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>
Search Results for: Vested Rights
BSA allows construction despite rezoning
BSA rules that foundation work was sufficiently completed prior to rezoning. In June 2007, the Department of Buildings issued the owner of 74 Grand Avenue a permit to construct a five-story, 55,000-squarefoot residential building. The proposed building, to be located between Myrtle and Park Avenues in the Fort Greene section of Brooklyn, complied with the zoning requirements at the time. The next month, the City rezoned portions of Fort Greene from R6 to R6B, rendering … <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>
Two Brooklyn developments grandfathered
BSA extends time to complete construction based on common law, not the zoning code. Brooklyn’s South Park Slope neighborhood was rezoned in November 2005 to prevent out-of-scale development, forcing some developers to stop work on projects that no longer conformed to the new zoning. 2 CityLand 161 (Dec. 2005). Two developers in South Park Slope, with projects at 639 Sixth Avenue and 400 15th Street, requested permission to extend their construction time, filing two applications … <Read More>
BSA grandfathers partially completed developments
Controversial West Village developments go forward. After the City rezoned the Far West Village in October 2005, several developers were forced to stop construction on projects inconsistent with the new zoning. Developers of two projects, a 12,325-square-foot project at 163 Charles Street and a two-story addition to a six-story garage at 164 Perry Street, sought BSA approval to grandfather their development plans and continue work. Each developer filed two appeals with BSA, arguing to continue … <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>