59-11-BZ CEQR #11-BSA-092R APPLICANT – The Law Office of Fredrick for 156 South Avenue Corporation, owner; Health Center, lessee. SUBJECT – Application May 5, 2011 – Special (§73-44) to permit the reduction in required an ambulatory diagnostic facility building. C8-1 district. PREMISES AFFECTED – 439 Port Richmond southwest corner of Port Richmond Avenue Homestead Avenue, Block 1048, Lot 9, Staten Island. COMMUNITY BOARD #1SI APPEARANCES – For Applicant: Fredrick A. Becker. ACTION OF THE BOARD – Application condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Commissioner Ottley-Brown, Commissioner Commissioner Montanez ...................................................5 Negative:.............................................................................0 THE RESOLUTION – WHEREAS, the decision of the Staten Borough Commissioner, dated May 4, 2011, Department of Buildings Application No. reads in pertinent part: “Required accessory off street parking being provided for proposed change from use group 6 (store) and use group (offices) to use group 4 (community for existing building located in a C8-1 district which was erected after 12/15/1961 contrary to section 36-21 of the New City Zoning Resolution;” and WHEREAS, this is an application under 73-44 and 73-03, to permit, within a C8-1 district, a reduction in the required number of parking spaces for a Use Group 4 diagnostic or treatment facility from 18 spaces spaces, contrary to ZR § 36-21; and WHEREAS, a public hearing was held application on June 21, 2011, after due publication in The City Record, with a continued on July 19, 2011, and then closed and set for July 19, 2011; and WHEREAS, on July 19, 2011 the application re-opened to accept additional submissions, decision on July 26, 2011; and WHEREAS, the premises and surrounding had site and neighborhood examinations Srinivasan and Commissioner Montanez; and WHEREAS, Community Board 1, Staten recommends disapproval of this application, concerns that the proposed number of parking insufficient for the proposed use; and WHEREAS, a member of the 59-11-BZ CEQR #11-BSA-092R ambulatory diagnostic or treatment facility contemplated in good faith, in accordance 73-44; and WHEREAS, the applicant submitted available street parking within an approximate block radius of the site, which reflects that between 52 and 65 available on-street parking throughout the day; and WHEREAS, based on the survey, the represents that there will be sufficient available street parking in the surrounding area to compensate the requested reduction of nine parking spaces subject site; and WHEREAS, the applicant initially provide the nine proposed parking spaces means of an attended parking lot located on Avenue; and WHEREAS, however, ZR § 36-521 prohibits use of an attendant for required parking instead there must be individual access to each and an aisle width of 22 feet; and WHEREAS, the applicant states that, comply with ZR § 36-521, only five unattended spaces can be accommodated on the on-site and WHEREAS, the applicant now proposes provide the remaining four required parking site; and WHEREAS, accordingly, the applicant a signed lease with the property owner for located at 357 Port Richmond Avenue for parking spaces; and WHEREAS, the applicant notes that Richmond Avenue is located at the corner Richmond Avenue and Hatfield Place, and 600-ft. permitted distance from the subject WHEREAS, the applicant states approval of the subject application, the property will enter into a Restrictive Declaration for parking spaces as required by the Department Buildings (“DOB”); and WHEREAS, the Board agrees that the parking space needs can be accommodated the parking reduction; and WHEREAS, based upon the above, finds that, under the conditions and imposed, any hazard or disadvantage to the at large due to the proposed special permit outweighed by the advantages to be derived community; and WHEREAS, therefore, the Board has that the evidence i
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