22-04-BZ CEQR #04-BSA-126X APPLICANT - Sheldon Lobel, P.C., for 2556 Miftar Corp., owner. SUBJECT - Application February 9, 2004 - under Z.R. §72-21 to permit the proposed construction of a six-story garage, plus a cellar and sub-cellar, to be occupied as an enclosed fully attended commercial parking facility, Use Group 8C, located in an R7-1 zoning district, is contrary to Z.R. §22-00. PREMISES AFFECTED - 2556 Briggs Avenue, fronting on Briggs Avenue, Poe Place and Coles Lane, Block 3293, Lots 21 and 90, Borough of The Bronx. COMMUNITY BOARD #7BX APPEARANCES - For Applicant: Elysa Hwu. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO REOPEN HEARING - Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Miele and Commissioner Chin..........4 Negative:....................................................................0 THE VOTE TO CLOSE HEARING - Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Miele and Commissioner Chin..........4 Negative:....................................................................0 THE VOTE TO GRANT - Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Miele and Commissioner Chin..........4 Negative:....................................................................0 THE RESOLUTION - WHEREAS, the decision of the Borough Commissioner, dated January 9, 2004, acting on Department of Buildings Application No. 200759508, reads: “Proposed construction of a parking garage (Use Group 8C) in an R7-1 zoning district is contrary to section 22-00 Z.R.”; and WHEREAS, a public hearing was held on this application on September 28, 2004 after due notice by publication in the City Record, with continued hearings on December 7, 2004 and January 25, 2005, and then to decision on March 1, 2005; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board, consisting of Chair Srinivasan, Vice-Chair Babbar, Commissioner Miele and Commissioner Chin; and WHEREAS, both Community Board 7, Bronx, and the Bronx Borough President recommend approval of this application; and WHEREAS, this is an application under Z.R. § 72-21 to permit, in an R7-1 zoning district, the construction of a four-story parking garage, contrary to Z.R. § 22-00; and WHEREAS, the subject premises consists of two pre-existing lots, lot 21 and lot 90; lot 21 fronts on Briggs Avenue and lot 90 fronts on two unmapped streets, Poe Place and Coles Lane; and 22-04-BZ CEQR #04-BSA-126X WHEREAS, accordingly, the Board finds that two of the unique conditions mentioned above, namely, the site’s slope and lot 90’s lack of frontage on a mapped street, create practical difficulties and unnecessary hardships in developing the site in strict conformity with applicable zoning regulations; and WHEREAS, the applicant has submitted a feasibility study that demonstrates that none of the following as-of-right proposals, if developed on the subject site, would result in a reasonable return: a 36- unit apartment building; a seven-story community facility building; a mixed-use community facility and residential building; or a 36-unit apartment building with a residential parking lot; and WHEREAS, based upon its review of the record, the Board has determined that because of the subject lot’s unique physical conditions, there is no reasonable possibility that development in strict conformance with zoning will provide a reasonable return; and WHEREAS, the applicant states that the immediate neighborhood surrounding the site is a heavily-trafficked mixed-use district, with residential and commercial uses; and WHEREAS, the applicant also notes that the site borders a C4-4 zoning district where the proposed commercial parking garage would be permitted as-of-right; and WHEREAS, the Board has reviewed the submitted land use map and has conducted a site and neighborhood examination, and agrees that there are many commercial uses in the area near the site, especially on the Briggs A

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