Posted by: Patricia Salkin | December 8, 2020

NY Appeals Court Rules that Zoning Regulations Allowed an Accessory Residential Parking Garage to be Converted to Public Use

This post was authored by Amy Lavine, Esq.

In Condominium Bd. of Mgrs. of Tribeca Summit v 415 PR LLC, a New York appellate court determined that a public parking garage was permitted under the applicable zoning regulations. Before it was purchased by the defendants in 2013, the garage had been used as an “accessory” parking facility solely for residents of the condominium. The zoning regulations were also amended in 2013, however, and public parking became a permissible use in garages that had previously been limited to residential accessory parking. As the court noted, “Specifically, ZR 13-21 provides that, “All accessory off-street parking spaces may be made available for public use.” This section unambiguously applies to accessory parking facilities such as the one owned and operated by defendants….” The condominium claimed that a different section of the ordinance applied, because the garage was “developed” prior to the adoption of the zoning changes, but even if this was a proper interpretation of “development,” the defendants applied for and received approval from the Department of Consumer Affairs in 2014 for the proposed public parking. Moreover, because public parking was a “purpose permitted by Law,” there was no basis to find that the garage was in breach of the condominium’s bylaws.

Condominium Bd. of Mgrs. of Tribeca Summit v 415 PR LLC, 2020 NY Slip Op 07312 (NY App Div 1st Dept 12/8/20).

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