89-15-BZ CEQR #15-BSA-196K APPLICANT – Law Office of Jay Goldstein, for G & W Enterprises Inc., owner. SUBJECT – Application April 21, 2015 – Variance (§72-21) to permit the construction of a 4-story, 4family home contrary to §42-11. M1-1 zoning district. PREMISES AFFECTED – 92 Walworth Street, Block 1735, Lot 16, Borough of Brooklyn. COMMUNITY BOARD #3BK Application granted ACTION OF THE BOARD – on condition. THE VOTE TO GRANT – Affirmative: Vice Chair Chanda, Commissioner OttleyBrown, Commissioner Sheta and Commissioner Scibetta…..................................................................... .....4 Negative: ..........................................................................0 Abstain: Chair Perlmutter……………………………1 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated April 15, 2015, acting on DOB Application No. 320597314, reads in pertinent part: ZR 42-00: Proposed residential building Use Group 2 is not permitted as-of-right in an M1-1 zoning district as per ZR Section 42-00 and therefore requires a variance from the Board of Standards and Appeals pursuant to ZR Section 72-21; and WHEREAS, this is an application under ZR § 7221 to permit, on a site located in an M1-1 zoning district, the development of a four-story plus cellar four-family residential building, contrary to ZR § 42- 00; and WHEREAS, a public hearing was held on this application on February 13, 2018, after due notice by publication in The City Record, with continued hearings on May 1, 2018, July 17, 2018, September 27, 2018, and then to decision on October 30, 2018; and WHEREAS, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Scibetta performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 3, Brooklyn, recommends waived its review and recommendation of the subject proposal; and WHEREAS, the subject site is located on the west side of Walworth Street, between Park Avenue and Myrtle Avenue, in an M1-1 zoning district, in Brooklyn; and WHEREAS, the site has approximately 25 feet of frontage along Walworth Street, depth of 100 feet, 2,500 square feet of lot area and is currently vacant; 89-15-BZ CEQR #15-BSA-196K reasonable return and, in support of that contention, submitted a financial analysis for (1) an as-of-right onestory manufacturing development and (2) the subject proposal; and WHEREAS, the financial analyses submitted with the application conclude that only the subject proposal will generate a reasonable return, approximately 5 percent, while the as-of-right development will result in a loss of approximately 64 percent of the projected development costs; and WHEREAS, upon review of the applicant’s submissions, the Board finds, in accordance with ZR § 72-21(b), that due to the site’s unique physical conditions, there is no reasonable possibility that a development in strict conformance with applicable zoning requirements will provide a reasonable return; and WHEREAS, the applicant submits that the subject proposal will not substantially impair the appropriate use or development of adjacent properties and will not be detrimental to the public welfare in accordance with ZR § 72-21(c); specifically, the applicant’s study evidences that the lots on either side of the subject site are currently or are in the process of being developed with educational institutes and that 13 of the 40 other lots located on the subject tax block (approximately 33 percent) and 11 of the 29 other lots with frontage along this block of Walworth Street (approximately 38 percent) are occupied by residential uses; and WHEREAS, in response to the Board’s concerns that the height of the building was inconsistent with building heights in the immediate area, the applicant revised the proposal by setting the fourth floor back from the street, reducing the bulk of the rooftop bulkhead and reducing the floor-to-floor, base and total building heights from 11’-4” to 10 feet, 48’-10” to 43’- 6” and 57

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