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…)