Court allowed a relaxed standard of review for area variances. George Pantelidis, owner of a five-story townhouse at 116 East 73rd Street in Manhattan, after receiving a permit from Buildings, began construction of a glass-enclosed staircase that connected the second and third floor of the townhouse through the rear yard. From the start of construction, the next door neighbor vigorously opposed the glass enclosure. At Buildings, the neighbor’s objections were addressed by the Borough Commissioner and his staff, who repeatedly affirmed the Pantelidis permit.

After the glass enclosure was completed, the neighbor appealed Buildings’ permit approval to the Board of Standards and Appeals. BSA revoked the permit, finding that the enclosure did not meet zoning specifications. Pantelidis then applied for an area variance. BSA denied the variance, finding that Pantelidis had failed to meet the five factors required for granting a variance. (read more…)

Owner built glass-enclosed stairwell after receiving approval from Buildings and Landmarks. In 1999, George Pantelidis, owner of a four-story townhouse at 116 East 73rd Street in Manhattan’s Upper East Side Historic District, obtained a Buildings permit to build a glass-enclosed stairwell in the rear yard of the townhouse. The stairwell allowed the Pantelidis family, who resided on the first two floors, to go from one floor to another without using the public stairs. Prior to construction, Pantelidis also obtained the required approvals from Community Board 8 and Landmarks. In 2001, eighteen months after the $200,000 stairwell was completed, neighbors challenged the issuance of the permit by asking Buildings to update the permit, which is common practice. Although Buildings updated without any changes and affirmed the permit, the update allowed the neighbors to appeal to BSA.

BSA granted the neighbor’s appeal and revoked the permit, finding that the glass-enclosed stairwell was taller than the 14-foot limit in the zoning resolution for “greenhouses” and, although the permit referred to it as a greenhouse, it did not meet the definition for one. BSA also found that the stairwell further decreased the building’s compliance with the rear yard limits. (read more…)