C/O and Legal Carriage House?
We are about to go into contract on a brownstone in need of a major, if not gut, reno. There is no C of O but it is listed on DOB as a 2-family and we intend to keep it that way. There is a carriage house in the rear that is (partly) original and…
We are about to go into contract on a brownstone in need of a major, if not gut, reno. There is no C of O but it is listed on DOB as a 2-family and we intend to keep it that way. There is a carriage house in the rear that is (partly) original and easily convertible to a garage and even an office above. Can we assume that DOB will allow us to keep the structure and rehab it as a garage/office? If it is “original” should be grandfathered, no? Will we need apply for a C of O to accommodate the old/new structure?? Thanks in advance!
I believe this is complicated. Architects really come into their own when dealing with the Department of Buildings – it’s their job to know the Building Code backwards and to let you know what you can and cannot do legally. Do not assume anything when it comes to the NYC Department of Buildings. “Assume” makes an “ass of “u” and “me”.
A major renovation is really like a complicated ballet, there are various performers who each have a vital role. There’s you, a bank (if you’re financing), the architect, the contractors, and your attorney. You provide property, money and ideas of what you want. The architect turns your ideas into a vision, plans and submissions to the DOB. The general contractor turns the vision into reality. Your lawyer vets all the legal work and gives you advice on what your rights and obligations are. There are also lots of chorus players. You need to find professionals you can trust and whom you believe are honest and ethical.
Personally, I have an attorney that I have great faith in, and if I were doing a reno, I’d ask him to recommend an architect and/or GC. I personally would not sign a legal contract for hundreds of thousands of dollars without asking my attorney’s advice, but maybe I’m overcautious. I frequently find that people assume one thing, but when the contract is read, and if necessary, explained, they find they’ve signed up for something different.
Smoky & McTeague, I believe you can do work to the existing accessory structure, as long as you not increasing the degree of non-compliance. That work would ostensibly constitute repairs. Adding a use, such as an office or otherwise, would not be allowed, but who’s to say that a garage with a finished attic is anything other than that.
The cut-off date for “grandfathering” would be Dec. 15, 1961, when the current zoning went into effect. You must be able to prove the carriage house’s existence in its current size and location prior to that date, and typically the only way to do that is with a Sanborn tax map. You can get one of those for free with a lot of time and effort at the DOB, or you can call up Environmental Data Resources (http://www.edrnet.com) at 800-352-0050 and for $350, you’ll get the full history of tax maps for a few blocks including your property.
Jim Hill, RA, LEED AP
Urban Pioneering Architecture
Sorry to break bad news, McTeague, but it is unlikely you’ll be able to legally modify the carriage house.
I don’t know the specifics of your zoning, but unless you’re a corner lot you have setbacks from the rear property line. 30′ is a typical R6 setback from the rear property line, for example, plus there will be a ratio for maximum built coverage of the lot.
Since you say the carriage house is original, it’s probably pre-1964 and so grandfathered as is. But the DoB will not allow alterations the building as it doesn’t allow you to “improve” a non-compliant condition. So if the carriage house were inside the rear yard setback, you would be able to use it as a carriage house as is, but you couldn’t convert it to a legal guest bedroom, add a bathroom, anything like that.
So really the first step to knowing if you can do anything to the carriage house is see where it falls on the plot survey, find out what the zoning category is, and then compare the zoning category’s setbacks and lot coverage % to what you have on the site to determine if the carriage house could be modified or not.
Minard, good point. my three horse stable, according to the DOB, is an auto body shop, but really, it`s my personal storage facility.
“A carriage house IS a garage.”
sally, careful with the use of common sense when dealing with the NYC DOB.
A carriage house IS a garage. It is an accessory to the house. As far as I know, you don`t need the DOB`s permission to park your car in the garage. Of course, if you want to convert it to a living space that you could potentially rent out, you need an architect to make it official, otherwise you will be breaking the rules and risk getting a violation.
If your info re: no CofO is solely from the DOB website, it may be incorrect. Oftentimes -especially in older homes- the website will show “THERE ARE NO CERTIFICATES OF OCCUPANCY ON FILE FOR THIS ADDRESS” when there is actually a valid CofO in existence. Your first step should be to verify this. Subsequent do’s and dont’s will derive from the existence -or non-existence- of a valid CofO.
You’re opnening up a can of worms. Never assume when dealing with the DOB. They have been totally off their meds over there for about two years and are extremely difficult and almost churlish. They may not understand the concept of “carriage house”. You will need to prove to them that this building was used for parking carriages and that it was built prior to say 1942 or whenever they say. You should speak to an experienced architect (not a newbie) who has been dealing with DOB issues.