99-14-BZ CEQR #14-BSA-151M APPLICANT – Arisa Realty Co., X LLC, owner. SUBJECT – Application May 8, 2014 – Variance (§72- 21) for a height and setback variance to facilitate the construction of a new 21-story, 19 FAR hotel building. C6-4 zoning district in the (Special Hudson Yards District). 31st Street, PREMISES AFFECTED – 432-434 West 30th 31st Street, corner of West Street aka 433-435 West and Dyer Avenue, Block 728, Lot(s) 50, 55, Borough of Manhattan. COMMUNITY BOARD #4M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Hinkson, Commissioner Ottley-Brown, Commissioner Montanez and Commissioner Chanda...............................................5 Negative:...........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings, dated December 2, 2015, acting on DOB Application No. 121185181 reads in pertinent part: 1. ZR 93-42(a): Proposed base height exceeds height permitted; 2. ZR 93-42(b): Initial setbacks not provided as required; 3. ZR 93-42(c): Portion of building above 150’ occupies greater percentage of lot area than is permitted; and WHEREAS, this is an application under ZR § 72- 21 to permit, in a C6-4 zoning district, the Special Hudson Yards District, the Farley Corridor Subdistrict B and the Central Blocks Subarea B2, the construction of a 25-story hotel building that does not comply with ZR §§ 93-42(a), (b) and (c); and WHEREAS, a public hearing was held on this application on April 5, 2016, after due notice by publication in The City Record, with a continued hearing on May 17, 2016 and then to decision on July 12, 2016; and WHEREAS, Vice-Chair Hinkson, Commissioner Ottley-Brown, Commissioner Montanez and Commissioner Chanda performed inspections of the subject site and surrounding neighborhood; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application subject to the following conditions, which the applicant agreed to by letter dated April 6, 2016: (1) no curb cuts will be located on the site’s West 31st Street frontage; (2) if feasible, at least 2 street trees with 5’ by 10’ tree pits that include planted shrubs and perennials will be planted along West 31st Street in front of the proposed development; (3) the owner will work with Community Board 4, Manhattan and the Port Authority of New York and New Jersey (“Port Authority”) to gain the Port Authority’s permission to build a sidewalk in the 99-14-BZ CEQR #14-BSA-151M B2 and one of only two lots in the Farley Corridor Subdistrict B with a width of less than 45 feet and lot area of less than 6,000 sq. ft., and that it is the only lot in Farley Corridor Subdistrict B that also has frontages on three streets; and WHEREAS, the applicant further submits that the Subject Site has a maximum permitted floor area ratio (“FAR”) of 19.0 and that a building compliant with the applicable maximum base height requirements of ZR § 93-42(a), setback requirements of ZR § 93-42(b) and tower lot coverage requirements of ZR § 93-42(c) that also took advantage of the full floor area available at the Subject Site would be 17-stories taller than the current proposal, have substantially higher construction costs and that the limited floor plate of the floors in the tower—the portion of the building above the base height and set back 15’ from the Roadway and 20’ from both Dyer Avenue and West 31st Street—would accommodate fewer rooms per floor because a disproportionate share of those floors would be devoted to the building core; and WHEREAS, the Board agrees that the aforementioned unique physical conditions at the Subject Site create unnecessary hardship and practical difficulty in developing the site in conformance with the applicable zoning regulations; and WHEREAS, the applicant states that, per ZR § 72-21(b), there is no reasonable possibility that the development of the site in conformance with the Zoning Res

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