Question for Architect re: M1-2D
I own a small 2 family wood frame on a M1-2D lot. It is in poor condition. I’d like to renovate and enlarge the property and keep it as a 2 family or at least mixed use. Is this possible in a M1-2D zone? The street is mostly 1-2 family or vacant lots.
I own a small 2 family wood frame on a M1-2D lot. It is in poor condition. I’d like to renovate and enlarge the property and keep it as a 2 family or at least mixed use. Is this possible in a M1-2D zone? The street is mostly 1-2 family or vacant lots.
you may want to think about making the frame residence into a brick residence. in the case of fire, the chances of a stick built being totally destroyed is high- then you could not rebuild it into its current use. however, if it is brick or stone construction, most likely 50% of the dwelling will still be standing after a fire, and then you could rebuild it into its present use.
you cannot increase the non-compliance, even if it is grandfathered
if you are looking to enlarge the building you should try to enlarge it (by doing general building regeneration) without adding any new sqf. its a lot of calculation finding out not countable space etc. but may be worth of closer look.
good luck ,
if you would like to check it w/ our office let me know
info(at)raddes.com
The above comments are correct about the DoB not allowing you to extending a use (in this case residential) that no longer complies in a zone. You do have a couple of options available though — one is to extend using another allowed use.
The other, that I think you should pursue, is to throw away the as-of-right approach here. If the character of the street is actually residential, you should try getting a variance for the zoning at the Board of Standards and Appeals. Mind you it wouldn’t work if you needed to do this right away, because BSA variances usually take over a year, but if you weren’t pressed for time why not try it? Nothing to lose.
In general a residential use in a manufacturing district cannot be extended only the old use can be maintained as it is grandfathered. However, In a M district with a D suffix (such as your case) under certain circumstances you can enlarge the residential portion with an additional 500 sq. ft. of floor area. If you want me to look into it before you go ahead e-mail me your info. (address, block and lot) and prefereably a survey to: brooklynexpediter@gmail.com
You cannot have a mixed use (ground-floor M, upper story residential) building in an M1-2D zone unless it’s preexisting. Your current residential house is OK, but you cannot expand it and keep any residential uses.
When you’re ready to move forward with your project, we’d love to talk to you. We’re currently rebuilding the better part of a 3 family woodframe house in Greenpoint that was fire damaged.
Michael Vinocur
Building Equity LLC
mvinocur@buildingequitynyc.com
Thanks for the reply. If the building is 1000sqft and FAR allows 2000sqft can we expand up by 1000sqft and make the ground floor M1 use with residential above?
Without reading through the zoning resolution, I believe that you are allowed to keep your residential use but not increase it. This would mean that your enlargement would need to house a complying use in an M1 zone.