304-82-BZ APPLICANT – Bryan Cave, LLP, for Dansar, LLC, owner. SUBJECT – Application October 6, 2006 – Re-open and amend an existing variance (§72-21) granted in 1984 for the conversion of floors two through nine in a commercial building to residential use with an existing commercial (UG6) on the first and cellar floors in an M1-5M zoning district. 22nd Street, south PREMISES AFFECTED – 36 East 22nd Street, 205’ west of the corner of Park side of East 22nd, Block 850, Lot 54, Avenue, south and East Borough of Manhattan. COMMUNITY BOARD #5M APPEARANCES – For Applicant: Ivan Sconfeld. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown and Commissioner Hinkson.......................................................................4 Negative:.......................................................................0 THE RESOLUTION: WHEREAS, this is an application for a reopening and an amendment to an existing variance, to allow for the conversion of the second through ninth floor of a commercial building; and WHEREAS, a public hearing was held on this application on December 12, 2006, after due notice by publication in The City Record, and then to decision on January 9, 2007; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board, consisting of Chair Srinivasan and Commissioner Ottley-Brown; and WHEREAS, Community Board 5, Manhattan, recommends disapproval of this application, contending that any hardship arising from the vacancy of the commercial building was self-created, due to a failure to maintain the building; and WHEREAS, the subject tax lot (Lot 54) is located 22nd on the south side of East Street between Park Avenue South and Broadway, and has a lot area of 2,592 sq. ft.; and WHEREAS, the subject tax lot is occupied by a nine-story, 118’-0” high commercial building, with retail use on the ground floor and offices on the ninth floor, a floor area of 20,701 sq. ft., a Floor Area Ratio of 8.1, and a rear yard of 6’-3”; and WHEREAS, Lot 54 is part of a larger zoning lot, also comprised of Lots 44, 55, and 28; and WHEREAS, the zoning lot is partially within a C6- 4A zoning district and partially within a M1-5M zoning district, though the subject tax lot is entirely within the M1-5M district; and 304-82-BZ design, and were located in comparable zoning districts; and WHEREAS, the applicant also states that the owner attempted to market the building but was unsuccessful; the building is now nearly vacant; and WHEREAS, at the request of the Board, the applicant submitted documentation of the marketing attempts; the marketing consisted of print advertisements and listings with commercial brokers; and WHEREAS, the applicant states that the addition of eight new residential units would not negatively impact the established mixed-use character of the neighborhood, with many residential buildings in immediate proximity to the subject building; and WHEREAS, finally, the applicant notes that the requested conversion would allow the owner to realize a reasonable return from the subject building itself, and is also required in order to achieve the contemplated return over the entire zoning lot, which, as noted above, contemplated continued revenue from full commercial occupancy of the building; and WHEREAS, accordingly, the Board finds that the proposed conversion comports with its prior grant; and WHEREAS, the Board notes in passing that the proposed conversion of the building is allowed in the M1- 5M zoning district through an action of the City Planning Commission pursuant to Article I, Chapter V of the ZR and ZR § 74-782, upon a showing of a good faith marketing efforts for a specific time period and a showing that the change in use will not impact industrial users, existing tenants or the surrounding neighborhood; and WHEREAS, however, since the site is under the jurisdiction of

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