ECB Violatiion Private Driveway
I bought a house in 2006 with a front off site driveway and ECB just came by and slapped me with a huge ticked and hearing for it saying it has to be 18 feet, not 10-15 feet. The parking space came with the house and has been here for years. Does anyone have any…
I bought a house in 2006 with a front off site driveway and ECB just came by and slapped me with a huge ticked and hearing for it saying it has to be 18 feet, not 10-15 feet. The parking space came with the house and has been here for years. Does anyone have any experience with this? I mean I know the city is hard up for cash but this is insane.
doesn’t the title search bring up the curb cut?
If the violation is a class 3 and there is a cure date on it, then if you comply within that period there will not be a penalty for the violation. There is also a possibility to stipulate for a lower penalty if you need more time.
Good luck
This is an example of the ‘New” buildings department….lots of summons issued.
Zoning text is available here: http://www.nyc.gov/html/dcp/html/zone/zonetext.shtml
There’s an illustration of driveway regulations at this link:
http://www.nyc.gov/html/dcp/pdf/sigrowth/driv_curb_parking_rules.pdf
Many of these driveways in Brooklyn were cut in without permits. I’m sure that you have no way to tell if the prior owner installed it one year before you purchased the house or if it had been there for decades.
With parking being so tough all over and people ignoring the law and placing curb cuts where ever and when ever they want, I’m glad to hear that the ECB is finally doing something better than ignoring the violations.
That being said, if I were you, I would try to establish the fact that the driveway had been there before you purchased the house (as far back as you can).
Between 1939 and 1941 all houses in NYC were photographed. Copies of these photos can be purchased here:
http://www.nyc.gov/html/records/html/taxphotos/home.shtml
If you can establish that the driveway/curb cut had been there, you might get the violation dismissed as a ‘grandfathered’ driveway there before the 1962 zoning resolution.
Low Talker you are great and so deeply helpful. The violation said it was because it was in an R6 Zone. I don’t have my C of O because there is not one, but Finance bills me as a 2 Family, which I am. When was the resolution passed about driveways? Also I bought the property this way. The house dates from 1923 and I suspect the driveway has been here since the previous owners who had it almost 30 years. Do you present this stuff at a hearing? When you say “considerations” who makes them. I mean it was such a shock to get this violation.
The Zoning Resolution writes the regs on driveways and off-street parking requirements. The Zoning Resolution can be found on the Department of City Planning website. If you can find your Certificate of Occupancy (if you have one) it can tell you what Zone you are in and what the requirments are for your driveway. It’s also possible your house pre-dates the resolution and should be “grandfathered” for its present configuration. Considerations also can be made if you bought the property in its present condition.