Community group argued developer improperly deducted elevator shafts on mechanical floor from floor area calculations. In May 2007, Buildings issued a building permit to the BayRock/Sapir Organization LLC to build a 42-story condominium hotel, known as Trump SoHo, at 246 Spring Street in Manhattan. The lot’s M1-6 zoning prohibited residential development. Therefore, Buildings’ approval required that the developer file a restrictive declaration prohibiting anyone from living in any of the building’s units for more than 29 consecutive days in any 36-day period or for a total of more than 120 days in a calendar year. Later that year, the SoHo Alliance community group unsuccessfully appealed the issuance of the permit, claiming that the building would violate the zoning resolution’s regulations for transient hotels. 5 CityLand 74 (June 15, 2008).

In August 2008, Buildings approved the developer’s plan to add a 43rd and 44th floor to the building. The Alliance challenged Buildings’ issuance of the permit, arguing that the project exceeded the maximum floor-area regulations. Buildings refused to revoke the permit, and the Alliance appealed to BSA. (read more…)