303-12-BZ APPLICANT – Eric Palatnik, P.C., for Top Develolpment Corporation, owner. SUBJECT – Application March 6, 2019 – Extension of Time to Complete Construction of a previously approved Variance (§72-21) to permit a three-story community facility building occupied as a house of worship (UG 4) which expired on May 6, 2018; Waiver of the Board’s Rules. C8-1 zoning district. PREMISES AFFECTED – 1106-1108 Utica Avenue, Block 4760, Lot 15, Borough of Brooklyn. COMMUNITY BOARD #17BK Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, and Commissioner Scibetta…………………………………………………4 Negative:……………………………………………....0 Absent: Commissioner Sheta …………..……………1 THE RESOLUTION – WHEREAS, this is an application for a waiver of the Board’s Rules of Practice and Procedure and extension of time to complete construction pursuant to a variance, granted pursuant to ZR § 72-21, which permitted the construction of a three- (3) story community facility building to be occupied as a house of worship (Use Group (“UG”) 4), and expired on May 6, 2018; and WHEREAS, a public hearing was held on this application on May 7, 2019, with a continued hearing on June 4, 2019, and then to decision on that same date; and WHEREAS, Commissioner Ottley-Brown and Commissioner Scibetta performed inspections of the subject site and surrounding neighborhood; and WHEREAS, the subject site is located on the west side of Utica Avenue, between Beverly Road and Clarendon Road, in a C8-1 zoning district, in Brooklyn; and WHEREAS, the site has approximately 160 feet of frontage along Utica Avenue, 100 feet of depth, 16,000 square feet of lot area and is currently vacant; and WHEREAS, the Board has exercised jurisdiction over the subject site May 2, 2006, when under BSA Cal. No. 289-05-BZ, the Board granted special permits, pursuant to ZR §§ 73-431 and 73-50, to allow, on a lot located in a C8-1 zoning district abutting an R4 zoning district, the proposed construction of a church with an accessory banquet hall, without the required rear yard setback from the district boundary and the required number of parking spaces, contrary to ZR §§ 33-292 and 36-21, on condition that all work substantially conform to drawings as they apply to the objection, filed with the application; there be no change in ownership, operator or control of the site without the prior consent of the Board; 27 accessory parking spaces for the church be located at 1117 Utica Avenue (Block 4761, Lot 58); there be no commercial parking at 1117 Utica Avenue; the church 303-12-BZ listed on the certificate of occupancy; the approval be limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s); the approved plans be considered approved only for the portions related to the specific relief granted; construction proceed in accordance with ZR § 72-23, by May 6, 2018; and DOB ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code, and any other relevant laws under its jurisdiction irrespective of plan(s)/configuration(s) not related to the relief granted; and WHEREAS, the time for substantial construction to have been completed having expired, the applicant seeks the subject relief; and WHEREAS, in addition, because this application was filed less than two (2) years after the expiration of the time to complete construction, the applicant requests a waiver, pursuant to § 1-14.2 of the Board’s Rules of Practice and Procedure (the “Board’s Rules”), of § 1-07.3(c)(2) of the Board’s Rules to permit the filing of this application; and WHEREAS, the applicant represents that construction has been delayed due to loan and fundraising issues, but anticipates that construction and sign-off of the subject building will be completed within approximately 16 to 24 months; and WHEREAS, based upon its review of the record, the Board

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