234-15-BZ APPLICANT – Sarah Tadros Awad, for Nawal Tosson, owner. SUBJECT – Application October 7, 2015 – Special Permit (§73-622) to permit the legalization of an enlargement and the conversion to a two family home of an existing single-family, semi-detached residential building contrary to floor area ZR 23-141 and perimeter wall height 23-631(b). R4-1 zoning district. 67th Street, Block PREMISES AFFECTED – 1223 5760, Lot 70, Borough of Brooklyn. COMMUNITY BOARD #10BK ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Sheta…………………………………………………4 Negative: .....................................................................0 Abstain: Commissioner Scibetta..................................1 THE RESOLUTION – WHEREAS, the decision of the Brooklyn Borough Commissioner, dated September 27, 2016, acting on Department of Buildings (“DOB”) Application No. 302309605 reads in pertinent part: Alteration 302309605 Type 1 for premises located at 1223 67 street Brooklyn, NY 11219, Block 5760 Lot 70 Community Board 10 in R5 ZD was filed on 3/21/2007 The zoning District was changed after filing on 7/2/5/2007 from R5 to R4-1 The Application was approved on 11/29/2007 and permit was issued on 4/11/2008 On 6/5/2013 after 5 years from obtaining the permit, it was discovered that the zoning District was changed from R5 to R4-1 ZD on 7/25/2007 after filing the Application and before obtaining approval and permit. The Application consequently was revoked on 6/5/2013. After all work almost completed. An Application has been filed with the BSA under calendar number 234-15-BZ for the modification of Bulk Regulations as per Sec 73-60, Sec 73-62, and Sec 73-622 of the Zoning Resolution to permit an enlargement of a single or two family detached or semi detached Residence in R4-1 ZD, in community Board 10, Brooklyn NY in order to rescind the approval and permit revocation. [One] waiver[] [is] being sought in this application; Floor area (ZR 23-141) . . . .; and WHEREAS, the Board notes that since the filing of this application, the Zoning Resolution has been amended and the text formerly found in ZR § 23-141, setting forth the maximum floor area regulations in an R4-1 zoning district, is now found in ZR § 23-142; thus, the Board treats the citation to ZR § 23-141 in DOB’s objection as a citation to ZR § 23-142; and 234-15-BZ 2016, only the following applications, Board of Standards and Appeals Calendar numbers 2016-4218-BZ, 234- 15-BZ and 2016-4163-BZ, may be granted a special permit pursuant to this Section. In addition, the provisions of Section 73-70 (LAPSE of PERMIT) and paragraph (f) of Section 73-03 (General Findings Required for All Special Permit Uses and Modifications), shall not apply to such applications and such special permit shall automatically lapse and shall not be renewed if substantial construction, in compliance with the approved plans for which the special permit was granted, has not been completed within two years from the effective date of issuance of such special permit. Such enlargement may create a new non- compliance, or increase the amount or degree of any existing non-compliance, with the applicable bulk regulations for lot coverage, open space, floor area, side yard, rear yard or perimeter wall height regulations, provided that: (1) any enlargement within a side yard shall be limited to an enlargement within an existing non-complying side yard and such enlargement shall not result in a decrease in the existing minimum width of open area between the building that is being enlarged and the side lot line; (2) any enlargement that is located in a rear yard is not located within 20 feet of the rear lot line; and (3) any enlargement resulting in a non- complying perimeter wall height shall only be permitted in R2X, R3, R4, R4A and R4-1 Districts, and only where the enlarged building is adjacent to a single- or two-fam

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