2-02-BZ APPLICANT - Sheldon Lobel, P.C., for City of New York c/o NYC Economic Development Corp., owner; Bronx Preparatory Charter School, lessee. SUBJECT - Application September 15, 2003 - reopening for an amendment to the resolution. PREMISES AFFECTED - 3872 Third Avenue, a/k/a 532 East 172nd Street, southeast corner of Third Aenue and East 172nd Street, Block 2929, Lot 8, Borough of The Bronx. COMMUNITY BOARD #3BX APPEARANCES - None. ACTION OF THE BOARD - Application re-opened and resolution amended. THE VOTE TO GRANT - Affirmative: Chairman Chin, Vice-Chair Babbar, Commissioner Miele and Commissioner Caliendo.......4 Negative:.......................................................................0 THE RESOLUTION - WHEREAS, a public hearing was held on this application on October 28, 2003, after due notice by publication in The City Record, and laid over to December 9, 2003 for decision; and WHEREAS, the applicant has requested a reopening of the of the resolution and an amendment seeking the elimination of sixteen (16) on-site accessory parking spaces and permission to erect the proposed gymnasium building section on grade as a one-story structure; and WHEREAS, on November 8, 2002, the Board granted a variance and a special permit pursuant to Z.R. §§72-21 and 73-19 permitting a school in an M1-4 zoning district, and a variance of the rear yard requirements and restrictions on construction within 30 feet of the rear lot line coinciding with rear lot lines of lots in the adjoining residential district; and WHEREAS, the record indicates that as construction progressed the cost of the project was much higher than anticipated; and WHEREAS, the Board notes that the subject 16 on-site accessory parking spaces were volunteered by the applicant and were not a Board condition. It is resolved, that the Board of Standards and Appeals reopens and amends the resolution, pursuant to Z.R. § 72-01 and 72-22, said resolution having been adopted on November 8, 2002, so that as amended this portion of the resolution shall read: “To permit, the elimination of sixteen (16) on- site accessory parking spaces and to allow the erection of the proposed gymnasium on grade as a one-story structure in accordance with A true copy of resolution adopted by the Board of Printed in Bulletin No. 48-50, Vol. 88. Copies Sent To Applicant Fire Com'r. Borough Com'r.