BSA ruled that owner made sufficient progress on construction prior to downzoning. In late 2008, Buildings issued permits to Selvakumar Rajaratnam to construct two four-story buildings with seven dwelling units each at 37-45 and 37-47 98th Street in North Corona, Queens. On March 24, 2009, the City Council approved the North Corona 2 rezoning, which rezoned the site from R6B to R5A, and rendered the proposed buildings out-of-compliance with maximum permitted floor area, number of units, and height, setback, yard, and parking requirements. Because the buildings’ foundations had not been completed by the enactment date, the permits lapsed. Rajaratnam filed an appeal with BSA to complete construction.

At a hearing, Rajaratnam submitted affidavits and photographs demonstrating that he had completed 100 percent of the shoring, 40 percent of the excavation, and 49 percent of the foundation work prior to the rezoning. Rajaratnam claimed that he had spent $134,279 on the project prior to the rezoning, which accounted for eleven percent of the project’s $1,198,193 budget. Rajaratnam said that in order to comply with the new zoning, he would need to reduce the number of residential units in the proposed buildings from fourteen to two, which would result in a 77 percent decrease in annual rental income. Queens Community Board 3 opposed the application. (read more…)

Developer’s appeal to maintain zoning fails to sway Council. On March 24, 2009, the City Council approved the Department of City Planning’s rezoning proposal for 100 blocks in North Corona, Queens. Although most of the affected blocks were included in a 2003 rezoning, local residents called on City Planning to propose another rezoning given recent out-of-character development.

When Planning presented its proposal at the City Planning Commission’s January 21st public hearing, several affected property owners and their representatives spoke in opposition, including the owner of McGrath Funeral Home on 37th Avenue, and Adam Rothkrug, who represented the owner of 104-02 Northern Boulevard, a property located near the intersection of Northern Boulevard and 104th Street. 6 CityLand 24 (March 15, 2009). The Commission, in its report, modified Planning’s proposal by carving out a portion of 37th Avenue between 90th and 92nd Streets. McGrath Funeral Home would keep its R6B designation, allowing it to expand. The Commission, however, declined to modify the proposal as it related to the south side of Northern Boulevard between 104th and 112th Streets. As such, 104-02 Northern Boulevard’s zoning district would change from R6 to R6A, reducing the maximum FAR from 4.8 to 3.0. (read more…)

Modification allows businesses on portions of 37th Avenue to expand. On February 18, 2009, the City Planning Commission approved, with one modification, the Department of City Planning’s rezoning proposal for North Corona, Queens. The proposed rezoning impacts 100 blocks generally bounded by Roosevelt Avenue on the south, 89th to 95th Streets on the west, Northern and Astoria Boulevards on the north, and 114th Street on the east.

The current proposal is City Planning’s response to the out-of- character development that occurred after a broad rezoning of the area in 2003. To further limit the density of new construction, City Planning proposes to rezone portions of 68 blocks from R6B to R5 and R5A, and from R5 to R5A. The R5A contextual zoning district, which had not been created at the time of the 2003 rezoning, would limit new development to one- and two-family detached houses. The proposal would also create a contextual corridor along portions of Astoria and Northern Boulevards by rezoning these areas from R6 to R6A This action would encourage medium-density development and establisha fixed maximum building height of 70 ft. (read more…)