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Land Use, Housing & Zoning

ULURP # C 050031 ZSM, Special permit to waive the rear yard setback requirements of Zoning Resolution 23-66 to allow the construction of a Penthouse addition to an existing building located in a C6-4A zoning district and the ...

ULURP # C 050031 ZSM, Special permit to waive the rear yard setback requirements of Zoning Resolution 23-66 to allow the construction of a Penthouse addition to an existing building located in a C6-4A zoning district and the Ladies Mile Historic District at 15 West 20th Street

WHEREAS, 15 West 20th Street is a 9-story vacant building located within the Ladies Mile Historic District and in the area recently rezoned to C6-4A permitting residential use as-of-right; and

WHEREAS, The Owner proposes to construct a two-story penthouse addition set back approximately 20' from the front of the building, 24' from the western lot line and 20' from the northern building line; and

WHEREAS, The second story of the proposed addition is above 125' from the sidewalk and, under the provisions of Z.R. §23-66, would have to be set back an additional 10' from the back of the building, thereby reducing the second story by 330 square feet; and

WHEREAS, The Owner, having agreed to substantial setbacks on three sides in order to make the addition invisible from the street, has applied for a Special Permit waiving the rear yard setback requirement; and

WHEREAS, the project received approval from the Landmarks Committee of Community Board Five in October 2003 and a Certificate of Appropriateness and a Certificate of No Effect from the Landmarks Preservation Commission in March 2004; and

WHEREAS, Pursuant to the requirements of §74-711, the Owner has recorded a Memorandum of Understanding regarding façade restoration work; and

WHEREAS, Although the Committee is concerned about the tendency of owners to maximize the value of their buildings by building penthouse additions, this addition will not block the light and air to any neighboring buildings, is not visible from the street and is the only deviation from the Zoning Code requested by the Owner; therefore be it

RESOLVED, that Community Board Five recommends approval of the issuance of a Special Permit.

The above resolution passed with a vote of 21 in favor, 1 opposed, 1 abstention.    

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