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Land Use, Housing & Zoning
1162 Broadway, b/t 27th - 28th Streets, application for a variance to facilitate construction of a 14-story hotel
At the monthly meeting of Community Board Five on Thursday, December 11, 2014, the Board passed the following resolution with a vote of 32 in favor, 0 opposed, 1abstaining:
WHEREAS, 1162 Broadway is in the Madison Square Park North Historic District and is subject to LPC discretionary review to ensure any development contributes to the character of the historic district; and
WHEREAS, CB5 recommended that LPC approve the design of this 14-story hotel building as contributing to the Madison Square Park North Historic District and LPC believes this development would result in a contributing building; and
WHEREAS, The only means by which the LPC-approved design can be built is through the requested relief from the base heights and setback requirements of ZR Section 43-43 and the side yard requirement of ZR Section 43-25; and
WHEREAS, The requested relief from zoning can be granted through a BSA variance pursuant to ZR Section 72-21 which requires that five findings be met:
a) Unique physical condition;
b) No reasonable possibility that development in strict conformity with ZR would bring reasonable return;
c) Variance, if granted will not alter essential neighborhood character;
d) Difficulties in realizing reasonable return have not been created by the owner;
e) Variance, if granted is minimum necessary to afford relief; and
WHEREAS, Finding (a) is met due to the lot size of less than 2,500 SF and the width of under 25 feet—rendering it one of the smallest lots in the Madison Square Park North Historic District; and
WHEREAS, Finding (b) is met because:
- i. The Landmark Preservation Commission's belief that a setback for development on this site (required in the ZR) would not contribute to the Madison Square Park North Historic District and the relief sought allows the owner to receive a reasonable return which would not be achievable without a variance due to LPC's opposition to allowing development of a conforming building;
- ii. This block is in the Madison Square Park North Historic District with significant procedural costs associated with applying to demolish a building and the presence of LPC-identified contributing buildings on neighboring lots, which significantly reduces the opportunities for the owner to transfer unused development rights or to develop a building on a zoning lot merged with a neighboring site; and
WHEREAS, Finding (c) is met because this development will be for a conforming use; and
WHEREAS, Finding (d) is met because the small size of the zoning lot has not been created by the owner through a lot subdivision; and
WHEREAS, Finding (e) is met because the relief sought allows for just above the threshold of economic feasibility and does not seek to change the use; and
RESOLVED, Community Board Five recommends approval of a variance to facilitate development of a 14-story hotel at 1162 Broadway.