for patrons of the establishment for the duration of the variance, renewal of the grant contain this condition; 208-03-BZ the filing of this application more than 30 days expiration of time to obtain a certificate of and WHEREAS, the applicant also amendment to permit interior alterations to the and WHEREAS, the applicant represents interior alterations do not create any compliances nor increase the degree of compliances, the catering hall continues to operate from 11:00 a.m. to 10:00 p.m. and remains 1:00 a.m. on nights when there is an event at WHEREAS, at hearing, the Board raised regarding the owner’s ability to continue to the condition that a minimum of 80 off-site spaces be provided for patrons of the establishment for the duration of the variance parking be located no further than 600 feet site; and WHEREAS, in response, the applicant parking space rental agreement, entered into 25, 2019, for the use of 80 parking spaces 2569 Shell Road, Brooklyn, to continue catering hall use at the subject site ceases; WHEREAS, by letter dated April 22, Fire Department stated that the premises have outstanding violation orders issued by the Inspection Unit (“FAIU”) and Licensed Public Assembly Unit (“LPPA”) for failure to maintain alarm system; the first violation order was October 21, 2015, and remains outstanding; subsequently, two (2) additional violation issued on May 18, 2018, and February 7, FAIU for failure to restore the fire alarm and with the Letter of Defect issued March 23, that the Fire Department requests that the not render a decision on the application until is heard from the applicant as to when the orders will be complied with; and WHEREAS, by letter dated

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