220-14-BZ and 221-14-BZ CEQR No. 15-BSA-063K APPLICANT – Slater & Beckerman, P.C., for Industrial Thinking, LLC, owner. SUBJECT – Application September 4, 2014 – Variance (§72-21) to permit the construction of two 3-story single family residences. M1-1 zoning district. PREMISES AFFECTED – 8 & 10 Underhill Avenue, west side of Underhill Avenue between Atlantic avenue and Pacific Street, Block 01122, Lot 37, Borough Brooklyn. COMMUNITY BOARD #8K ACTION OF THE BOARD – Application granted condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Hinkson, Commissioner Ottley-Brown, Commissioner Montanez and Commissioner Chanda..............................................5 Negative:..........................................................................0 THE RESOLUTION – WHEREAS, the decisions of the Brooklyn Borough Commissioner, dated August 13, 2014, acting on Department of Buildings Application Nos. 320853073 and 320853082, read in pertinent part: ZR 42-10 Proposed one (1) family dwelling (UG-2) in proposed zoning lot within an M1- 1 zoning district is contrary to section 42-10 of the NYC ZR and must be referred to BSA; and WHEREAS, this is an application under ZR § 21, to permit, on a site within an M1-1 zoning district the construction of a two (2) three (3) story single- family residences, contrary to ZR § 42-10; and WHEREAS, a public hearing was held on application on July 21, 2015 after due notice publication in The City Record, with a continued hearing on December 1, 2015, and then to decision January 12, 2016; and WHEREAS, Commissioner Ottley-Brown, Commissioner Montanez and Commissioner Chanda performed inspections of the subject site surrounding neighborhood; and WHEREAS, Community Board 8, Brooklyn, recommends approval of this application; and WHEREAS, the subject site has approximately feet of frontage along the west side of Underhill Avenue, between Atlantic Avenue, to the north, Pacific Street, to the south, in an M1-1 zoning district, in Brooklyn; the site has a depth of 80 feet and a lot area of 2,400 sq. ft.; and WHEREAS, the site is currently unimproved; WHEREAS, the applicant proposes to split current Lot 37 into two lots (Tentative Lot 36 and 37), each with 1,200 sq. ft. of lot area and 15 feet frontage along Underhill Avenue and then to construct two (2) three (3) story single-family residences, one each of the newly created lots; and WHEREAS, the applicant proposes that each residence will have approximately 2,400 sq. ft. of floor area (2.00 FAR) and shall be 40’-0” in height; and WHEREAS, because the proposed residential space is not permitted in the subject M1-1 zoning district, the applicant seeks the subject use variance; and 220-14-BZ and 221-14-BZ CEQR No. 15-BSA-063K primarily residential neighborhoods of Clinton Hill Prospect Heights; and WHEREAS, the applicant also notes that proposed single-family residences comply with the regulations of the adjacent R6B zoning district with exception of lot coverage; the applicant states proposal exceeds the lot coverage regulations of R6B zoning district because, in order to allow minimum floor area needed to realize a reasonable return without increasing the height of the proposed residences, the rear walls of the proposed buildings be coterminous with the rear wall of the residential building located on the lot directly to the south of subject premises; and WHEREAS, based upon the above, the Board finds that this action will not alter the essential character of the surrounding neighborhood nor impair the use or development of adjacent properties, nor it be detrimental to the public welfare; and WHEREAS, the Board finds that the hardship herein was not created by the owner or a predecessor title; and WHEREAS, the applicant represents that proposal represents the minimum variance needed allow for a reasonable and productive use of the and WHEREAS, accordingly, the Board finds that proposal is the minimum necessary to afford relief; WHEREAS, the

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