Controversial hi-rise plan near Brooklyn Botanic Garden appears set to get axed by developer — day after it was OK’d

The developer set to throw shade at the Brooklyn Botanic Garden — and potentially kill off some of its exotic treasures — says it is now backing off its plans because they had to be scaled down too much.

The city Planning Commission OK’d the proposed towering apartment project Monday — but only a version that involved 10 stories with 355 units instead of developer’s sought-after 14 stories and 475 pads.

The developer of a planned housing hi-rise near the Brooklyn Botanical Garden says it now plans to throw in the towel after opposition. Gabriella Bass

“As we told the Commission, these changes significantly impact our ability to deliver on the promises we’ve made to the community – including the creation of much-needed affordable housing units and hundreds of good-paying union jobs,’’ David Rosenberg, the lawyer for developer Continuum, said in a statement late Monday.

“Today’s vote makes that financially unworkable.

“A well-meaning project that cannot be financed will not be built. We are currently evaluating our path forward, but we intend to withdraw the application,” Rosenberg added.

The city Planning Commission voted 9-3 Monday to approve the scaled-back plan, which would still need the City Council’s OK to be built. Stephen Yang for the New York Post

The commission had demanded height changes to the project at 962-970 Franklin Ave. to limit potentially damaging shadows from it that might have been cast over the famed garden and hurt its tropical orchids, tropical desert plants and South African bulbs, as garden and local officials feared.

Plans to the building’s façade were also modified to angle it in such a way that minimal shadows would be cast.

In addition, Continuum pledged to fund added lighting and structure upgrades to the botanic garden and nearby Jackie Robinson Playground, which officials said would also be affected by new shadows.

“With today’s action, we are charting a path forward that balances the need for new housing with critical protections for a treasured community space,” Department of City Planning Director Dan Garodnick said in a statement after the board’s vote Monday.

The proposed tower would be so close to the famed garden that its shadow could affect the garden’s sensitive exotic plants. Google Maps

But Rosenberg told The Post that the developer, still financially uneasy with the reduction of the size of the project, also knew it faced a continued push by the garden to cut down plans even further when the proposal moves to the City Council for final approval.

“Even with all of this, the garden is asking for further reduction,” Rosenberg said.

“We lost 120 units [in the commission’s approval],” Rosenberg said. “The garden is asking to remove an additional 36 units, which makes this project even more unworkable.

“All for 3 minutes of additional sunlight,” he said, referring to the estimated extra sunshine that will fall on the garden with the proposed changes.

The developer said that even the required plan changes so far were troubling — and only more demands were expected to follow. Paul Martinka

Rosenberg said the lowered number of market-rate apartments under the plan even as it currently stands won’t be enough to make up for the cost of the affordable units.

“The affordable housing that’s required, the cost of land, plus required mitigation … can’t offset the costs,” Rosenberg said.

The DCP said it has not yet received an official withdrawal from Continuum, so it will be forwarding the company’s approved application to the City Council for review and a potential final OK.

The developer said that “unless something changes, we intend to withdraw.”

A Post request for comment from the Brooklyn Botanic Garden was not immediately returned.

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