WHEREAS, *CORRECTION Old Fulton 61’-10”, and The resolution adopted on November 27, 2012, WHEREAS, under Calendar No. 5-11-BZ and printed in Volume exception 97, Bulletin No. 49, is hereby corrected to read as formerly utilized follows: building at WHEREAS, 5-11-BZ existing building CEQR #11-BSA-052K residential/commercial APPLICANT – Akerman Senterfitt, LLP, for Dumbo and three Development, LLC, owner. WHEREAS, SUBJECT – Application January 14, 2011 – Variance floor area (§72-21) to allow for a new five-story residential area of 3,320 development, contrary to use regulations (§42-00). of 1,255 sq. M2-1 zoning district. depth of 16’-0”, PREMISES AFFECTED – 9 Old Fulton Street, WHEREAS, northeasterly side of Old Fulton Street, Block 35, Lot commercial 10, Borough of Brooklyn. WHEREAS, COMMUNITY BOARD #2BK retail use ACTION OF THE BOARD – Application granted on WHEREAS, condition. occupied THE VOTE TO GRANT – and fifth Affirmative: Chair Srinivasan, Vice Chair Collins, duplex unit Commissioner Ottley-Brown, Commissioner Hinkson floor; and and Commissioner Montanez ..........................................5 WHEREAS, Negative:...........................................................................0 permitted THE RESOLUTION – the subject WHEREAS, the decision of the Brooklyn Borough WHEREAS, Commissioner, dated November 13, 2011, acting on are unique Department of Buildings Application No. 320146445, unnecessary reads, in pertinent part: conformance BSA Special Permit required for residential is undersized, use in an M2-1 manufacturing district as per depth; and ZR 42-10; and WHEREAS, WHEREAS, this is an application under ZR § 72- that the site 21, to permit, in an M2-1 zoning district within the Fulton between 60’-11” Ferry Historic District, the construction of a five-story deep on the mixed-use residential/commercial building with ground interior lot floor retail use and residential use above, which is WHEREAS, contrary to ZR § 42-10; and shallow depth WHEREAS, a public hearing was held on this depth of only application on August 21, 2012, after due notice by rear yard publication in the City Record, with a continued hearing narrow width on October 16, 2012, and then to decision on November inefficient 27, 2012; and WHEREAS, WHEREAS, the premises and surrounding area had the size site and neighborhood examinations by Chair Srinivasan, appropriate Commissioner Hinkson, Commissioner Montanez, and use; and Commissioner Ottley-Brown; and WHEREAS, WHEREAS, Community Board 2, Brooklyn, the narrowness recommends approval of this application; and provision WHEREAS, New York City Council Member and other Stephen T. Levin recommends approval of this industrial application; and WHEREAS, WHEREAS, a member of the community provided applicant testimony in opposition to the application (the reflects that “Opposition”), citing concerns with the proposed height the surrounding of the building; and WHEREAS, WHEREAS, the site is located on the north side of most similarly Old Fulton Street, between Front Street and Water Street, block are in an M2-1 zoning district within the Fulton Ferry to the subject Historic District; and use; and 5-11-BZ WHEREAS, CEQR #11-BSA-052K about the four-story mixed-use buildings almost identical in both of 16’-0” appearance and bulk to the proposed building; and WHEREAS, WHEREAS, the applicant further represents that although the only other interior zoning lots with comparable minimum shallowness are located across Old Fulton Street on manufacturing Block 200 (Lots 11, 15, and 17), all of which are calculated occupied by one- or two-story dwellings, which are an M2-1 zoning scaled appropriately to the very narrow side streets two inches (Everit Street and Doughty Street) upon which they front; 70’-0” in and results in WHEREAS, based upon the above, the Board finds proposed that the aforementioned unique physical conditions, when the Zoning considered in the aggregate, create unnecessary hardship regulations and p

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