152-12-BZ CEQR #12-BSA-134Q APPLICANT–Rothkrug Rothkrug & Spector, M.S.P. Realty Development, Inc., owner. SUBJECT – Application May 9, 2012 – Variance 21) to permit construction of a four-story commercial and residential building, contrary yard (§23-462) requirements. C2-4/R6A district. 105th PREMISES AFFECTED – 146-61 Avenue, 105th side of Avenue, 34.65’ southwest of 105th of Avenue and Sutphin Boulevard, Block Lot 19, Borough of Queens. COMMUNITY BOARD #12Q ACTION OF THE BOARD – Application condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Commissioner Ottley-Brown, Commissioner and Commissioner Montanez ..........................................5 Negative:..........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Queens Commissioner, dated April 9, 2012, Department of Buildings Application No. reads in pertinent part: The proposed 3’-0” side yard in C2-4 zoning district is contrary to Section 33-25 the Zoning Resolution and requires a variance from the Board of Standards & Appeals; WHEREAS, this is an application under 21, to permit, within a C2-4 (R6A) zoning proposed construction of a four-story commercial/residential building that does with the zoning requirements for side yards, ZR § 33-25; and WHEREAS, a public hearing was held application on September 25, 2012 after due publication in The City Record, with continued on October 23, 2012 and November 20, 2012, to decision on December 4, 2012; and WHEREAS¸ the premises and surrounding site and neighborhood examinations by Chair Commissioner Hinkson, Commissioner Montanez, Commissioner Ottley-Brown; and WHEREAS, Community Board 12, recommends disapproval of this application; WHEREAS, the site is located on the 105th Avenue between Sutphin Boulevard and Street, within a C2-4 (R6A) zoning district; WHEREAS, the site has a width of approximately 20’-4”, a depth of 100’-6”, and a total lot area sq. ft.; and WHEREAS, the site is currently vacant; WHEREAS, the applicant proposes to four-story mixed-use commercial/ residential with ground floor commercial use and three 152-12-BZ CEQR #12-BSA-134Q commercial or residential use; and WHEREAS, accordingly, the applicant that the side yard waiver is necessary to create with a sufficient width; and WHEREAS, as to the uniqueness of applicant submitted a 400-ft. radius diagram reflects that the subject site is the only lot with less than 25’-0” in the surrounding area that common ownership with an adjacent lot, and vacant lot in the surrounding area; and WHEREAS, based upon the above, the that the cited unique physical conditions create difficulties in developing the site in strict with the applicable zoning regulations; and WHEREAS, the applicant submitted study analyzing an as-of-right four-story building with a total floor area of 3,330 sq. ft. with ground floor commercial use and three units above, and the proposed mixed-use building total floor area of 5,219 sq. ft. (2.56 FAR) floor retail use and residential use above; and WHEREAS, the feasibility study concluded as-of-right building would not result in a return, but that the proposed building would reasonable return; and WHEREAS, based upon its review applicant’s submissions, the Board has determined because of the subject site’s unique physical there is no reasonable possibility that development strict conformance with applicable zoning requirements will provide a reasonable return; and WHEREAS, the applicant represents proposed variance will not negatively affect of the neighborhood, or impact adjacent uses; WHEREAS, the applicant notes surrounding area is characterized by a mix of commercial, and community facility buildings; WHEREAS, the applicant notes that the mixed-use commercial/residential building conforming use in the underlying district and adjacent to the east of the subject site is an repair shop within a building that extends to 105th and directly across Avenue from the site medi

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