PREMISES AFFECTED - 156 05 Cross Island Parkway, Borough of Queens

PREMISES AFFECTED - 156-05 Cross Island Parkway, Borough of Queens.

346-03-BZ CEQR#04-BSA-076Q APPLICANT - Joseph P. Morsellino, Esq., for Roadco, LLC, owner. SUBJECT - Application November 13, 2003 - under Z.R. §72-21 to permit the legalization of an existing two family dwelling, Use Group 2, located in an R2 zoning district, which does not comply with the zoning requirements, regarding the number of units permitted on the zoning lot, is contrary to Z.R. §23-22. PREMISES AFFECTED - 156-05 Cross Island Parkway, east of 156th Street, Block 4566, Lot 78 (tentative Lot No. 94), Borough of Queens. COMMUNITY BOARD #7Q APPEARANCES - For Applicant: Joseph Morsellino. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO GRANT- Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Caliendo, Commissioner Miele and Commissioner Chin...... 5 Negative: ...... 0 THE RESOLUTION - WHEREAS, the decision of the Borough Commissioner, dated October 24, 2003, acting on Application No. 401484773, reads: "1. Proposed number of dwelling units is contrary to section 23-22 in that the maximum permitted number of dwelling units is two. The proposed number of dwelling units is three."; and WHEREAS, a public hearing was held on this application on February 24, 2004 after due notice by publication in The City Record, and laid over to March 23, 2004 for decision; and WHEREAS, the site and surrounding area had a site and neighborhood examination by a committee of the Board; and WHEREAS, the Queens Borough President has recommended approval of this application; and WHEREAS, this is an application under Z.R. §72-21 to permit the proposed legalization of an existing two family home, situated on a zoning lot comprised of two tax lots, located within an R2 zoning district, that also contains a one family dwelling, for a total of three dwelling units on a single zoning lot, which is contrary to Z.R. §23-22; and WHEREAS, the subject zoning lot is a through lot comprising tax lot 78 and tentative tax lot 94, with the one family home on lot 78 and the two family home on lot 94; the total lot area is 7,042 square feet; the lot is situated on the Cross Island Parkway east of 156th Street, with frontage on both Cross Island Parkway and Cryders Lane; and WHEREAS, the applicant states that the two family home became a pre-existing, non-conforming dwelling when the area was rezoned to R2 in 1961; and WHEREAS, the applicant states that the owner of the zoning lot filed for and obtained approval from the Department of Buildings for the construction of the one family home, built the home, and subsequently received notice from DOB that the two family home would have to be converted to a one family home in order to comply with Z.R. §23-22; and WHEREAS, the applicant states that the following are unique physical conditions, which create practical difficulties and unnecessary hardships in using the existing building in conformity with underlying district regulations: the history of development of the zoning lot with a two family home, and the irregular shape of the zoning lot; and WHEREAS, the Board finds that certain of the aforementioned unique physical conditions, specifically the long history of the lot's development with a two family home, create unnecessary hardships and practical difficulties in developing the site in compliance with the applicable zoning regulations; and WHEREAS, the applicant states that conversion of the two family home to one family would cost a substantial amount, but decrease the home's value, and would be difficult to market due to its large size; and WHEREAS, based upon its review of the record, the Board has determined that because of the subject lot's unique physical conditions, there is no reasonable possibility that development in strict conformity with applicable zoning regulations will provide a reasonable return; and WHEREAS, the applicant states that the retention of the two family home as two family is in keeping with other two family homes directly adjacent to the subject site and in the surrounding area, and notes that the use of the structure for a two family home has not had any adverse impacts on neighboring properties for decades; and WHEREAS, the Board notes, based on the record before it, that both structures on the lot comply and conform in all respects to applicable zoning regulations aside from Z.R. §23-22; and WHEREAS, the Board finds that the proposed application will not alter the essential character of the surrounding neighborhood, impair the use or development of adjacent properties 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 is the minimum variance necessary to afford relief; and WHEREAS, therefore, 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 Z.R. §72-21 and grants a variation in the application of the Zoning Resolution, limited to the objection cited above, to permit the proposed legalization of an existing two family home, situated on a zoning lot comprised of two tax lots, located within an R2 zoning district, that also contains a one family dwelling, for a total of three dwelling units on a single zoning lot, which is contrary to Z.R. §23-22, on condition that all work shall substantially conform to drawings as they apply to the objections above noted, filed with this application marked "Received November 13, 2003"- (4) sheets; and on further condition; THAT the premises shall be maintained free of debris and graffiti; THAT any graffiti located on the premises shall be removed within 48 hours; THAT the above conditions shall be noted in the Certificate of Occupancy; THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s) and/or configuration(s) not related to the relief granted. Adopted by the Board of Standards and Appeals, March 23, 2004.