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Land Use, Housing & Zoning

BSA # 19-05 BZ, application for a variance pursuant to Section 72-21 of the Zoning Resolution, to permit in an M1-6 district, the change in use of portions of an existing nine-story building located at 151 West 28th Street from Commercial to ...

BSA # 19-05 BZ, application for a variance pursuant to Section 72-21 of the Zoning Resolution, to permit in an M1-6 district, the change in use of portions of an existing nine-story building located at 151 West 28th Street from Commercial to Use Group 2 Residential

WHEREAS, The building has 16 units (2 per floor), each 2,000 square feet in area, with retail spaces on the ground floor, and with four commercial units on floors 2, 3, 5, and 7; and

WHEREAS, In 1980, the Bureau of Standards and Appeals denied a variance to permit residential conversion, but under Plan C, in 1985, a Certificate of Occupancy was issued, converting twelve units in place prior to 1980 as residential, and four units remained commercial;  and

WHEREAS, There are significant security problems concerning access to the building as the keyed elevator opens directly into each unit; there is a single service door for all shareholders, and the freight elevator is only accessible through the basement, necessitating tenants to go the basement to operate it, creating a difficult situation for residential and commercial shareholders alike; and

WHEREAS, The four commercial users have indicated to the coop Board that they are willing to vacate their units; and

WHEREAS, There is no reasonable expectation of economic return to the cooperative if those units remain commercial, and the cooperative seeks to convert these spaces to residential units; and

WHEREAS, No other changes are planned for the building; there will be no significant change to the neighborhood by this conversion, and this is a minimum variance for relief to the shareholders, therefore be it

RESOLVED, That Community Board Five recommends approval of the Land Use Variance - Loft Conversion at 151 West 28th Street.

The above resolution passed with a vote of 22 in favor, 0 opposed, 2 abstentions.

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