2-02-BZ CEQR # 02-BSA-104X APPLICANT - Sheldon Lobel, P.C., for City of New York Economic Development, owner; Bronx Preparatory Charter School, lessee. SUBJECT - Application January 3, 2002 - under Z.R. §§72-21 and 73-19 to permit the proposed construction of a five story school, Use Group 3, located in an M1-4 zoning district, which requires a special permit as per §73-19 and a variance to waive certain rear yard requirements, which is contrary to §§42-13, 43-232 and 43-302. PREMISES AFFECTED - 3872 Third Avenue, aka 532 East 172nd Street, southeast corner, Block 2929, Lots 8-18, 20 and 22, Borough of The Bronx. COMMUNITY BOARD #3BX APPEARANCES - For Applicant: Lyra Altman. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO GRANT - Affirmative: Chairman Chin, Vice-Chair Babbar, Commissioner Korbey and Commissioner Caliendo...4 Negative: ...................................................0 THE RESOLUTION - WHEREAS, the decision of the Borough Commissioner, dated December 5, 2001 acting on N.B. Applic. No. 200102463, reads; “1. Proposed school in an M1-4 District requires a special permit from the Board of Standards and Appeals, pursuant to Section 73-19 Zoning Resolution. 2) The portion of the proposed building within 30 feet of the rear lot lines coinciding with the rear lot lines of lots in the adjoining residence district is contrary to Section 43-302, Zoning Resolution. 3) The portion of the proposed building above the first floor within the required rear yard is contrary to Section 43-23, Zoning Resolution.”; and WHEREAS, a public hearing was held on this application on May 21, 2002 after due notice by publication in The City Record, and laid over to June 11, 2002 and then to June 18, 2002 for decision; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chairman James Chin, Commissioner Mitchell Korbey, and Commissioner Peter Caliendo; and WHEREAS, this is an application under Z.R. §§72-21 and 73-19 to permit the proposed construction of a five story school, Use Group 3, located in an M1-4 zoning district, which requires a special permit as per §73-19 and a variance to waive certain rear yard requirements, which is contrary to §§42-13, 43-232 and 43-302; and WHEREAS, by letter dated May 21, 2002, Community Board #3 has approved this application; organization and the development on this site will be in furtherance of its not-for-profit purposes; and WHEREAS, the applicant represents that there currently exist other schools in the neighborhood, including one fronting on Third Avenue, one block north of the Premises; and WHEREAS, evidence in the record indicates that the block on which the proposed school will be located is fully developed except for the subject site; and WHEREAS, the applicant represents that the gym/auditorium has been designed and located to enable the community to easily access it during hours when the school is in operation and that it is anticipated that the space will be utilized as a meeting space, performance area or workshop for summer programs; and WHEREAS, the applicant states that approximately 90% of students will arrive and depart from the school via public transportation or on foot; and WHEREAS, the school will provide 16 parking spaces on the site which, in conjunction with available curbside parking, the applicant contends is sufficient for the 60% of the staff who will drive or car pool; and WHEREAS, the applicant further represents that approximately 30% of the staff will use public transportation or walk to school while the remaining 10% will use taxis or car services; and WHEREAS, therefore, the Board finds that the proposed action will not alter the essential character of the surrounding neighborhood or impair the use or development of adjacent properties, nor will it be detrimental to the public welfare; and WHEREAS, the hardship herein was not created by the owner or a predecessor in title;

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