OT: This is something new.... NYC highrise under contruction must remove floors

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A lawsuit was filed and a court just decided the developer of a new highrise has to remove some floors, because it violates zoning laws. They have 51 floors so far, on the way to 55. Ouch!

Seems the problem has something to do with how lots were aggregated and how the zoning laws were incorrectly applied. The court told the city building dept to figure out what the correct, lower number is.

Reply to
trader_4
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No mater what the system is, someone is always trying to cheat it.

I saw another 'cheat' where the builders claimed that some of the 'floors' were not occupied , but were mechanical floors where the air condition and elevator controls and such were located. That ment they should not count.

As with most government rules and regulations , they make it too complicated. If the building code would just say how high it could be, maybe even height above sea level it would be simple.

I would have thought that the plans for the building would have to have been approved by the city/county before a permit to build would have been issued. Once issued, then even if wrong, it should be allowed once construction has started.

Reply to
Ralph Mowery

It was.

Once issued, then even if wrong, it should be allowed once

That was one of the developer's arguments too, but they lost. They will appeal. What we don't know is how much of this was due to the developer trying to cheat and how much might be due to complex rules that can be interpreted different ways.

Reply to
trader_4

BTW, did your new phone finally show up?

Reply to
trader_4

It sounds more like the political clout of the neighbor who complained. It is like the judge in Broward County who suddenly decided his neighbor's boat dock was blocking his view, long after the permits were approved and the dock was built. He had enough clout to get the permit revoked. I think that is still in the courts.

Reply to
gfretwell

If they had political clout, the opponents would not have had to sue and go to court, would they? The permits never would have been approved.

Reply to
trader_4

The tracking number says it is out for delivery. Should be in the mail box sometime today. The mail did not go yesterday due to a holiday. If it does show up , it will only be a week past their first estimate, allowing for the holiday.

Of all things, I have been selected for jury duty. Went up there today at 9 AM. Sat in a big room with about 30 or so people and listened to the man tell us what to expect and watched a movie . Then about 10:30 he told us to come back at 2 PM and the selection will start. My mail usually gets here from about 12:30 to 2:30. No wonder the court system stays backed up. Mainly wasted the whole day for nothing but to get selected or not selected .

Reply to
Ralph Mowery

Wow, that USPS delivery is the worst I've heard about. It got close to you fast, then takes a week to get it to you. Hope it shows up today while you're still there.

Jury duty here is much better. It's been awhile since I was called, but as I recall you only need to show up the first day for a couple hours. Then they let you go home and call you if they need you. I've been called twice. Once I was in the jury pool and had to sit through the selection. They were tossing one juror after another, I though there was a good chance they would get to me, but they didn't. Other time I got selected and was on a high speed chase, assault on cops, type case. I applied the Ralph kind of justice, not going to allow some skunk from NY to come into our parish, create trouble and get away with it. Some jurors are clueless. One young woman thought the cops have to be lying, because they said the perp was fleeing at over 100 mph and she didn't think a 1990 or whatever Impala could go that fast. Then one of the charges was escape with use of force. She didn't think the perp used force. I said, he was going 100 mph, crashing into police cars, he assaulted two cops. That's not force? In the end, it came out right, convicted for enough of what he did.

Reply to
trader_4

Just like the guy in Broward, they were not offended until the building was almost done. They did not contest the zoning when they were supposed to. If this was actually a zoning variance, there was a public notice. Here we actually get it mailed to us if we are inside a

500 foot circle from the closest property line.
Reply to
gfretwell

You know this about the NYC case how?

They did not contest the zoning when they

You know this how?

If this was actually a zoning variance, there was a

No mention is made of a variance.

Reply to
trader_4

The phone did make it here today on the normal mail run.

The box was wrapped in paper and then some brown package wraping tape covered the whole box. On it was a lable from Pitney Bowes and labled 'USPS First-Class PKG.

Those guys in Charlotte NC about 40 miles away from me just seemed to sit in it for almost a week.

