509-38-BZ APPLICANT – Eric Palatnik, P.C., for Power Test Realty Company Limited Partnership, owner. SUBJECT – Application May 4, 2018 – Amendment (§11-413) to permit the legalization of a change of use of a previously approved variance permitting an Automotive Service Station (UG 16B) to an Automotive Repair Facility (UG 16B). R3-1 zoning district. PREMISES AFFECTED – 202-01 Rocky Hill Road 47th Avenue, Block 5561, Lot 10, Borough aka 202-02 of Queens. COMMUNITY BOARD #11Q Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta, Commissioner Scibetta………………………………..5 Negative………………………………………………0 THE RESOLUTION – WHEREAS, this is an application for an amendment of a variance, previously granted by the Board; and WHEREAS, a public hearing was held on this application on December 11, 2018, after due notice by publication in The City Record, with continued hearings on April 30, 2019, June 11, 2019, August 6, 2019 and November 26, 2019, and then to decision on that same date; and WHEREAS, Vice-Chair Chanda and Commissioner Ottley-Brown performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 11, recommends approval of the amendment on condition that the term be limited to five years; the hours of operation be posted; an environmental review regarding the removal of the gas tanks be conducted; the manager’s contact information be provided for future site problems; the illuminated signage be shut off at night; information regarding the contents of the metal containers on site be provided; the building and site undergo power washing; tree stump in front of the front office, the dead vehicle storage, the loose tire pile, excess garbage, including weeds all be removed; and the security cameras be confirmed as working; and WHEREAS, the Board received testimony from a civic association within whose district the subject site is located recommending approval of the application on condition that the term be limited to five years; all work on the site, including landscaping, be completed before the granting the application; no un-plated vehicles be stored on site; no storage of other vehicles on site; only vehicles awaiting service be stored on site over night; no vehicles be parked on the sidewalk; work on vehicles should only be done in the bays; and appropriate hours of operation be stated; and WHEREAS, the subject site is bounded by 47th Avenue to the north, 202nd Street to the west, and 509-38-BZ within the building line for supporting signs, which may be illuminated, advertising the brand of gasoline on sale, provided such signs do not extend beyond the building line for a distance of more than four feet; plans be submitted for approval by the Chairman on behalf of the Board before same are filed with the Borough’s Superintendent; and, after approval of plans, all permits be obtained and all work be completed within one year thereafter; and WHEREAS, on March 1, 1955, under the subject calendar number, the Board amended the resolution to permit extension of the accessory building for use as a wash bay and additional lubritorium on condition that the design and arrangement be similar to the existing building; there be no cellar under the proposed extension and no opening on the rear wall to the premises in the rear; in all other respects the resolution be complied with where not inconsistent with the terms of this amended resolution and that all permits be obtained and all work completed within the requirements of the Zoning Resolution; and WHEREAS, the applicant now seeks an amendment to permit a change in the use from gasoline service station with lubritorium and wash bay (UG 16) to an automotive service station (UG 16); and WHEREAS, pursuant to ZR § 11-413, the Board may permit a change in use to another non-conforming use provided that such change of use will not impair the essential cha
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