196-08-BZ
APPLICANT – DID Architects, for 53-10 Associates, LLC, owner.
SUBJECT – Application July 21, 2008 – Special Permit (§§11-411 & 73-03) the reinstatement of a Board of Standards and Appeals variance, originally granted under calendar number 346-47-BZ, to permit the continued operation of a public parking garage. The lot is located in a C6-2 zoning district within the Clinton Special District Area A Preservation area.
PREMISES AFFECTED – 792 Tenth Avenue, a/k/a 455 West 53rd Street, north east corner of Tenth Avenue and West 53rd Street, Block 1063, Lot 1, Borough of Manhattan.
COMMUNITY BOARD #4M
APPEARANCES – None.
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, the decision of the Manhattan Borough Commissioner, dated July 16, 2008, acting on Department of Buildings Application No. 110158454, reads in pertinent part:
“ZR §§ 11-411, 11-412, 73-01, 73-03. Refer to Board of Standards and Appeals for extension of variance under Cal # 346-47-BZ;” and
WHEREAS, this is an application for a special permit pursuant to ZR § 11-411, to reinstate a prior variance which allowed the operation of a public parking garage (Use Group 8) in a C6-2 zoning district within the Special Clinton District; and
WHEREAS, a public hearing was held on this application on October 28, 2008, after due notice by publication in the City Record, with a continued hearing on November 25, 2008, and then to decision on January 13, 2009; and
WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan, Vice-Chair Collins, Commissioner Hinkson, and Commissioner Ottley-Brown; and
WHEREAS, Community Board 4, Manhattan, recommends approval of this application, subject to the following conditions: (i) that the garage encourage monthly parking over transient parking; (ii) that parking be limited to 81 spaces plus ten reservoir spaces; (iii) that transient parking be accepted only from the Tenth Avenue entrance; (iv) that unnecessary curb cuts be removed; (v) that street trees be planted in accordance with ZR § 26-41; and (vi) that the reinstatement of the permit be limited to the current use of the building; and
WHEREAS, the premises is located on the northeast corner of the intersection at Tenth Avenue and West 53rd Street, in a C6-2 zoning district within the Special Clinton District; and
WHEREAS, the Board has exercised jurisdiction over the subject site since February 8, 1949 when, under BSA Cal. No. 346-47-BZ, the Board granted a variance to permit the premises to be occupied as a storage garage; and
WHEREAS, subsequently, the grant has been amended and the term extended by the Board at various times; and
WHEREAS, most recently, on April 10, 1979, the grant was amended to extend the term for ten years; and
WHEREAS, the term of the variance has not been extended since its expiration on April 10, 1989, and
WHEREAS, the applicant represents, however, that the use of the site as a parking garage has been continuous since the expiration noted above; and
WHEREAS, the applicant now proposes to reinstate the prior grant and seeks a special permit pursuant to ZR § 73-01(d); and
WHEREAS, the applicant has requested a ten-year extension of term; and
WHEREAS, pursuant to ZR § 11-411, the Board may extend the term of an expired variance; and
WHEREAS, at hearing, the Board requested the applicant to install rooftop screening and lighting and to respond to the recommendations of the Community Board; and
WHEREAS, in response, the applicant submitted revised plans indicating that: (i) the westernmost curb cut on West 53rd Street will be reduced from 37 feet to 20 feet; (ii) the garage will be limited to 81 spaces with ten reservoir spaces; (iii) eight foot screening which is mostly opaque will be provided along the roof’s perimeter; (iv) rooftop lighting will be controlled by motion sensors and angled down to minimize glare to neighboring uses; and (v) street trees will be planted pursuant to ZR § 26-41, subject to approval by the Department of Parks and Recreation and the Department of Transportation; and
WEHREAS, in addition, the applicant represents that the rooftop parking area will be used exclusively for long-term monthly parking; and
WHEREAS, the Board finds that, under the conditions and safeguards imposed, any hazard or disadvantage to the community at large due to the proposed special permit use is outweighed by the advantages to be derived by the community; and
WHEREAS, the Board has determined that evidence in the record supports the findings required to be made under ZR §§ 11-411 and 73-03.
Therefore it is Resolved that the Board of Standards and Appeals issues a Type II determination under 6 NYCRR Part 617.5 and 617.3 and §§ 5-02(a), 5-02(b)(2) and 6-15 of the Rules of Procedure for City Environmental Quality Review and makes each and every one of the required findings under ZR §§ 11-411 and 73-03 for a reinstatement of a prior Board approval and an extension of term for a parking garage (Use Group 8) in a C6-2 zoning district within the Special Clinton District; on condition that any and all work shall substantially conform to drawings as they apply to the objection above noted, filed with this application marked “Received November 12, 2008”-(5) sheets; and on further condition:
THAT this permit shall be for a term of ten years, to expire on January 13, 2019;
THAT the lot shall be kept free of graffiti, dirt and debris;
THAT the capacity of the garage shall be limited to 81 spaces and an additional ten reservoir spaces;
THAT the rooftop parking area will be used exclusively for long-term monthly parking;
THAT rooftop screening and lighting shall be provided in accordance with the BSA-approved plans;
THAT street trees shall be planted in accordance with the BSA-approved plans;
THAT the above conditions shall be listed on the certificate of occupancy;
THAT a new certificate of occupancy be obtained by January 13, 2010;
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;
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)/configuration(s) not related to the relief granted.
Adopted by the Board of Standards and Appeals, January 13, 2009.
A true copy of resolution adopted by the Board of Standards and Appeals, January 13, 2009.
Printed in Bulletin Nos. 1-3, Vol. 94.
Copies Sent
To Applicant
Fire Com'r.
Borough Com'r.