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hi I recently got shut down by the building inspection because they said the variance law does not alow my business in the down town area of new rochelle ny , but they said they will consider an architect to draw up my plans then they will sumbit it to the board they said i then have a good shot of getting the place please help me its my 1st business adventure i have no one helping me i need free advice
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Hello:
Please call me tomorrow and give me more specifics of the nature of the problem.
Use variances are not easy to obtain , so some research is necessary.
J Fleming RA, AIA 914 834-7093
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You have been shut down , probably because your "use " of the rented space
is in violation of the Zoning Laws of the City. There is a way to appeal to the
City Government and it is called a Variance Request . Normally you would need to fill out a series of forms asking for specific information of building ownership
reason for desired change , uses of adjacent structures and similar other questions
You then must follow a rigid format of submission of Plans (existing and Proposed)
indicating as much information about your request as possible. The plans would
need to show all pertinent issues (violations to zoning code) that the applicant is
requesting to legalize. After the application is aacepted , a mailiong process must be carried out to invite you r "neighbors" (usually any property owner within 500 feet of your property lines) to a Public Hearing in fron of the Zoning Board of Review. This Board
can vary in its approach and mercy in granting the applicant the requested results.
The Board is sometimes whimsical and political in granting requests . It is up
to the applicants representative to try to present the highest form of appeal
based on hardship . They will not consider granting favorable promulgations to applications that have created their own hardship. (you opened a store in a clearly
marked residential zone etc. )
You must take counsel with the Building inspector and ask him or her if your
application has a chance of being granted. You can always try for a variance but keep in mind that the 5000 dollars cost of carrying thru with the application is never redeemable
If you dont get it you are out 5000 dollars . All variance applications run the same risk.
There are no guarantees when and if you start the process. Our office has seen
a great variety of results in our history of obtaining favorable results. You might have
a neighbor that comes to the public meeting and totally convinces the Board that your actions are totally destructive to the neighborhoo d and as a result the Board will deny your case . A good idea to see how the process works is to attend a Hearing for the
next Meeting of the Variance Board of appeals in your Town
Sincerely
Emilio Escaladas P.E.,R.A. 914 347-4404 cell 914 263-7184
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I believe we can help you with your problem, but I would need more information as to the type of business you are in and other particulars. We are a general practice architectural firm and zoning is a specialty.
I cannot give you much advice without more information. To that end, we offer an initial consultation at no charge and with no obligation.
Even though you are allowed to, I do not advise making application to a board without professional representation. We can provide architectural plans and other services as required to help you through this process. Please contact me with any questions.
Jonathan Hodosh
George Hodosh Associates - Architects, P.C.
845-638-9336 or email at jhodosh@aol.com
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