358-05-BZ CEQR #06-BSA-042R APPLICANT – Sheldon Lobel, P.C., for 434 Port Richmond Avenue, LLC, owner. SUBJECT – Application December 15, 2005 variance pursuant to Section 72-21 to allow commercial use (open accessory parking for an R3A zoned portion of the zoning lot (split C8-1 and R3A zoning districts). PREMISES AFFECTED – 438 Port Richmond northwest corner of Port Richmond Avenue Avenue, Block 1101, Lot 62, Borough of Staten COMMUNITY BOARD #1SI APPEARANCES – For Applicant: Richard Lobel. ACTION OF THE BOARD – Application condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice-Chair Commissioner Collins..................................................3 Negative:.......................................................................0 THE RESOLUTION: WHEREAS, the decision of the Staten Borough Commissioner, dated November 9, on Department of Buildings Application No. reads, in pertinent part: “Term of variance under BSA calendar BZ has expired and is referred to the Standards and Appeals for Consideration. 11-411]”; and WHEREAS, this is an application under 21, to permit, on a site partially within an district and partially within an C8-1 zoning district has previously been before the Board, a proposed use (UG 6) with accessory parking, which is ZR § 22-00; and WHEREAS, a public hearing was held application on June 20, 2006, after due publication in the City Record, and then to July 25, 2006; and WHEREAS, the premises and surrounding a site and neighborhood examination by a committee the Board, consisting of Chair Srinivasan Commissioner Collins; and WHEREAS, Board 1, Staten Island, recommends approval application; and WHEREAS, the subject premises is located southwest corner of Port Richmond Avenue Avenue; and WHEREAS, as noted above, the partially within a C8-1 zoning district and partially an R3A zoning district; the R3A zoning district approximately 100 ft. from the Port Richmond street line and fronts Burden Avenue; and WHEREAS, the total lot area over the 17,759 sq. ft., with approximately 12,589.4 sq. the C8-1 district; and 358-05-BZ CEQR #06-BSA-042R between C8-1 and R3A zoning districts, where uses in each district are prohibited in the other the site is irregularly shaped, and (3) the historic site; and WHEREAS, as to the zoning district boundary, applicant represents that although there are within the area that share this condition, none large of a percentage of their lot area within the district; and WHEREAS, the applicant submitted a 400 map that supports this assertion; and WHEREAS, the Board agrees that no other within the 400 ft. radius have as large of a portion the residential district as the subject site; and WHEREAS, additionally, the applicant that development on the R3A portion of the site by its trapezoidal shape, which varies 23.5 feet from the front to the rear of the lot; and WHEREAS, the Board notes that the development site – an “L” shape - is unusual, compromises conforming development over site; and WHEREAS, finally, the Board notes that 60-year history of commercial use at the site, prior uses, including a motor vehicle showroom automotive repair shop, were more offensive proposed retail use; and WHEREAS, additionally, the Board notes use is as of right in the C8-1 zoning district; WHEREAS, accordingly, the Board certain of the aforementioned unique physical namely, the existence of the district boundary, unusual shape, and the history of UG 16 uses when considered in the aggregate, create hardship and practical difficulty in developing conformance with the applicable zoning regulations; WHEREAS, the applicant submitted study that analyzed an as of right residential scenario, with the residentially zoned portion being developed with a two-family dwelling; WHEREAS, the applicant concluded that right scenario would generate a negative return, costs related to the above-stated unique conditions; and WHEREAS, based upon its review applicant’s feasibility study, the Board has determined

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