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Land Use, Housing & Zoning

BSA # 108-06 BZ - . CEQR No. 06-BSA-093M - 143 West 30th Street – application by S & L-G Realty (“Applicant”) for a variance to construct a 15-story residential building at 143 West 30th Street, in an MI-6 Zone

WHEREAS, The Applicant, owns a two story vacant commercial property located at 143 West 30th Street, and has applied to the Board of Standards and Appeals ("BSA") for a variance to construct a 15-story residential building; and

WHEREAS, The BSDA requires findings for the issuance of a variance which are, in part, (a) that the site possess unique physical conditions, (b) that development of the site in conformance with the zoning will not bring a reasonable return and (c) that the variance will not alter the essential character of the neighborhood; and

WHEREAS, The site is located in an M1-6 zoning district which does not permit residential development; and

WHEREAS, The lot size of the site is 25' wide by 98' deep, which is generally considered too small a floorplate for commercial purposes, and the Applicant has tried unsuccessfully to rent the existing building for commercial use; and

WHEREAS, The Applicant has provided an Economic Analysis showing that there is no possibility of a reasonable return on the market value of the site if developed in conformance with the existing zoning (which would permit light manufacturing, commercial ort hotel uses); and

WHEREAS, The Applicant agreed to (a) provide notice in the lease or offering documents given to future residents of the building that it is located in a manufacturing zone and there may be noise at times and at ambient levels greater than that experienced in residential zones, and (b) provide bicycle racks for use by occupants of the building; and

WHEREAS, Although a map of the uses of other buildings on the block shows very few residential buildings (other than lofts which may be used for residential), there is little likelihood that conversion of this site will encourage a rezoning of the area; and

WHEREAS, Concern was expressed that the owner of the adjoining property, a two story building with about 100' street frontage would perceive this application as a precedent, but, at the suggestion of the Land Use and Zoning Committee, the Applicant spoke to that owner to propose common development in conformance with the zoning, and was told there is no immediate interest in developing that property, therefore be it

RESOLVED, that Community Board Five recommends approval of the variance permitting construction of a 15-story residential building at 143 West 30th Street.

The resolution passed with a vote of 34 in favor, 2 opposed, 2 abstentions.

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