BSA allows residential building on split-zoned lot

Variance will permit four-story residential building. Bernard Scharff, owner of three lots located at 1380 62nd Street in Borough Park, Brooklyn and split between M1-1D and R5 zoning districts, sought a variance to build a 52,000-squarefoot, six-story, 34-unit residential building, with ground floor retail and underground parking. The 16,000-square-foot site, 14,000 of which are in the manufacturing district and the remaining 2,000 in the residential district, contains a one-story hardware and lumber store.

Scharff argued that the site’s split-zoning, its proximity to the LIRR and a subway tunnel, and poor soil conditions rendered conforming development infeasible. BSA determined that hardship existed, finding that the residentially-zoned portion of the site did not meet the minimum size for detached housing and that the manufacturing portion was not large enough for conforming manufacturing uses. BSA requested two feasibility studies, one for a reduced 48,000-squarefoot building (3.0 FAR) and another for a reduced height building. Scharff argued that a 48,000-squarefoot building was not economically feasible, which BSA did not credit, and the reduction in height would not achieve his goal of accommodating larger families because he would have to eliminate two three-bedroom apartments. BSA suggested applying the residential zoning to the entire site and requested a feasibility study using 26,240 sq.ft., the maximum size allowed for residential. Under those guidelines the building would contain 24 units, but Scharff argued that without a penthouse and commercial space the proposal was not feasible.

BSA approved a 36,000-squarefoot building and granted a variance for a 26-unit, four-story residential building with 15 parking spaces, and no commercial component. BSA stated that surrounding buildings were residential and found the proposal would not alter the essential character of the neighborhood.

BSA: 1380 62nd Street (291-03-BZ) (April 19, 2005) (Stuart A. Klein, Esq., for Scharff). CITYADMIN


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