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July 16, 2009
Unpermitted Extension
We're changing our CO and having trouble with an illegal extension that was built by the previous owner. We need to prove that it was built before 1989 to avoid penalties. Any thoughts other than Sanborn (which does not even show it correctly on the current map)?
Comments
Any way to get dated sattelite images. I know that some municipalities were storing these going back to the eighties just for this purpose. I am not sure what is avail for the city.
steve
www.thetinkerswagon.com
Posted by: thetinkerswagon at July 15, 2009 10:43 PM
1989? Usually the cut-off date is the date that the current zoning went into effect, December 15, 1961, and that generally applies when portions of the building don't meet the zoning code (setbacks, rear yard, FAR, etc). In these cases, the Sanborn maps are the key. If it's not shown there, then it doesn't exist and you need to file it essentially as new construction.
In one case, I was was able to prove that the extension was part of the original construction and that the Sanborn map was incorrect by photographing all of the adjacent buildings that were built at the same time and had identical extensions.
Regardless, you'll need to prove that it meets the building code (fire rating, light & air, etc) before you can get the C of O. You'll probably want to speak with an architect about that.
Jim Hill, RA, LEED AP
Urban Pioneering Architecture
(646) 309-7259
Posted by: JimHill at July 16, 2009 10:05 AM
And why are you changing yoru C of O?
Posted by: ou812 at July 16, 2009 10:12 AM
changing a C of O is tough. Best to get an architect and commence "negotiations" with the DOB. It is one of the hardest bits of paperwork because technically a new C of O is supposed to show that the building conforms to all new codes and laws.
Posted by: Minard Lafever at July 16, 2009 11:12 AM
1. Have you tried contacting the previous owner? If not, try to contact them & ask them if they can provide you with a notarized letter stating that they added the extinction. Depending on when they built the extinction, it may not help you if it was after 1989. However, it is a try.
2. Has a survey been done on the property? Find out. You can take that to the DOB as proof that the extinction was there before you purchased it. However, since we are in a recession & the DOB is always hungry for some $, they may not care if the survey was from 1900 & still have you take it down so GOOD LUCK!
Posted by: Miss Breukelen at July 16, 2009 2:10 PM
There's a lot of talk here assuming that the DOB cares who did the work. Simply put, they don't. In most cases, if the work was done without a permit, whoever is changing the C of O will be responsible for paying the fines. Just because you bought it that way, doesn't mean the violation goes away. It just means you bought the violation.
Sorry to put it that way, but if I were you, I would expect to have to pay the fee, which depending upon the type of building (what is it, anyway?) may not be more than $500 anyway, hire an architect, and legalize the thing.
Posted by: JimHill at July 16, 2009 3:23 PM
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