Court affirmed power to overturn BSA even when it failed to consider all five variance factors. In 1999, George Pantelidis, owner of a townhouse in Manhattan’s Upper East Side, obtained a permit from the Department of Buildings to construct a glass-enclosed stairwell at the rear of his building. The stairwell allowed the Pantelidis family, who occupied the second and third floors of the five-story building, to move about their residence without using the public stairs.

In 2001, eighteen months after Pantelidis completed construction, a neighbor filed a petition opposing the stairwell’s construction to BSA. BSA sided with the neighbor and revoked Pantelidis’ permit. (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…)