Second Department ordered BSA to determine whether special permit findings were met. In 2005, Alexis Lyublinskiy obtained an alteration permit to enlarge his one-story home at 136 Norfolk Street in Manhattan Beach. Initial demolition and construction work did not match building plans, and Lyublinskiy eventually demolished all but one of the original building’s walls and built a two-story house.

Buildings issued a stop-workorder after discovering that the house did not conform to the approved plans. Buildings rescinded the order, but later issued a second order after determining that the house exceeded the permitted floor area and violated wall height and side yard regulations. Instead of revoking the permit, Buildings issued a letter allowing the permit to be categorized as an alteration rather than new construction. (read more…)

Owner’s application to Buildings failed to disclose actual conditions or intentions with respect to demolition. Alexis Lyublinskiy hoped to enlarge his one-story home at 136 Norfolk Street in Manhattan Beach. After his architect self-certified permits, demolition and construction work began that did not match the permits. Lyublinskiy eventually demolished three walls and constructed a two-story home that violated zoning restrictions on floor area, wall height and yard limitations.

The Department of Buildings then issued a stop-work order and notified Lyublinskiy that it planned to revoke the permit. Instead, Buildings issued a letter to Lyublinskiy categorizing the work as an “enlargement” rather than new construction; this allowed him to apply to BSA for a special permit to legalize the work. (read more…)