2018-38-BZ CEQR #18-BSA-110R APPLICANT – Eric Palatnik, P.C., LaForgia, owner. SUBJECT – Application March 15, 2018 Permit (§73-243) to allow for an eating and establishment (UG 6) (Starbucks) with an drive-through facility contrary to ZR §32-15. 2 zoning district. PREMISES AFFECTED – 1717 Richmond Block 887, Lot 7, Borough of Staten Island. COMMUNITY BOARD #2SI Application ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Commissioner Scibetta……………….…………….…5 Negative:…………………………………...…………0 THE RESOLUTION – WHEREAS, the decision of the Deputy Commissioner, dated February 13, 2018, Department of Buildings (“DOB”) New Application No. 520325648, reads in pertinent Eating and drinking establishments drive-up window in C1 zoning districts contrary to the provisions of ZR 32-15 must be referred to the Board of Standards and Appeals for review; and WHEREAS, this is an application §§ 73-243 and 73-03 to permit, in an R1-2 zoning district, the operation of an eating establishment with accessory drive-through contrary to ZR § 32-15; and WHEREAS, a public hearing was held application on January 29, 2019, after due publication in The City Record, with a hearing on April 9, 2019, and then to decision same date; and WHEREAS, Commissioner Scibetta performed inspection of the site and surrounding neighborhood; and WHEREAS, Community Board 2, Staten recommends approval of this application; WHEREAS, the subject site is located north side of Richmond Road, between Seaver and Dongan Hills Avenue, in an R1-2 (C1-2) district, on Staten Island; and WHEREAS, the subject site has approximately 299 feet of frontage along Richmond Road, varies between 96 feet at the southern side 97 feet at the northern side lot line, 29,650 of lot area and is currently vacant; and WHEREAS, the Board has exercised over tax lots 7 and 3 since November 26, 1968, under BSA Cal. No. 541-68-BZ, the Board variance to permit the reconstruction of an 2018-38-BZ CEQR #18-BSA-110R office area of the accessory building to accommodate an attendant’s booth, substantially as shown drawings of proposed conditions filed application, on condition that there be no vehicles on the sidewalk or in such a manner obstruct pedestrian or vehicular traffic; construction be completed within one (1) year, 9, 1992; and, other than as amended the resolution complied with in all respects; and WHEREAS, on October 17, 2000, Cal. No. 541-68-BZ, the Board waived its Practice and Procedure, reopened and further the resolution to extend the term for ten (10) expire on November 26, 2008, on condition premises be maintained in substantial compliance the proposed drawings submitted with the other than as amended the resolution be complied in all respects; and, a new certificate of occupancy obtained within one (1) year, by October 17, WHEREAS, ZR § 73-243 provides: In C1-1, C1-2 and C1-3 Districts, (except Special Purpose Districts) the Board Standards and Appeals may permit eating drinking places (including those provide musical entertainment but dancing, with a capacity of 200 persons less, and those which provide outdoor service) with accessory1 drive-through facilities for a term not to exceed five provided that the following findings made: (a) the drive-through facility contains reservoir space for not less than automobiles; (b) the drive-through facility will minimal interference with traffic the immediate vicinity; (c) the eating or drinking place accessory drive-through facility complies with the accessory off-street parking regulations for the indicated zoning district, including provision the required number of accessory street parking spaces for the indicated zoning district (for the purpose finding, the waiver provisions Sections 36-231 and 36-232 shall inapplicable); (d) the character of the commercially street frontage within 500 feet subject premises reflects substantial orientation toward the motor vehicle, 1 W

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