22-15-BZ CEQR #15-BSA-152K 26th APPLICANT – Simons & Wright LLC, for 219 Street, LLC, owner. SUBJECT – Application February 5, 2015 – Variance (72-21) to proposed to construct a residential building on a small lot at premises, located in an M1-1D zoning district, contrary to (Section 42-00) not permitted as of right. 26th Street, Block 655, PREMISES AFFECTED – 219 Lot 55, Borough of Brooklyn. COMMUNITY BOARD #7BK ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda and Commissioner Ottley-Brown.........................................3 Negative: .....................................................................0 Abstain: Commissioner Sheta ………………………...1 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated January 9, 2015, acting on DOB Application No. 320968805, reads in pertinent part: The proposed construction of a building with residential use is not permitted as-of-right in a M1-1D zoning district and is contrary to Section 42-00 (use) of the Zoning Resolution . . . WHEREAS, this is an application under ZR § 72- 21 to permit, on a site located in an M1-1D zoning district, the development of a three-story plus cellar three unit residential building, contrary to ZR § 42-00; and WHEREAS, a public hearing was held on this application on September 27, 2016, after due notice by publication in The City Record, with continued hearings on January 10, 2017, and March 28, 2017, and then to decision on December 5, 2017; and WHEREAS, Vice-Chair Chanda, Commissioner Ottley-Brown, former Vice-Chair Hinkson and former Commissioner Montanez performed inspections of the site and the surrounding neighborhood; and WHEREAS, Community Board 7, Brooklyn, recommends approval of this application, stating that, though the Board is typically very protective of its manufacturing zones, Board Members believed that this site was appropriate for a variance because of its previous residential use and similar non-conforming properties on the block; and WHEREAS, the Board was also in receipt of five form consents to the application and four form objections to the application; and WHEREAS, the subject site is located on the north side of 26th Street, between Fourth Avenue and Fifth Avenue, in an M1-1D zoning district, in Brooklyn; and WHEREAS, the site has approximately 26 feet of 22-15-BZ CEQR #15-BSA-152K one or more adjacent lots, thereby distinguishing them from the subject site, which has not been held in common ownership with any adjoining lot since at least 1985, when Lot 56 was sold to the owner of Lot 57, located immediately to its west; and WHEREAS, accordingly, the Board finds that the small size and shallowness of the subject site are unique physical conditions that create unnecessary hardship and practical difficulty in developing the site in conformance with the applicable zoning regulations; and WHEREAS, in satisfaction of the (b) finding, the applicant submits that there is no reasonable possibility that a conforming development at the subject site will bring a reasonable return and, in support of that contention, submitted a financial analysis for (1) a one story industrial building across Lots 55 and 56 having 3,082 square feet of floor area; (2) a one-story industrial building on the subject lot only, having 1,603 square feet of floor area; (3) a three-story residential building with 2,639 square feet of floor area and three one- bedroom units (the “Lesser Variance”); and (4) the subject proposal, which was evaluated assuming three two-bedroom units; and WHEREAS, the Lesser Variance was developed to be consistent with the bulk parameters set forth in ZR § 43-61, which apply to any development authorized by the City Planning Commission pursuant to ZR § 42-47 (Residential Uses in M1-1D through M1-5D Districts); and WHEREAS, the financial analyses submitted with the application conclude that only the subject proposal would generate a re

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