On application, the Chairperson of the City Planning Commission may grant minor modifications to the following provisions of this Chapter:

(a)        The requirements of paragraph (a) of Section 15-22, relating to dwelling unit size may be modified provided that the Chairperson has administratively certified to the Department of Buildings that the division of one or more stories into dwelling units with an area of at least 1,200 square feet cannot be accomplished without practical difficulties because the floor area of such story, exclusive of exterior walls, and common areas, is within five percent of a multiple of 1,200 square feet.

(b)        The requirements of Sections 15-12 and 15-24 relating to the open space equivalent may be modified provided that the Chairperson has administratively certified to the Department of Buildings that the roof either is unsuited for open space use or cannot be made suitable for open space use at reasonable cost.

(c)        The requirements of paragraphs (a) or (d) of Section 15-213 (Comparability) relating to comparability of elevators or loading facilities may be modified provided that the Chairperson has administratively certified to the Department of Buildings that the elevators or loading facilities serving the floor area to be preserved provide facilities for manufacturing or commercial uses that are equivalent or superior to those serving the floor area to be converted.

The requirements of paragraph (c)(1) of Section 15-213 relating to comparability of size of floors may be modified provided that the Chairperson has administratively certified to the Department of Buildings that the floor area to be preserved consists of floors that are of equivalent or larger size than the floors in the building to be converted.

A developer must send a copy of any request for modification pursuant to this Section to the applicable Community Board at least 20 days prior to the next regularly scheduled Board meeting.  If the Community Board chooses to comment on such requests it must do so within 31 days of such notification.