I was called in the first group of 12. Seemed ok to the prosicuter, but the defender cut me loose. Not sure if it was because my sister in law was killed in a traffic accident, I knew about a dozen law man that I told were either retired or dead, thought global warming did not have enough data and right now is a big money maker for some. What probably got me out was when he asked for a show of hands for those that thought the man was innocent. I was the only one that did not raise my hand. He asked me why and I said I had no opinion because neither side had presented any evidence at that time.

Took from 9 in the morning to 4 in the afternoon just to select the jury for a simple (we were told) speeding case. I could have been checking out my phone all afternoon.

Reply to
Ralph Mowery

I think a 1990 Impala would have no trouble.

I got up to 110 in my 1950 Oldsmobile.

I'll admit it took a couple minutes to get from 100 to 110, but getting to 100 wasn't hard.

Then I get home and open the hood and there are bubbles coming from under one of the heads. I didn't like the look of that so I closed the hood.

Go upstairs and another guy asks me, Did you hide it? I didn't know about that, but it would have taken 15 more mph. I don't think I could have done it. And I was starting to get scared too. It was 5AM in the middle of michigan, light out and no one around, but 110 is enough.

Didn't open hood again for a couple weeks. No more bubbles.

Couple years later did a compression test and two adjaceent cylinders were low, but car still ran very smooth at 65 for hours at a time.

Reply to
micky

If it is within the zoning they don't have a case at all but it is clear someone with clout is bitching because this building spoiled their view and they didn't complain when it might have made a difference..

Reply to
gfretwell

That's good.

Amateur hour. For something like that it's about the same price or just a dollar out two more to send it priority mail. Plus you get $50 insurance included and you can use the free, professional looking usps boxes.

Hope it works ok.

Reply to
trader_4

And how do you know they didn't complain earlier? Also, nothing nearby anywhere near that high where their view could be blocked. Just the facts.

Reply to
trader_4

Having been in the building business a quarter century, I ask 3 questions.

  1. Did it pass zoning review?
2.Did the plans pass plan review? 3.Was the building built to plan?

If all 3 are yes, the builder is either going to build his building or a lot of people are going to get sued. That is what ended up happening in Broward and the dock stayed. Maybe in a mobbed up place like New York the law doesn't mean anything but if they make a rules and everyone along the line in charge of compliance says they are following the rules, no matter how convoluted they are, the builder deserves some protection from an over reaching government, no matter how much juice the complainer has.

Reply to
gfretwell

Did you clowns even read the article?? The developer cheated and lied to get the permit (he must be related to Trump). Due to the way height is regulated SJP Properties, manipulated the city's zoning code and achieved additional height for the tower by owning a unique combination of land lots. New York City's 1,600-page Zoning Resolution doesn't cap the number of floors for new construction — height is instead determined by floor area per lot. The developer had illegally used a process called "subdividing tax lots" to gain permits to build more floors than is allowed in its zoning region. The department is now tasked with sifting through the Zoning Resolution to determine how many floors need to be removed, according to CNN. A spokesman for the city's Law Department, Nick Paolucci, told CNN in an email that the city is reviewing its legal options. They hope the ruling will be an example for other developers who might consider using the zoning code in a similar fashion.

Sounds like he snuck it through because he applied the rules to several properties he owned as if they were one parcel, then split them off for other projects, making the building too tall for it's lot footprint. - So it LOOKS like he deserves whatever he gets.

Reply to
Clare Snyder

Ding! Ding! Ding! We have a winner!

Reply to
republican

Many of the rules and laws of the US are written so they are hard to understand. Like the income tax. Call the government people and get several different answers.

In this county there is some rule about mobile homes not being able to be put on some places. However there is no rule against a modular home. I know of a contractor and he went to a place that built both. They both looked the same except that when set up the modular was put on a foundation and the mobile was slightly different. You get a title on the mobile just like a anything else that is pulled behind a vehicle.

If the mobile is underpened from about 50 feet away you can not tell any difference.

Reply to
Ralph Mowery

Since 1976 the legal difference is quite simple. A "Modular home" is HUD approved. An "RV" isn't. There are some distinctions about "park models" in some zoning regulations but it is usually enforced by minimum building width (<24') and roof pitch. Any permanent structure also needs to meet all current building codes. If not it needs to be titled as an RV. (tags etc)

Reply to
gfretwell

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