705-68-BZ
APPLICANT – Rothkrug, Rothkrug & Spector, LLP, for Lanide Realty Corporation, owner; City Auto Corporation, lessee.
SUBJECT – Application March 27, 2008 – Extension of Term/waiver for a (UG8) parking lot in an R4-1 zoning district which expired on April 27, 2007.
PREMISES AFFECTED – 88-14/22 182nd Street, 128’ south of the intersection of Hillside Avenue and 182nd Street, Block 9917, Lots 7, 11, 143, Borough of Queens.
COMMUNITY BOARD #12Q
APPEARANCES –
For Applicant: Adam Rothkrug.
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, and an extension of the term for a previously granted variance permitting open parking and storage of motor vehicles (Use Group 8), which expired on April 27, 2007; and
WHEREAS, a public hearing was held on this application on August 26, 2008, after due notice by publication in The City Record, with a continued hearing on September 23, 2008, and then to decision on October 28, 2008; and
WHEREAS, the site and surrounding area had a site and neighborhood examination by Commissioner Hinkson; and
WHEREAS, Community Board 12, Queens, recommends approval of this application; and
WHEREAS, the subject site is located on the west side of 182nd Street, between Hillside Avenue and 89th Avenue; and
WHEREAS, the site is located within an R4-1 zoning district and is occupied by a parking lot; and
WHEREAS, the Board has exercised jurisdiction over the subject site since January 17, 1961 when, under BSA Cal. No. 7-56-BZ[1], the Board granted a variance permitting the operation of a parking lot in a residential district for a term of five years; and
WHEREAS, on January 7, 1969, under the subject calendar number, the Board extended the term of the grant and permitted enlargement of the subject parking lot; and
WHEREAS, the grant was also extended and amended at various other times; most recently on July 21, 1998 extending the term for ten years, to expire on April 27, 2007; and
WHEREAS, the applicant now seeks to extend the term of the variance for an additional ten years; and
WHEREAS, the applicant represents that a waiver of the Rules of Practice and Procedure is necessary due to a change in the ownership of Lots 7 and 11; and
WHEREAS, the applicant states that Lots 7 and 11 contain 40 parking spaces, and Lot 143 contains 41 parking spaces; and
WHEREAS, the applicant represents that there have been no changes in the use of the site or the site plan, other than the installation of fencing between Lot 143 and Lots 7 and 11; and
WHEREAS, at hearing, the Board directed the applicant to confirm that auto sales do not occur on Lots 7 and 11; and
WHEREAS, in response, the applicant submitted a letter indicating that the manager of Lots 7 and 11 confirmed that no automobiles are sold on the subject lots; and
WHEREAS, based upon its review of the record, the Board finds that the requested extension of term is appropriate with certain conditions as set forth below.
Therefore it is Resolved that the Board of Standards and Appeals reopens and amends the resolution, dated January 17, 1961, 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 April 27, 2017; on condition:
THAT the term of this grant shall expire on April 27, 2017;
THAT no automobiles shall be sold on any portion of the site;
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.”
(Alt. No. 1032/68)
Adopted by the Board of Standards and Appeals, October 28, 2008.
A true copy of resolution adopted by the Board of Standards and Appeals, October 28, 2008.
Printed in Bulletin Nos. 41-43, Vol. 93.
Copies Sent
To Applicant
Fire Com'r.
Borough Com'r.
[1] The original application under BSA Cal. No. 7-56-BZ was withdrawn on October 17, 1956.