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Land Use, Housing & Zoning
BSA # 148-03BZ, application to amend a previously approved variance to permit in a M1-6 District five story and penthouse mixed commercial and residential building to add a mezzanine in the residential penthouse at 111-113 West 28th Street
WHEREAS, The premises at 111–113 West 28th Street are conjoined buildings located in a manufacturing zone with residential use; and
WHEREAS, The request before the board is an amendment to a previously approved variance to permit residential use in an M1-6 Zoning District; and
WHEREAS, The current ceiling to floor height of both penthouses is 17 feet; and
WHEREAS, Owners of both residential penthouses would like to add an interior mezzanine at the rear of each penthouse, cutting the floor space to 8.5 feet per floor and providing more flexibility for the living space; and
WHEREAS, The Department of Buildings does not permit the addition “as of right” in a M1-6 Zoning District; and
WHEREAS, The proposed amendment would add approximately 1,075.4 square feet; and
WHEREAS, There is no change to the exterior envelope; and
WHEREAS, There is no change to density; and
WHEREAS, The building currently has a Floor Area Ratio (FAR) 4.76, and with the additional mezzanine space, would have an FAR 5.19, well under an FAR 10 for a building in an M1-6 Zoning District; and
WHEREAS, No additional apartment will be added; and
WHEREAS, No other apartment in the building nor the first and second floor retail businesses will be affected;
RESOLVED, That Community Board Five recommends approval to amend the previously approved variance for the construction of a mezzanine floor in both penthouse apartments.