R4A next door to R4-1

The detached neighbor has an 8ft driveway abutting my property. Their other side is 2′. The survey that we used to file measured the semi attached neighbors side yard as 8′. To the naked eye, it looks less. I measured and got 94″ in the front and 92″ at the rear. There is a brick wall with fence between properties so I don’t know where the exact lot line falls on that brick wall.after the objection, I called the surveyor and asked if he could re-measure based on my findings. He said that surveys can be off by couple inches but because we already filed with his survey using 8′ he won’t revise his survey in fear it will look suspicious. So I had a second survey done and he found that the front of the building is 8′ and the rear is 7″11 1/2\. My architect and expediter both said the 1/2 inch won’t look viable to an examiner. I know this isn’t the case, but I really feel like I’m the only property in the area to be faced with this code. And for the life of me, I can’t wrap my head around the fact that an 8′ side yard requires 5′ side yard abutting… But a 7′ side yard could have a 2′ side yard abutting. I guess a law is a law?

I actually need one more piece of information…for your detached neighbor, they have an 8′ side yard abutting your property. What’s their side yard on the other side of their property? ZR23-461(c)(4) says that you need to provide 5′ side yard next to them if their two side lots total 13′ or more, with both side yards on that lot being at least 5′ wide. You’ve have a surveyor survey your property? So you or your architect aren’t measuring existing side yards yourselves? If that side yard at the semi-detached house is 7.99′, then your problem goes away. jcarch ———————— James Cleary Architecture http://brownstoner.staging.wpengine.com/jamescleary

Thank you for your time to look into this, I really appreciate it. My lot is 32.5 wide. Current side yards are 2′ and 8′. On the side of my 2′ side yard, adjacent neighbor is detached with 8′ side yard. On the side of my 8′ side yard, adjacent Neighbor is semi detached with 8′ side yard. In my plans, I proposed to swap my side yards so that the 8′ is adjacent to the detached neighbors and my 2′ side yard is adjacent to the semi detached neighbor. That’s where the code reference above comes into play, telling us that because the semi detached neighbor has an 8′ side yard, we have to provide 5′ on that side. My architect and expeditor have never come across this particular code and weren’t aware of it until the examiner referenced it in his objections. The reason I want to move the side yard is because the neighbor is built 2-3 feet lower than my property, requiring a fence to be erected so there are no injuries. The fence makes it hard to pull into the driveway or open the car doors without hitting the fence. The neighbor on the other side is the same level as my property so I really wanted to move my driveway to that side. Unfortunately, its looking like I need to give up 🙁 It’s just so frustrating, because the code is so specific and rare. I can’t find any other property in the area with my problem. Thanks!

As a new building in an R4A, ZR113-543 does not impact you…it just points you back to ZR23-461. Whether ZR23-461(c) is restricted to the zones listed in paragraph (b)…enough so that I ran it by a colleague. But the answer is no, (c) is not restricted to the zones in (b) If you look at the table in (a), you’ll see that the side yards listed on the last two rows (which include both R4A and R4-1, have asterisks next to them. And below the table, it explains that the asterisk means that (c) applies. So the 5′ side yard issue will apply to you. Your question about whether both properties have to be in the R4A for the 5′ rule to apply is interesting, but I don’t think you’re going to get far with this. First because the zoning doesn’t say anything about that, while in other sections (street wall height, for example), the zoning specifically lays out what to do when a property borders another zone. In the absence of those type of regulations here, I think they go by the letter of the statute, which gives you no relief because your neighbor is in the R4-1\. Second, since the 5′ rule applies to both R4A and R4-1\. If different regs applied to each zone, then maybe you’d have an argument, but they don’t. If you don’t mind my asking, I have 3 questions: 1\. how wide is your lot? 2\. how wide are your side yards currently? 3\. is the neighbor on the other side also semi-detached? jcarch ———————— James Cleary Architecture brownstoner.staging.wpengine.com/jamescleary

Thank you for your response. We were called out on zr23 461 (c)4 regarding the neighbor being semi detached and having an 8 ft side yard – thus requiring us to have 5′ on that side. I read the code so many times, my mind is spinning. However, I do see a lack of clarity which can lead to different interpretations of the code in this situation. I would love to hear your thoughts to the below. In section 113-543 it states “the regulations set forth in section 23-461…pertaining to R4A districts shall apply to detached buildings. The regulations in that section pertaining to R4-1 districts shall apply to semi detached residences.” We are zoned R4A. The neighbor is zoned as R4-1\. Both special ocean parkway district. In section 23-461,according to the table in paragraph a, R4A requires 2 side yards, totaling 10ft (min 2ft on one side). R4-1 requires 1 side yard, totaling 8 ft. Continuing through the section, above paragraph b, there is the heading R3-1 R3-2 R4 R4-1 R4B R5\. Take note that R4A is not listed. The section then goes on to illustrate side yard requirements, which, based on the heading, one would assume is related to R3-1 R3-2 R4 R4-1 R4B R5\. R4A is not mentioned. It is in this part of the section that the 5’ rule (if there is an adjacent semidetached building with 8’) comes into effect. If you recall, section 113-543 states that the regulations given to R4A in 23-461 pertain to detached buildings. We are detached. We are R4A. We are required to have 10 ft side yards, with 1 side yard being a minimum of 2 ft. The way I interpret the code, the objection that we were called out on pertains to zoning lots R4-1\. Since we are R4A, they should not pertain to our property. Am I coming out of left field here or do I have a case? thanks!!

I recommend looking at the zoning yourself – the side yard sections have some very useful illustrations that help the text make sense. You can view the zoning [here](http://http://www.nyc.gov/html/dcp/pdf/zone/art02c03.pdf). There are two possible triggers for the 5′ side yard requirement: ZR23-461(c)(2) says that where your side yards total more than 13′ combined width, the minimum side yard width increases to 5′ as long as the combined width is at least 13′. This section is intended to give homeowners whose neighbors are both lot line buildings a break – they can reduce one of their side yards instead of being forced to lose 8′ on both sides of a lot. ZR23-461(c)(4) says that if your neighbor has side yards totaling at least 13′, then you have to have a 5′ side yard. Or if your neighbor is a semi-detached residence with a side yard of at least 8′, you again have to have a 5′ side yard. If you’re running afoul of the second section, I don’t think there’s anything you can do. You’ll have to have a 5′ If you’re running afoul of the first section, I’m guessing that while you’re not forced to have side yards totaling more than 13′ because of your neighbors, that between your side yard and your driveway you’re proposed side yards total more than 13′? Is that correct? If it is, you’re triggering the 5′ minimum width. To fix that, you could have 2′ on one side, and 10′-11″ on the other. That’s less than 13′ combined, so you don’t trigger the 5′ minimum, and can keep the side opposite the driveway to 2′. I don’t see anything that modifies side yard requirements just because you’re adjacent to another zoning district. Your architect should be able to get more detail from the plan examiner when they meet to reivew/clear the objections. But they frequently interpret things wrong, in which case your architect will need to try to meet with the head plan examiner, or more likely, file a determination in writing to appeal the plan examiner’s opinion. That will take at least a month if you have to go that route. jcarch ———————— James Cleary Architecture brownstoner.staging.wpengine.com/jamescleary