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July 24, 2009
Zoning Lawyer Needed
I just learned that a developer is looking to rezone my block in order to build their project. This is particularly upsetting since my neighbors and I worked hard to get it rezoned just about 2 years ago. Does anyone have any good referrals or have experience with a similar issue?
Comments
Start by speaking with your Community Board (and any other politicians that supported your previous efforts). CB President/staff should have current information on the issue, and the Board's support or opposition.
Posted by: vinca at July 23, 2009 3:28 PM
Thanks for the reply. So far I know of one CB leader that is in favor of it which doesn't make sense since they were the ones pushing for the initial zoning to begin with!
Posted by: Leffertslodger at July 23, 2009 3:32 PM
Before jumping in without a fuller sense of the issue speak with groups already involved in urban planning issues. In addition to your CB you can also try, and probably obtain more references from, the Pratt Center for Community Development: http://prattcenter.net/
Posted by: vinca at July 23, 2009 3:53 PM
I would question that CB member as to why his allegiance has changed. Make sure that he has no economic incentive to see it change.
Generally speaking, it is much harder to get an upzoning than a downzoning.
Posted by: daveinbedstuy at July 23, 2009 4:37 PM
This is called spot rezoning. Rezoning a whole block is generally a different issue than rezoning one parcel. The fact that there is one person on the community board in favor of it is of no moment. A rezoning requires a public hearing. You probably don't need a lawyer until then anyway. A developer can sometimes get a minor/major variance with out a full rezoning. City Planning has a lot to do with whether this gets approved or not. Talk with your local council members office and get more facts...how big a rezoning what is the intended use and good luck to you.....
Posted by: smeyer418 at July 24, 2009 11:41 AM
If you have a good idea of the specific area in question, say the blocks/lots (and it's not just a one parcel or one block RZ), call your CB's land use chair, local electeds and Brooklyn Dept. of City Planning for more info. A change has to go through either DCP or the BSA, which means a URLURP or BZY which has public comment/challenge on many levels, starting at the CB level. If you and your neighbors start your fight (and education) now, you may be well ahead of the game when they goto DCP or the BSA.
Ge the local electeds involved...and if not, the press. Petitions are always a plus with a definite focus on "what you want" and "don't want."
Posted by: Action Jackson at July 24, 2009 11:48 AM
Many folks around the Brooklyn Law School fought the rezoning to allow the dorm on State St. unsucessfully. And this happened right after the area was rezoned and "protected" as well. My advice is to assume you cannot win (stop 100%) and look at ways to mitigate. Spot zoning (as they did for the BLS dorm) can have unintended consequences (what other areas are covered and can take advantage of the new regs?).
Posted by: BH76 at July 24, 2009 11:49 AM
You're going to have a very hard time fighting a developer in Bloomberg's america. I agree with BH76, look at ways to mitigate and also see if you or your block association can talk to the developer, not only to find out more on his plans but also to let him know your concerns, etc.
Posted by: werner at July 24, 2009 12:38 PM
do you know what the re-zoning provisions are?
if the CB is behind it is it possible the developer is looking for a broader mix of uses that may be appropriate rather than an increase in bulk?
Posted by: young archi at July 24, 2009 3:08 PM
Look at Brownstoner posts related to the Riverside Apartments Garage Proposal. This issue gets many negative reactions on this (landlord-filled) blog, but the historic rental building has some pretty good zoning people on board.
Posted by: bklyn20 at July 26, 2009 8:41 PM
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