Applicant claimed that a conforming commercial office building would not yield a reasonable return. DJL Family Limited Partnership applied to BSA for a variance to construct a new seven-story building with 12 apartments and ground floor retail on Spring Street between Crosby Street and Lafayette Street in SoHo, Manhattan. DJL sought a variance because the proposed residential and retail uses were not permitted within the M1-5B district. If granted the variance, DJL planned to demolish the existing one-story commercial building on its 4,766 sq.ft. lot in order to facilitate construction.

DJL claimed that the lot size was too small to construct a conforming commercial office building that would generate a reasonable return. DJL could construct 3,625 sq.ft. floor plates, but would be compelled to devote an average of 630 sq.ft. per floor to stairways, elevators, and bathrooms, resulting in a 17 percent loss of the rentable area per floor. DJL added that a 7,250 sq.ft. commercial building would also need 630 sq.ft. per floor for its building core, but would only lose nine percent of rentable area per floor. (more…)

Trump SoHo wins another appeal. Image: Handel Architects.

Court finds that BSA’s decision to uphold DOB permits was supported by substantial evidence. The New York City Department of Buildings issued permits for a transient hotel at 246 Spring Street in Manhattan. Believing that the design amounted to an unpermitted residential building in an M1-6 zoning district, SoHo Alliance appealed DOB’s decision to BSA. BSA denied the appeal, 5 CityLand 74 (June 15, 2008), and SoHo Alliance filed an article 78 petition challenging BSA’s decision.

SoHo Alliance claimed that BSA had varied the terms of the Zoning Resolution so that the proposed development could be construed as a transient hotel. SoHo Alliance argued that, in order for a building to qualify as a transient hotel, the guestrooms would have to be rented on a daily basis; here, the hotel condominium offered private ownership and permitted a unit owner, or any other individual, to occupy a room for 29 days in any 36-day period and for 120 days in a calendar year. SoHo Alliance also claimed that, since the building was residential in character and within a manufacturing district, the desired separation of manufacturing uses from residential had been undermined. SoHo Alliance further claimed that the presence of owner-controlled closets in guestrooms was evidence of the building’s residential character, and that such closets were not among the enumerated accessory uses permitted for transient hotels. (more…)

Council approved despite community concerns over traffic, environmental impact, and aesthetics. On November 19, 2008, the City Council approved a plan by the Dept. of Sanitation to build a five-story service and maintenance garage, a 34,000 gallon refueling station, and a 75ft. tall salt shed at 500 Washington Street in SoHo, Manhattan. The garage and salt shed would serve Community Districts 1, 2, and 5. 5 CityLand 137 (Oct. 15, 2008).

The plan met with strong opposition from community residents and representatives at its City Planning hearing. Community Boards 1 and 2, as well as Borough President Scott Stringer, supported service for CD1 and 2, but urged the Commission to eliminate CD5 service because the neighborhood could not absorb the additional environmental impact. They also called for elimination of employee parking, noting that it could be made available at Pier 40, and that the space could be used as reservoir space for Sanitation trucks in order to alleviate traffic congestion. Opponents were also concerned about environmental impacts of the salt shed. (more…)

Arpad Baksa-designed, six-story building to be located within corridor between historic Broome and Wooster Streets. On May 7, 2008, the City Planning Commission approved Rocksprings Management Company’s proposal to build a six-story, 12,498-square-foot residential building, with ground-floor retail, at 52 Wooster Street.

Currently, a ten-space parking lot occupies the site, which is located in the SoHo-Cast Iron Historic District on the corner of Broome and Wooster Streets. Surrounding the site are five- and six-story buildings, many of which have residential units, home offices, and art galleries on the upper floors, along with retail establishments and restaurants on the ground floor. Rocksprings sought a special permit because the site is currently zoned for manufacturing activity, specifically M1-5B, and prohibits residential uses therein. (more…)

Council Speaker Christine Quinn recommended variance’s approval. The owner of 521 Broome Street, located between Thompson Street and the intersection of Sixth Avenue and Sullivan Street, sought a variance to allow an eating and drinking establishment on the building’s first floor and cellar, both of which are now vacant. The area’s manufacturing zoning prohibits such uses below the second floor. The building’s upper six floors, occupied by Joint Living Work Quarters for Artists and one market-rate residential unit, would be unaffected by the variance.

Normally, such a request would require the owner to apply to the Department of City Planning for a special permit. The owner, however, opted to apply to BSA for a variance to avoid the costs of seeking such a permit, claiming that the lost profits from the vacant first floor and cellar created a pre-existing financial hardship. (more…)