question about lot-line windows
I am curious about any NYC regs. covering new construction adjacent to residential lot-line windows. The case in point involves a midtown street-level parking through-lot next to a 15-story building of loft residences. Each loft residence has multiple lot-line windows that overlook the parking lot. If a developer sought to make parking lot into new…
I am curious about any NYC regs. covering new construction adjacent to residential lot-line windows. The case in point involves a midtown street-level parking through-lot next to a 15-story building of loft residences. Each loft residence has multiple lot-line windows that overlook the parking lot. If a developer sought to make parking lot into new high-rise (crazy notion, I know!), is there a reg. stating the minimum distance that must separate a new structure from the windows of an existing building? This residential building has no setbacks on the parking lot side – it’s a sheer vertical wall.
Thanks to all who responded to my inquiry with so much quality info and insight. I tried to think of all relevant details for my initial post, but could have added that 1928 is listed as the year of construction for the loft building. It looks very much like a commercial structure that might have been re-zoned, circa 1970s or 80s, for a conversion to residential spaces. I don’t live there but was thinking about it.
Zoning no longer allows buildings to be built with windows at the lot line.
Zoning is not meaningless. When it does change, it does so to correct problems this the one that the OP describes.
Unfortunately it is difficult to penalize the contractor who wants to build something that is allowed (a building wall at the lot line). The lot line windows should never have been allowed in the first place, but they were.
You have no recourse. This happened to my buddy. He was able to torment the developer for about a year and delay construction (basically through demanding an audit via the DOB; the developer/contractor was a shoddy outfit out of Queens) but he ultimately lost his windows. He moved.
If you’re thinking of buying, your only recourse is to buy the parking lot as well, which probably isn’t feasible. I’d advise against it. Zoning is fairly meaningless, since zoning can change (again, what happened to my friend).
John Ife talking out of his ass as usual.
Your only protection against the possibility of the windows being blocked off in the future is the potential situation that the developer of your building (assuming it’s relatively new – and I realize that’s probably unlikely by your “loft building” description) bought all the available air rights from the parking lot owner thus negating the opportunity for constructing anything there.
Your only hope is if your building has a variance — it would be in the offering plan (for coop/condo). If there is nothing there — you are stuck. Enjoy the view while you have it. And hope that this real estate downturn will keep that parking lot in place for another 10 years.
No,lot-line windows are treated as if they don’t exist. Lot-line windows may as well be a solid wall. That is why lot-line windowed “bedrooms” can not be advertised as a bedroom and must be labeled by law as a home office / home occupancy.
My building has lot-window “bedrooms” and their units were a lot cheaper than comparable sf units. Those are the breaks if you’re willing to buy into a unit with lot-line windows; if it can be developed, it will be developed.
I hope you’re not a nimby.