200-02-BZ CEQR #02-BSA-232M APPLICANT - Sheldon Lobel, P.C., for Malu Properties, Inc., owner; BP Amoco Global Alliance, lessee. SUBJECT - Application August 12, 2002 - under Z.R. §72-21, to permit the proposed construction of a new automotive service station with an accessory convenience store, Use Group 16, located in a C2-2 within an R7-2 zoning district, is contrary to a previous variance granted under Cal. No. 493-41-BZ and Z.R. §22-00. PREMISES AFFECTED - 2326 First Avenue, northeast corner of East 119th Street, Block 1807, Lots 1 and 5, Borough of Manhattan. COMMUNITY BOARD #11M APPEARANCES - For Applicant: Janice Cahalane. ACTION OF THE BOARD - Application granted on condition THE VOTE TO GRANT - Affirmative: Chairman Chin, Vice-Chair Babbar Commissioner Korbey, Commissioner Caliendo and Commissioner Miele..................................................5 Negative: ..................................................................0 THE RESOLUTION - WHEREAS, the decision of the Borough Commissioner, dated March 11, 2002 acting on Application No. 103080336 reads: "Proposed construction of a new building to be operated as an automotive service station as a gasoline filling station with an accessory convenience store (Use Group 16) in a C2-2 within an R7-2 Zoning District is contrary to BSA Calendar 493-41-BZ and therefore must be referred to the BSA."; and WHEREAS, a public hearing was held on this application on October 29, 2002 after due notice by publication in The City Record and laid over to and then to February 11, 2003 for decision; and WHEREAS, the site and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chairman James Chin, Vice Chairman Satish Babbar and Commissioner Mitchell Korbey; and WHEREAS, this is an application under Z.R. §72-21, on a site previously before the Board, to permit, in an R7-2 zoning district with a C2-2 overlay zoning district, the erection of a new automotive service station, with an accessory convenience store, (Use Group 16b) contrary to Z.R. §22-00; and WHEREAS, the subject parcel contains approximately 17,508 square feet of lot area at the northeast corner of First Avenue and 119th Street, with 100 feet of frontage along First Avenue and 175 feet of frontage along 119th Street: and WHEREAS, the applicant notes that the portion of the lot within the C2-2 overlay qualifies for a 200-02-BZ CEQR #02-BSA-232M nor be detrimental to the public welfare; and WHEREAS, the hardship herein was not created by the owner or a predecessor in title; and WHEREAS, the Board finds that the variance application is the minimum variance necessary to afford the owner relief; and WHEREAS, the Board has determined that the evidence in the record supports the findings required to be made under Z.R.§72-21; and WHEREAS, the Board has conducted an environmental review of the proposed action and the Final Environmental Assessment Statement and has carefully considered all relevant areas of environmental concern; and WHEREAS, the evidence demonstrates no foreseeable significant environmental impacts that would require the preparation of an Environmental Impact Statement. Resolved that the Board of Standards and Appeals issues a Negative Declaration under 6 NYCRR Part 617 and §6-07(b) of the Rules of Procedure for City Environmental Quality Review and makes each and every one of the required findings under §72-21, on a site previously before the Board, to permit, in an R7-2 zoning district with a C2-2 overlay zoning district, the erection of a new automotive service station, with an accessory convenience store, (Use Group 16b) contrary to Z.R. §22-00, on condition that all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked "Received June 21, 2002"-(6) sheets; and on further condition; THAT the term of the variance shall be limited to ten (10) years from the date of this grant, to expire on Febr

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