Board ruled that owner made substantial progress on foundation prior to rezoning. In May 2008, Buildings issued the owner of 219-05 North Conduit Boulevard a permit to construct a three-story, 65-room transient hotel in the Laurelton section of Queens. The proposed building complied with the zoning requirements at the time. On September 4, 2008, the City Council approved a rezoning in Laurelton, 5 CityLand 121 (Sept. 15, 2008), which rezoned the owner’s property from C2-2/R3-2 to C1-1/R3X. The new district did not permit transient hotels. Since the building’s foundation had not been completed at the time of the rezoning, the permit lapsed and Buildings issued a stop-work order.

The owner sought approval from BSA to complete construction under a claim of vested rights, arguing that it had completed excavation and that substantial progress had been made on the foundation before Council approved the rezoning. In support of its claim, the owner submitted affidavits from the construction manager and architect, a certified Pile Identification Plan and Pile Driving Reports, and financial documents demonstrating that the owner had incurred approximately 65 percent of the total estimated foundation cost prior to the rezoning. (more…)