Hey Everybody, Long time lurker who rarely posts. I own a 25x100 M1-4D zoned garage, from which I currently run my business(auto repair). It is one story high with 16ft ceilings. I have so far been unsuccessful in gaining DOB approval to build a second-floor 25x100 apartment. I would use this apartment as my primary residence. The building lot is next to a residential zone, so by law, I am... [more]
Hey Everybody,
Long time lurker who rarely posts. I own a 25x100 M1-4D zoned garage, from which I currently run my business(auto repair). It is one story high with 16ft ceilings. I have so far been unsuccessful in gaining DOB approval to build a second-floor 25x100 apartment. I would use this apartment as my primary residence. The building lot is next to a residential zone, so by law, I am required to have a 15ft buffer zone between the commercial and residential space. The first floor is grandfathered, so DOB will only allow me to build a 10ft wide second floor, which would be useless. Are there any attorneys or architects on this board that would be willing to help? My first appeal was rejected, and I am prepared to spend some time and money trying to get this done. Thanks for any help or insight you may be able to provide.
-Michael
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Response by Mpancheri
about 16 years ago
Posts: 32
Member since: Oct 2007
If anyone has other forum recommendations where this question may be better answered, that would be helpful as well. Thank you.
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Response by Miette
about 16 years ago
Posts: 316
Member since: Jan 2009
Mpancheri, you're much more likely to receive a useful answer to your question if you post in the forums on brownstoner.com. (Even if you're not in Brooklyn.)
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Response by 5thGenNYer
about 16 years ago
Posts: 321
Member since: Apr 2009
Mpancheri- I know an architect that specializes in this sort of thing.
His contact info:'
292B North Central Avenue
Valley Stream, NY 11580
PHONE: (516) 872-1800
(718) 949-2244
FAX: (516) 285-8433
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Response by NWT
about 16 years ago
Posts: 6643
Member since: Sep 2008
Sounds as if you need to get an exception to the zoning, which means going through the Uniform Land Use Review Process, starting with the City Planning Commission. The DOB can't give you an exception. To find a lawyer who can navigate all that, start with your Community Board to get a bunch of names. Or dig around at http://www.nyls.edu/centers/harlan_scholar_centers/center_for_new_york_city_law/cityadmin_library
As you've seen, the problem is with combining residential and manufacturing uses in a manufacturing zone. You could get the zone boundary moved to the left, putting your building in the R5 zone, but then you wouldn't be able to run the garage from there.
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Response by Mpancheri
about 16 years ago
Posts: 32
Member since: Oct 2007
Thank you for all of the help. The building is located in Queens. I had an architect submit a request for variance which the DOB rejected. The next step is to submit an appeal to the Board of Standards and Appeals(BSA). This will require both BSA and Community Board approval. Thank you for the referral, 5thGenNYer. I will follow up with him and see if he can help. Thanks again everybody. :beer:
If anyone has other forum recommendations where this question may be better answered, that would be helpful as well. Thank you.
Mpancheri, you're much more likely to receive a useful answer to your question if you post in the forums on brownstoner.com. (Even if you're not in Brooklyn.)
Mpancheri- I know an architect that specializes in this sort of thing.
Martin Safran
His website is: http://martinsafrenaia.com/
His contact info:'
292B North Central Avenue
Valley Stream, NY 11580
PHONE: (516) 872-1800
(718) 949-2244
FAX: (516) 285-8433
Sounds as if you need to get an exception to the zoning, which means going through the Uniform Land Use Review Process, starting with the City Planning Commission. The DOB can't give you an exception. To find a lawyer who can navigate all that, start with your Community Board to get a bunch of names. Or dig around at http://www.nyls.edu/centers/harlan_scholar_centers/center_for_new_york_city_law/cityadmin_library
As you've seen, the problem is with combining residential and manufacturing uses in a manufacturing zone. You could get the zone boundary moved to the left, putting your building in the R5 zone, but then you wouldn't be able to run the garage from there.
Thank you for all of the help. The building is located in Queens. I had an architect submit a request for variance which the DOB rejected. The next step is to submit an appeal to the Board of Standards and Appeals(BSA). This will require both BSA and Community Board approval. Thank you for the referral, 5thGenNYer. I will follow up with him and see if he can help. Thanks again everybody. :beer: