logo CityLand
      • Home
      • About CityLand
      • CityLand Sponsors
      • Filings & Decisions
      • Commentary
      • Archive
      • Resources
      • CityLaw
      • Current Issue

    Variance for carwash denied


    Board of Standards & Appeals  •  Variance  •  Far Rockaway, Queens
    12/15/2004   •    Leave a Comment

    Developer failed to show residential use was infeasible on large Queens site. On December 7, 2004, BSA denied a variance application for an automatic car wash proposed for 34- 11 Rockaway Boulevard at the corner of Sea Girt Boulevard in Queens, a C2- 2(R6) zone. Residential and retail use, but not car washes, would be permitted as-of-right on the site, a 37,255 sq.ft. lot with a 206 ft. street frontage along Far Rockaway Boulevard and 121 ft. frontage on Sea Girt Boulevard. The applicant argued that the lack of direct access to the Rockaway Freeway made both uses economically infeasible. The applicant also claimed that the site’s irregular shape, as it narrowed from 225 ft. to 121 ft., made a residential use unworkable.

    At the hearings, BSA requested that the applicant submit economic studies of different residential developments that could be built as-ofright. The applicant submitted an 11- unit scenario for the 37,255 sq.ft. lot, claiming that, with the lack of freeway access and the odd site size, 11 units were the maximum workable unit number. Chair Meenakshi Srinivasan expressed doubt as to the analysis and commented that the applicant failed to submit requested evidence such as a showing that the construction costs were as high as alleged or that the site’s alleged high water table increased development costs.

    BSA denied the variance, finding that the applicant failed to show that the odd-shaped site compromised the income that could be generated by an as-of-right development. BSA, noting that a residential use seemed less impacted by the lack of freeway access than retail, found that the developer’s studies did not maximize the potential residential unit number. Further, BSA found the applicant’s site valuation was “impermissibly inflated,” because its $1,125,000 total was arrived at by valuing the land at $250,000 and counting the value of the land again when determining the value of the two buildings. BSA stated that the “double-counting” incorrectly skewed the potential rate of return of a permitted use.

    BSA: 34-11 Far Rockaway Boulevard (364- 03-BZ) (December 7, 2004) (Rothkrug Rothkrug, for car wash). CITYADMIN

    Share this:

    • Facebook
    • Twitter
    • Google
    • Email
    Tags : 34-11 Far Rockaway Boulevard
    Category : Board of Standards & Appeals

    Comment on this article

    Click here to cancel reply.

    Subscribe To Free Alerts

    In a Reader

    Desktop Reader Bloglines Google Live Netvibes Newsgator Yahoo! What's This?

    Follow Us on Social Media

    twitterfacebook

    Search

    Search by Category

      City Council
      CityLaw
      City Planning Commission
      Board of Standards & Appeals
      Landmarks Preservation Commission
      Economic Development Corporation
      Housing Preservation & Development
      Administrative Decisions
      Court Decisions
      Filings and Decisions
      CityLand Profiles

    Search by Date

    © 1997-2010 New York Law School | 185 West Broadway, New York, NY 10013 | 212.431.2100 | Privacy | Terms | Code of Conduct | DMCA | Policies
    loading Cancel
    Post was not sent - check your email addresses!
    Email check failed, please try again
    Sorry, your blog cannot share posts by email.