160 Imlay Street, Brooklyn (circa 2006)

BSA, which had granted variance to developer in 2003, grants time extension due to five-year court battle. In 2003, the Board of Standards & Appeals granted a use variance to 160 Imlay Street Real Estate LLC to allow for the residential conversion of a six-story warehouse at 160 Imlay Street in Red Hook, Brooklyn. 160 Imlay Street LLC had claimed that it could not earn a reasonable rate of return with a complying use under the site’s M2-1 manufacturing zoning designation. The Red Hook-Gowanus Chamber of Commerce filed an article 78 petition challenging the variance. The Chamber, however, failed to name 160 Imlay Street LLC in the petition, and the City asked the State Supreme Court to dismiss the proceeding. The issue was appealed up to the Court of Appeals, which sent the case back to the Supreme Court. (read CityLand’s coverage here).

Supreme Court Justice Yvonne Lewis ruled that the lawsuit could continue without 160 Imlay Street LLC as a named party, and then vacated the variance. Justice Lewis returned the matter to BSA to determine whether 160 Imlay Street (read more…)