Building an Extension
I own a 20×55 commercial mixed use building. My direct neighbor has a first floor extension going out to 90 feet (each lot is 20×100 on this street). Another building two doors down also has this size extension. I hired an architect to apply for this same extension for my building. However, being as the…
I own a 20×55 commercial mixed use building. My direct neighbor has a first floor extension going out to 90 feet (each lot is 20×100 on this street). Another building two doors down also has this size extension.
I hired an architect to apply for this same extension for my building. However, being as the next street over is entirely residential along the rear of the property, by zoning rules there must be a 30 foot recess in the backyard. The most we would be allowed to build out is another 15 feet.
I asked two other architects and both said that only a 30 foot recess is allowed.
The building a few doors down built this extension in 1983; the other building has a stop work order on this extension still open since 2004.
Do I have any options?
mica,
Sorry I didn’t see your post until now. If you’re still interested, please give me a call at that number. If I’m not in, it will transfer to my cell and I’ll pick it up even if I’m not in the office.
Jim Hill, RA, LEED AP
Hi Jim- didn’t see your post til today. Please let me know which days you’ll be in. I’d like to take you up on your offer for a quick convo.
The second from the corner extension has no job filings. The few doors down who has an extension, likewise. And there’s a stop work order on my neighboor.
Adjacent residential is zoned R5, so definitely residential.
1. Technically, I believe that an owner can file for a variance, however the process is very technical and you’d be better off using an expediter at the very least, and possibly an architect.
2. Just to be sure, you’ve looked on the actual zoning map and it’s an R district?
3. Look up the neighbor’s address on the DOB site and look under “jobs” for recent applications. This will tell you if there was a permit for the work. If not, then it was done illegally. If so, then there’s still a chance they built more than what was permitted, but it’s not likely.
4. Same as 3. If they did it with a permit, then you should be able to also. You may be able to see if there was a reconsideration (variance) given for the code issue by looking on the DOB site.
I’ll be happy to spend a couple of minutes looking at the DOB site with you later today if you want. I’ll be back in the office by 1:00, and you can call me at (646) 309-7259.
Jim Hill, RA, LEED AP
Urban Pioneering Architecture
Few questions-
1. What resources are available for me to educate myself about applying for a variance? Can I as the owner-occupant of the commercial space myself apply for a variance?
2. Adjacent residential zone is definitely residential.
3. Regarding the neighbor who built this extension in the 1980s: they pay the same taxes as I do per the BIS website and propertyshark does not show that an extension exists. How can I tell if extension was built legally?
4. A new extension was built several months ago on this avenue by the owner second from the corner. They have the same zoning as I do. Is there a reason this would be approved yet three architects have told me I can’t build an extension?
I just took a look at the zoning. It’s very clear that what the other three architects told you is the specific, direct intent of the zoning. If your rear lot line is shared by a lot in a residential zone, you need a 30 foot rear yard.
It’s very easy to look up building permits on the DOB website, so you can look up your neighbor who recently built the extension and see if it was done legally. If there is no record of a permit, then it was not. If there was, then you can see if there was a variance given to do so. If there was no variance, and the work was done legally, then you should be able to do the same. If they did get a variance, then again, you’ll have a better shot at getting one yourself.
Are you sure that the adjacent residential buildings are in a residential zone? They could have been built prior to the current zoning, and be existing residential buildings within a commercial zone, in which case, you may not have to maintain the 30 feet.
Hope this is helpful.
Jim Hill, RA, LEED AP
Urban Pioneering Architecture
If you are doing the extension in order to realize a greater dollar amount for the commercial space, I would think twice about doing any extension because once you build the extension, no matter what size extension, NYC Finance Department will re-classify your building from its current class one to a class four causing your entire property to be taxes at 45% instead of the current 8%
A whooping 5 fold increase in real estate taxes.
Good luck,
You can apply for a variance