289-05-BZ CEQR #06-BSA-018BK APPLICANT – Eric Palatnik, P.C., for Tabernacle of Praise, owner. SUBJECT – Application September 19, 2005 – Under Z.R. §73-50 – to waive Z.R. §33-292 – waiving the require 30 foot open area at the rear of premises. PREMISES AFFECTED – 1106-1108 Utica Avenue, between Beverly and Clarendon Roads, Block 4760, Lot 15, Borough of Brooklyn. COMMUNITY BOARD #17BK APPEARANCES – For Applicant: Eric Palatnik. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT– Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Chin and Commissioner Collins............4 Negative:.......................................................................0 THE RESOLUTION - WHEREAS, the decision of the Brooklyn Borough Commissioner, dated March 10, 2006, acting on Department of Buildings Application No. 301441483 reads, in pertinent part: “Amendment filed to obtain approval to expand the entire building footprint to occupy the site which is contrary to ZR Section 33- 292, and this requires [a] special permit pursuant to Section 73-50 . . . another special permit is sought pursuant to Section 73-431 with regards to the parking requirement. This is contrary to Section 36-21.”; and WHEREAS a public hearing was held on this application on February 28, 2006 after due notice by publication in The City Record, with a continued hearing on April 4, 2006, and then to decision on May 2, 2006; and WHEREAS, this application is brought on behalf of Tabernacle of Praise (hereinafter, the “Church”), a not-for- profit entity; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board, including Chair Srinivasan and Commissioner Collins; and WHEREAS, Community Board 17, Brooklyn recommended approval of this application; and WHEREAS, this is an application under ZR §§ 73-03, 73-431, and 73-50, to permit on a lot in a C8-1 zoning district abutting an R4 zoning district, the proposed construction of a church with an accessory banquet hall, without both the required rear yard setback from the district boundary and the required number of parking spaces, contrary to ZR §§ 33-292 and 36-21; and WHEREAS, the subject site is a 16,000 sq. ft. lot, situated on the western side of Utica Avenue between Beverly and Clarendon Roads; and 289-05-BZ CEQR #06-BSA-018BK this rear setback, the building’s encroachment into the 30-foot rear yard is for 30 feet at the full first and second stories and a small portion of the third story, and 20 feet for the majority of the third floor, or that portion above the height of 29 feet 5 inches; and WHEREAS, the Board also notes: (1) that church use is allowed in residential districts and that if this church were in an R4 zoning district, it would have been able to extend the first-story of the building into the rear yard for 23 feet, and (2) the previous commercial building on the subject site extended into the rear yard prior to its recent demolition; and WHEREAS, based upon the above, the Board finds that the rear yard waiver will not have an adverse affect on the surrounding area; and WHEREAS, as to the parking, ZR § 36-21 requires that one parking space be provided for every 15 persons of the rated capacity for the “facility’s largest room of assembly”; and WHEREAS, the largest room of assembly has a capacity of 1,230 people, thus, 82 parking spaces are required; and WHEREAS, pursuant to ZR § 73-431, the Board may grant a waiver of parking requirements for houses of worship upon determining that (1) it will be operated or utilized in such a manner as to reduce demand for onsite parking and (2) such reduction is commensurate with the reduced demand for onsite parking; and WHEREAS, in reaching this determination, the Board may consider factors such as: the size of the congregation, the frequency and time of worship services and other events, and the proximity of public transportation; and WHEREAS, the applicant has submitted evidence that

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