54-14-BZ CEQR #14-BSA-135Q APPLICANT – Moshe M. Friedman, P.E., for 11-01 Irving Avenue, LLC, owner. SUBJECT – Application April 3, 2014 – Variance (§72-21) to permit development of a three story and penthouse residential building, contrary to use regulations (§42-00). M1-4 zoning district. PREMISES AFFECTED – 1506 Decatur Street aka 11- 01 Irving Avenue aka 1504 Decatur Street, Block 3542, Lot 12, Borough of Queens. COMMUNITY BOARD #5Q ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Hinkson, Commissioner Ottley-Brown, Commissioner Montanez and Commissioner Chanda..............................................5 Negative: .........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated March 6, 2014, acting on DOB Application No. 420650922, reads in pertinent part: “Proposed UG 2 is not permitted in an M1-4 zoning district; contrary to ZR 42-10”; and WHEREAS, this is an application under ZR § 72- 21 to permit, on a site located within an M1-4 zoning district, the construction of three-story plus cellar multiple dwelling, contrary to ZR § 42-10; and WHEREAS, a public hearing was held on this application on August 16, 2016, after due notice by publication in The City Record, with a continued hearing on January 31, 2017, and then to decision on February 14, 2017; and WHEREAS, Commissioner Ottley-Brown, Commissioner Montanez and Commissioner Chanda performed inspections of the subject site and surrounding neighborhood; and WHEREAS, Community Board 5, Queens, recommends disapproval of this application on the basis that, as part of an Industrial Business Zone, the site should be developed, instead, for industrial use and promote local industrial jobs; and WHEREAS, a neighbor submitted a letter in support of the variance, stating that the lot has been vacant and an eyesore in the neighborhood for more than twenty-five years, that no one has yet come forward to develop the lot with a conforming use and that the proposed residential building is consistent with the residential use of the adjacent lots; and WHEREAS, the subject site is located on the northeastern corner of the intersection of Decatur Street and Irving Avenue, in an M1-4 zoning district, in Queens; and WHEREAS, the site has approximately 90 feet of frontage along Decatur Street, 25 feet of frontage along Irving Avenue, 2,257 square feet of lot area and is 54-14-BZ CEQR #14-BSA-135Q including those on the subject block, are developed with residential buildings; and WHEREAS, the study additionally identifies all of the other lots in the Study Area with a width of 25 feet or less and demonstrates that of these 12 total properties, not including the subject site, 10 are used in conjunction with and/or held in common ownership with an adjacent lot, including two lots that are utilized for parking; one lot is subject to a Board variance permitting its development with a residential building; and one lot, which is ten feet deeper than the subject site, is vacant; and WHEREAS, therefore, the study concludes that the subject site suffers from practical difficulties that are uniquely burdensome and meets the finding set forth in ZR § 72-21(a); and WHEREAS, based on the foregoing, the Board finds that the aforementioned unique physical conditions create unnecessary hardship and practical difficulties in developing the site in conformance with applicable zoning regulations; and WHEREAS, with regards to ZR § 72-21(b), the applicant submits that there is no reasonable possibility that a conforming development at the subject site will bring a reasonable return and, in support of that assertion, submitted a financial analysis of (1) a two- story plus cellar building consisting of artists spaces with an elevator, 4,513 square feet of floor area and 100 percent lot coverage (“the As-of-Right Development”) and (2) the subject prop

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