APPLICANT Sheldon Lobel, P.C., for Lloyd Coy, Owner

141-96-BZ

APPLICANT – Sheldon Lobel, P.C., for Lloyd Coy, owner.

SUBJECT – Application July 19, 2007 – Extension of term/Amendment/Waiver-permitting the operation of a motor vehicle repair shop (use group 16) in an R5/C2-2 zoning district and amend the previously approved variance allowing minor changes to the layout and legalization of existing non-complying signage. The Term of the variance expired May 20, 2007.

PREMISES AFFECTED – 638-40 Utica Avenue, located on the west side of Utica Avenue between Winthrop Street and Clarkson Avenue, Block 4617, Lot 15, Borough of Brooklyn.

COMMUNITY BOARD #9BK

APPEARANCES –

For Applicant: Richard Lobel.

ACTION OF THE BOARD – Application granted on condition.

THE VOTE TO GRANT –

Affirmative: Chair Srinivasan, Vice-Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez...... 5

Negative:...... 0

THE RESOLUTION:

WHEREAS, this is an application for a waiver of the Rules of Practice and Procedure, a reopening, an amendment to permit certain site changes, and an extension of the term for a previously granted variance for an automotive repair station, which expired on May 20, 2007; and

WHEREAS, a public hearing was held on this application on March 18, 2008, after due notice by publication in The City Record, with a continued hearing on April 15, 2008, and then to decision on May 6, 2008; and

WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan, Commissioner Hinkson, and Commissioner Montanez; and

WHEREAS, Community Board 9, Brooklyn, recommends approval of this application; and

WHEREAS, the subject premises is located on the west side of Utica Avenue, between Winthrop Street and Clarkson Avenue; and

WHEREAS, the site is located within a C2-2(R5) zoning district and is occupied by a one-story automotive repair building with 2,965 sq. ft. of floor area; and

WHEREAS, on November 29, 1960, under BSA Cal. No. 267-60-BZ, the Board granted a variance to permit an automotive repair station at the site for a period of ten years; and

WHEREAS, on November 10, 1970, under BSA Cal. No. 267-60-BZ, the grant was extended for a term of ten years to expire on November 29, 1980; the grant was not renewed; and

WHEREAS, on May 20, 1997, under the subject calendar number, the Board reinstated the variance and permitted the legalization and enlargement of the existing automotive repair use for a term of ten years, to expire on May 20, 2007; and

WHEREAS, the instant application seeks to extend the term of the variance for an additional ten years; and

WHEREAS, additionally, the applicant requests an amendment to allow for the following changes to the site: (1) the subdivision of the front office; (2) an increase in the width of the roll-down door; (3) a reduction in the size of the storage rooms; (4) the installation of a platform for the storage of tires; (5) the replacement of the brick rear yard wall with a steel fence; and (6) an increase in the floor area by 12.5 sq. ft.; and

WHEREAS, as to the increase in floor area, the applicant represents that the 12.5 sq. ft. in question had formerly been considered a floor area deduction and that a survey revealed a minor difference in the distribution of the total floor area and the inclusion of the additional square feet; and

WHEREAS, the applicant submitted an architect’s analysis detailing the appropriate floor area allocation; and

WHEREAS, at hearing, the Board asked the applicant if vehicle sales were conducted at the site, contrary to the grant; and

WHEREAS, in response, the applicant stated that any vehicle sales at the site had been terminated; and

WHEREAS, additionally, the Board directed the applicant to remove all graffiti and to revise signage so that it complies with C1 zoning district regulations; and

WHEREAS, in response, the applicant removed the graffiti; one of the non-complying signs; and tires, which had been stored at the rear of the building; and

WHEREAS, the applicant submitted photographs reflecting these changes; and

WHEREAS, the applicant notes that the remaining signage does not comply with C1 zoning district regulations but is consistent with what was approved by the Board under prior grants; and

WHEREAS, finally, the applicant confirmed that the hours of operation of the site are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday, 8:00 a.m. to 4:00 p.m., with no hours on Sunday; and

WHEREAS, based upon its review of the record, the Board finds that the requested extension of term and site modifications are appropriate with certain conditions as set forth below.

Therefore it is Resolved that the Board of Standards and Appeals waives the Rules of Practice and Procedure, reopens, and amends the resolution, dated May 20, 1997, so that as amended this portion of the resolution shall read: “to grant an extension of the variance for a term of ten years from the expiration of the prior grant, to expire on May 20, 2017, and to permit the noted site

141-96-BZ

modifications; on condition that the use shall substantially conform to the drawings filed with the application marked “Received April 8, 2008”-(4) sheets; and on further condition:

THAT the term of this grant shall expire on May 20, 2017;

THAT the above condition shall appear on the Certificate of Occupancy;

THAT all conditions from prior resolutions not specifically waived by the Board remain in effect;

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; 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.”

(DOB App. No. 300519918)

Adopted by the Board of Standards and Appeals, May 6, 2008.

A true copy of resolution adopted by the Board of Standards and Appeals, May 6, 2008.

Printed in Bulletin Nos. 18-19, Vol. 93.

Copies Sent

To Applicant

Fire Com'r.

Borough Com'r.