In eminent domain case court ruled that appraisal could be based on assumption that variance would be granted. The City acquired title to a vacant M1-2 property, owned by Congregation Adas Yereim, through eminent domain. The property’s zoning allowed light manufacturing uses as-of-right, but prohibited residential uses. Prior to condemnation, Congregation had already begun the process of applying for a special permit and variance that would have allowed it to build a five-story school and … <Read More>
Court Decisions
20-story hotel may be built based on 1963 variance
Court found zoning lot merger to be a technical amendment to prior BSA resolution granting variance; new variance not required, nor is environmental impact statement. BSA granted the College of St. Francis Xavier a variance in 1963 on the condition that Xavier’s proposed development conform to the site plan submitted with the original application. In 2008, Xavier agreed to merge its zoning lot with an adjacent lot owned by Clothing Workers Center Incorporated. Clothing Workers … <Read More>
Landmarks to change designation procedure
Landmarks must promulgate rules that encourage a more timely and transparent processing of landmark nominations. Upon receiving a Request for Evaluation, or an official landmark nomination submitted by the public, Landmarks’ Request for Evaluation Committee would screen the nomination to determine if further consideration was appropriate. If further consideration was warranted, the Committee would send the nomination, a photograph, a statement of significance, and the Committee’s recommendation to each Landmarks Commissioner for comment. When all … <Read More>
Ct. excludes tools from compensable trade fixtures
Court of Appeals reverses lower courts,finds that items may qualify as compensable trade fixtures when functional utility is reduced. After the City acquired title to Kaiser Woodcraft’s property through eminent domain, Kaiser’s appraiser valued compensable trade fixtures at about $577,000. The appraisal included several industrial woodworking tools, including a large table saw and several heavy duty hand tools. The City’s appraiser valued the compensable trade fixtures at $128,936, excluding many items on Kaiser’s list, noting … <Read More>
BSA variance on Staten Is. residential site upheld
Appellate Division reverses lower court in a three-two opinion. GAC Catering Inc. purchased a one-family home on the corner of Otis Avenue and Hylan Boulevard in Staten Island, across the street from its catering business. GAC demolished the house, and applied to BSA for a variance from residential zoning in order to construct a two-story commercial building to be used as a photography studio in conjunction with GAC’s catering hall. In support of its application, … <Read More>
Court upholds City’s approval of Columbia’s plan
Mini-storage owners unsuccessfully challenged FEIS. Columbia University proposed an expansion plan that would allow it to construct a new 17- acre campus in the Manhattanville neighborhood of West Harlem. The plan would create academic building space, university housing, as well as a contiguous below-grade facility, or “bathtub,” to support campus functions. After the City Planning Commission determined that Columbia’s plan might have a significant impact on the environment, Columbia prepared a final environmental impact statement … <Read More>