177-85-BZ

APPLICANT – Rothkrug Rothkrug & Spector, for 2025 Richmond Avenue LLC, owner.

SUBJECT – Application October 28, 2006 – Extension of Term and waiver of the rules for a Variance, granted on August 12, 1986 to permit in an R3-2 zoning district a two story building for use as a retail establishment and business offices (UG6) which does not conform with the use regulations.

PREMISES AFFECTED – 2025 Richmond Avenue, east side of Richmond Avenue, 894.75’ north of Rockland Avenue, Block 2015, Lot 48, Borough of Staten Island.

COMMUNITY BOARD #2SI

APPEARANCES –

For Applicant: Eric Palatnik.

ACTION OF THE BOARD – Application granted on condition.

THE VOTE TO GRANT –

Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown and Commissioner Hinkson...... 4

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 for retail and office use in an R3-2 zoning district, which expired on August 12, 2006; and

WHEREAS, a public hearing was held on this application on May 8, 2007, after due notice by publication in The City Record, with a continued hearing on May 22, 2007 and July 10, 2007, and then to decision on July 24, 2007; and

WHEREAS, the premises and surrounding area had a site and neighborhood examination by Commissioner Hinkson; and

WHEREAS, Community Board 2, Staten Island, recommends approval of this application; and

WHEREAS, the subject premises is located on the east side of Richmond Avenue, 894.75 feet north of Rockland Avenue; and

WHEREAS, the site is located within an R3-2 zoning district and is occupied by a three-story building with retail and office use; and

WHEREAS, On July 19, 1977, under BSA Cal. No. 839-76-BZ, the Board granted a variance to permit the construction of a one-story building for use as a restaurant, which was never built; and

WHEREAS, on February 23, 1982, under BSA Cal. No. 945-76-BZ, the Board granted a variance to permit the construction of a one-story catering and restaurant establishment, which was never built; and

WHEREAS, on August 12, 1986, under the subject calendar number, the Board granted a variance to permit the construction of retail stores and offices (Use Group 6) at the site for a term of 20 years; and

WHEREAS, the instant application seeks to extend the term of the variance for an additional 20 years; and

WHEREAS, the applicant represents that there have not been any changes to the site; and

WHEREAS, at the Board’s direction, the applicant provided a sign analysis, which reflects that the signage complies with the approved plans; 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 waives the Rules of Practice and Procedure, reopens, and amends the resolution, dated August 12, 1986, so that as amended this portion of the resolution shall read: “to grant an extension of the variance for a term of 20 years from the expiration of the prior grant, to expire on August 12, 2026; on condition that the use shall substantially conform to the drawings filed with the application marked “Received April 2, 2007”-(7) sheets and “Received June 18, 2007”-(1) sheet; and on further condition:

THAT the term of this grant shall expire on August 12, 2026;

THAT all signage shall conform with the BSA-approved plans;

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 Application No. 500845516)

Adopted by the Board of Standards and Appeals, July 24, 2007.