Board of Standards and Appeals Community Board 3 / Manhattan June 13, 2011

1. Board of Standards and AppealsCommunity Board 3 / ManhattanJune 13, 2011 • Introduction • Applications: • Variances • Special Permits • Amendments • Vested Rights • Appeals • Public Review Process • Basis of Board Decisions

2. History and Role • Created in 1916 with the adoption of New York City’s first Zoning Code • “Relief Valve” for properties unduly burdened by the zoning code based on unique site conditions • Board’s existence ensures that the City’s zoning is protected from broad constitutional challenge • Board is an independent, administrative review body with five members including three licensed professionals in Planning, Architecture and Engineering • Board’s 15 staff includes professionals in law, planning, finance and environmental review

3. Applications • Variances • Special permits • Amendments to Previous Approvals • Vested Rights • Appeals

4. Variances • Five Findings: (a) Unique physical condition that results in hardship inherent in the subject property (b) Reasonable financial return cannot be realized because of such hardship (c) Essential neighborhood character will not be changed (d) Hardship is not self created (e) Relief granted is minimum necessary for a feasible project • The Board must make each and every finding in order to approve the variance

5. Special Permits and Amendments • Special permits for Health Clubs (physical culture establishments), schools in M Districts, cell towers in residential districts • Amendments to previously approved plans and /or resolutions • Extensions of term of previously granted variances (for eg. gas stations, auto-repairs, transient parking in residential buildings)

6. Vested Rights • Applications to vest permits under prior zoning • Two options: Zoning Resolution Section 11-331, 11-332 or Common Law • Applications under 11-331 must file within 30 days of the zoning change • Board decision is based on: • Issuance of valid building permits prior to new zoning • Excavation is complete and substantial progress made in constructing foundation

7. Appeals • Appeals to Buildings Dept Determinations • Interpretation of Zoning Regulations • Issuance of Building Permits • Waivers to the Building Code and Multiple Dwelling Law based on practical difficulty and unnecessary hardship

8. Public Review Process • Board Rules require variances and special permits be referred to community boards, city councilmembers, borough president and City Planning • Above entities receive copies of the application and any subsequent submissions by applicant • Community boards are given 60 days to review • Board Rules require hearing notices be sent to community boards and affected property owners. • Above requirements do not apply to vesting and appeals applications

9. Board Decisions • Board’s basis is the statute (findings) under which it is authorized to make decisions • Board is guided by legal precedent and case law • The Board is subject to legal challenge, and therefore imperative that the Board’s decisions are defensible

10. Community Board 3 / Manhattan • Cases since 2001 • 16 variance applications • 4 special permit applications • 6 vested rights applications • 12 appeals applications • 8 amendment applications • 23 Approvals • 6 Denials • 12 Withdrawals • 5 pending