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ZBA approves variance for carriage-house apartments at 80 Fourth Street, deems work effectively new construction

5374389 · July 11, 2025
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Summary

The board approved an area variance for the carriage-house portion of a redevelopment at 80 Fourth Street after concluding the rear structure is effectively new construction, making the new zoning's 700-square-foot average-apartment requirement inapplicable.

The Zoning Board approved PLZBA2025-0037 to expand and rehabilitate the carriage house at 80 Fourth Street, finding the rear structure constitutes substantial new construction and that the new ordinance's 700-square-foot average-apartment rule for existing buildings does not apply.

Applicant presentation: Kyle Engstrom of ME Studio Architects described a two-building property: a front mixed commercial/residential building proposed to contain one ground-floor commercial space and eight apartments above, and a rear carriage-house structure proposed to be reconstructed to provide four additional apartments. "The carriage house is effectively in disrepair. We are salvaging the rear facade for historic purposes. But, essentially, it's a new building," Engstrom said.

Why the variance was sought: a recent zoning change set a minimum average apartment size (700 square feet) for existing buildings; the applicant contended the carriage house reconstruction results in a new building not subject to that rule. The applicant said the carriage house will have new footings, new floor plates and a new roof, and will be sprinkled; the project team said they would preserve a rear façade corbeling detail visible from the interior but otherwise largely replace the structure.

Board and staff review: planning and building staff reviewed the project's Short Environmental Assessment Form and related materials. The board debated whether the project is rehabilitation of an existing structure or new construction; several members described the carriage house work as effectively new construction. One board member asked whether the building department had agreed with that interpretation; staff confirmed the building department had recommended that a variance was required, effectively signaling new-construction interpretation for this application.

Board action: after finding a Short EAF on file and making SEQR findings, a board member moved to approve the carriage-house expansion and rehabilitation and concluded the 700-square-foot rule was moot if the carriage house is treated as new construction; the motion carried on the record.

Details and conditions: the applicant said the front building will retain the commercial storefront at street level while the carriage house will be rebuilt with new footings and meet sprinklering and egress requirements. The applicant said the carriage-house units are planned as smaller studio/one-bedroom units and that they had preserved interior historic details where possible.