Sloatsburg, New York

85 Orange Turnpike is an existing building with a small parking area. The building currently has three occupied apartments on the second floor. The ground floor is currently vacant. The site is in the VC-1 (Village Center-1) zoning district of the Village, having frontage on N.Y.S. Route 17.

Prior to 2022, the ground floor was occupied by a dry cleaner and an embroiderer. When the ground floor rooms were vacated, the owner sought variances to allow the ground floor to be used as a convenience store. The necessary variances, which would have allowed additional parking spaces, were denied. Without additional parking spaces, the ground floor cannot be used for non-residential purposes. The owner therefore wishes to use the ground floor as two apartments.

While the VC-1 district allows mixed-use buildings (commercial and residential) by special permit, it does not allow multi-family buildings. In addition, residential uses are not permitted on the ground floor level of any mixed-use building (Zoning Code, § 54-37.M). A use variance is needed.

Use variances are extremely difficult to obtain. We proved that the cost of building a new parking area was more than twice the value of the property, and that no use, other than additional residential units, could be approved without additional parking. We also proved each of the other elements needed for a use variance.

Narrative summary in support of use variance (with exhibits)

Use variance granted – April 18, 2024


Image courtesy of Civil-Tec Engineering & Surveying, PC