Construction of Parking Lot Didn't Violate Zoning Law

DOB issued a violation notice to landlord for illegally operating a parking lot in a residential district, in violation of zoning laws. DOB's inspector stated that landlord added a parking lot for 70 cars behind the building. Landlord argued that the parking lot was used only by tenants and therefore was a permissible accessory use. The ALJ ruled against landlord because DOB hadn’t approved landlord’s plans to construct a parking lot. The ALJ said that landlord also violated Zoning Resolution Section 22-00 because parking wasn’t a use specified on the building’s Certificate of Occupancy (C of O). Landlord was fined $1,680.

Landlord appealed. ECB ruled for landlord and revoked the fines. DOB failed to prove that landlord violated the Zoning Resolution because accessory use parking wasn’t listed on the C of O. And landlord proved that the off-street parking was provided for tenants. Landlord’s construction of the parking lot without getting DOB’s advance approval of its plans may violate the Building Code but didn’t violate the Zoning Resolution, which was the violation cited in DOB’s notice.

Henry Hudson Gardens LLC: ECB App. Nos. 41577, 45372 (3/26/09) [5-pg. doc.]