224-14-BZ & 225-14-A CEQR #15-BSA-066R APPLICANT – Eric Palatnik, P.C., for 1534 Boulevard LLC, owner. SUBJECT – Application September 15, Variance (§72-21) to for ambulatory diagnostic healthcare treatment facility (medical office) located in an R1-2 zoning district. Also a GCL 35 as portion of the roadway is within street. R1-2 zoning district. PREMISES AFFECTED – 1534 Victory Block 695, Lot 81, Borough of Staten Island. COMMUNITY BOARD #1SI ACTION OF THE BOARD – Application on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown and Commissioner Sheta...........................................................................4 Negative: ...................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department Buildings (“DOB”), dated October 14, 2014, on DOB Application No. 520085185, pertinent part: 1. ZR 51-00: Medical Office (Zoning Group-4) is not as-of-right use existing R1-2 zoning district pursuant to ZR 22-14; ZR 52-41: The proposed increase required existing accessory parking spaces for 16 cars in previous zoning district, per C of O #078925 (dated 08/07/1992) . . . increases degree of existing non-conformance; 2. GCL 35: The proposed private roadway that is located within existing Widening Line, to connect driveways into the property is contrary to GCL 35; and WHEREAS, this is an application under 72-21 to permit, on a site located in an R1-2 district, the addition of five (5) accessory parking spaces to a Use Group 4 diagnostic or treatment health care facility, to ZR §§ 22-14 and 52-41 (BSA Cal. No. BZ), and construction within the bed of street, contrary to General City Law (“GCL”) (BSA Cal. No. 225-14-A); and WHEREAS, a public hearing was held application on April 4, 2017, after due publication in The City Record, with hearings on July 25, 2017, August 8, January 23, 2018, and then to decision on 2018; and WHEREAS, Commissioner Ottley-Brown former Commissioner Montanez inspections of the site and surrounding neighborhood; and WHEREAS, Community Board Island, recommends disapproval of this on the bases that the area was rezoned limit density in the area, particularly with ambulatory diagnostic or treatment health facilities, and the applicant has not shown proposal would be the only development provide a reasonable return nor would this 224-14-BZ & 225-14-A CEQR #15-BSA-066R and WHEREAS, the applicant asserts existing 16 parking spaces are inadequate Health Care Facility’s needs and that, was Care Facility built today, subsequent to amendments to community facility bulk and use effective as of 2004, the floor space in would be included in the calculation for parking and 34 parking spaces would be and WHEREAS, in response to opposition, applicant revised the application to redevelop Flagpole Portion with a 30 foot wide driveway and two detached one-family buildings to maintain its residential use and parking layout of the Regular Portion to one-way drive around the existing one-story Care Facility building and five additional parking spaces for a total of 21 accessory spaces on the Regular Portion; and WHEREAS, the Board notes that waiving any regulations with regards residential buildings proposed for the Portion and that such buildings are Department of Buildings’ approval for with, among other things, the Zoning Resolution; WHEREAS, the Board additionally the two residential buildings may require Section 36 of the General City Law but was not included in the subject application not considered or granted by the Board; and WHEREAS, in connection application, the applicant proposes to reapportion site into three tax lots—one for each of the on the site—but maintain a single zoning lot; WHEREAS, the applicant states that, to ZR § 72-21, the depth and limited frontage Flagpole Portion are unique physical conditions create a practical difficulty and unnecessary in developing the site in conformance underlying district r
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