Search Results for: Appeal,Vested Right

Bronx project grandfathered after Court remand

183 East Broadway. Image: CityLand.

BSA granted four-year extension to complete 63-unit building after City conceded that developer could correct noncompliant plans. In May 2004, Buildings issued developer GRA V LLC excavation and foundation permits for a 63-unit residential building at 3329 Giles Place in the Van Cortlandt Village section of the Bronx. GRA V began excavating the site and pouring the foundation for its proposed six-story building. In September 2004, before GRA V completed … <Read More>

Development grandfathered: foundations 91% complete

A Portion of a proposed fourteen-home development along Woodrow Road and Turner Street in Staten Island. Image: Courtesy Think Design Architecture.

Developer poured 91 percent of the foundations of fourteen-home development before the City Council approved the Sandy Ground Rezoning. Prior to February 2010, a developer obtained excavation and foundation permits and began work on a fourteen-building development on a 44,069 sq.ft. lot at Woodrow Road and Turner Street in Staten Island. The developer planned … <Read More>

Rezoned owner allowed to complete construction

DOB stop-work order of no consequence in vested rights analysis. On April 25, 2007, the Department of Buildings issued a permit to the owner of 1447 Rosedale Avenue to construct a three-story, two-family home. Two weeks later the City Council approved a rezoning in Park Stratton which changed the zoning on the owner’s lot from R6 to R5, thereby rendering the proposed project out-of-compliance with maximum permitted floor area, parking, lot coverage, residential density, and … <Read More>

BSA okays 16-story bldg. one year after rezoning

Council Member Letitia James opposed vested right claim. On March 4, 2008, BSA allowed construction of a 16-story building at 163 Washington Avenue to move forward despite the fact that the building is out of compliance with the recently adopted Fort Greene- Clinton Hill Rezoning plan. The building will have community facility use on the first floor with residential use in the remainder of the building. It will also have a second- floor terrace, supported … <Read More>

BSA grandfathers Dyker Heights development

Council Member Gentile sent letter in support of developer’s appeal. On July 12, 2007, the Department of Buildings issued the owner of 1270 Bay Ridge Parkway, located between 12th and 13th Avenues, a permit to construct a three-story building that would include space for residential, commercial and community facility use. Less than two weeks later, on July 25, 2007, the City Council voted to rezone the Dyker Heights neighborhood, putting the proposed development out … <Read More>

Community facility bulk rules apply to mixed-use bldg.

BSA finds no ambiguity in zoning text. Developer 4175 Building Corp. filed permit applications to build two four-story, semi-detached buildings on the same residential zoning lot in the Elmhurst section of Queens. The developer proposed a community facility use in the buildings’ first floor and cellar, with residential uses on the floors above.

The Department of Buildings told the developer to revise its plans to conform with residential bulk regulations. The developer then submitted revised … <Read More>