Kravetz v. Plenge

84 A.D.2d 422, 446 N.Y.S.2d 807, 1982 N.Y. App. Div. LEXIS 14938
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 22, 1982
StatusPublished
Cited by18 cases

This text of 84 A.D.2d 422 (Kravetz v. Plenge) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kravetz v. Plenge, 84 A.D.2d 422, 446 N.Y.S.2d 807, 1982 N.Y. App. Div. LEXIS 14938 (N.Y. Ct. App. 1982).

Opinion

OPINION OF THE COURT

Moule, J.

The sole issue presented on this appeal is the validity of an amendment to the zoning ordinances of the City of Rochester.

In 1975, as part of a comprehensive revision of the Rochester zoning ordinances, the “H-4 Medium-High Density Historic District” (H-4 District) was established (Code of City of Rochester, § 115-75). The stated intent of the section was to “promote, maintain and enhance historic medium to high density residential neighborhoods located within a Preservation District” (Code of the City of Rochester, § 115-75, subd A). Specialized standards and requirements were enacted to regulate new construction so that it would be compatible with existing structures and in support of the area character.

To promote the retention of existing structures, the H-4 District allowed specially permitted uses and adaptive uses for existing buildings. Adaptive uses allow up to 100% of the floor area of existing buildings, with a three-tenths ratio of floor area to occupied land, to be converted to business and professional offices, nonretail business artist studios, and medical and dental offices. Special permit uses include residential care facilities, day-care centers, schools and community centers. There are two H-4 Districts in the city: the Western District, consisting of property fronting East Avenue between Prince Street and Merriman Street, and the Eastern District, comprised of lots fronting East Avenue between 1400 East Avenue and Probert Street on the north and Hawthorne Street and Colby Street on the south.

The property in issue is located at 550 East Avenue in the Western H-4 District. Originally constructed in 1973 [424]*424as a 112-unit luxury apartment building for senior citizens, the facility went bankrupt prior to opening and had remained vacant since construction. Structures in the vicinity of 550 East Avenue include a private high-rise apartment, several small apartment buildings, health organization offices, union offices, a nursery school, churches, museums, a social club and headquarters for community service organizations.

Defendant Marine Midland Bank heads a group of banks which acquired the property in mortgage foreclosure. In 1977 this group approached city officials with a proposal to use the vacant building at 550 East Avenue as a hotel. At that time various alternatives for permitting hotel use at the property were developed but no further action was taken.

In 1979 defendants Edward B. Plenge and William L. Sullivan (Plenge and Sullivan) contracted to purchase the property at 550 East Avenue and contacted the Bureau of Planning and Zoning (Bureau) concerning conversion of the site to hotel use. On June 4, 1979, following meetings between the parties over potential use of the site, Plenge and Sullivan submitted an application for an amendment to section 115-75 of the Code of the City of Rochester to the Bureau. The proposed amendment permitted hotels to be established in existing structures located within the H-4 District subject to a special permit. It was determined that five properties, besides 550 East Avenue, would fall within the allowances of the amendment.

An informational hearing on the proposed amendment was conducted by the City Planning Commission (Code of City of Rochester, § 115-26, subd [D], par [3]) on June 13, 1979, at which parties in support of and opposed to the amendment presented their views. Following this hearing, the applicants submitted to the City Planning Commission changes in the proposed amendment, consisting of further restrictions in the establishment of a hotel, such as minimum allowances on the number of rooms and suites. These additional restrictions were prepared with the assistance of the Bureau, whose director stated the attempt was to exclude commercial and convention hotels from the area, and assure that any hotels developed on East Avenue [425]*425would be as compatible with the character of the area as possible. The position of the Bureau was that the proposed hotel use would be consistent with the comprehensive plan for development in the H-4 District, based on existing uses and the fact that an adaptive use provision already allowed for commercial uses.

On July 2, 1979 the City Planning Commission, in conjunction with the Rochester Preservation Board, within whose authority the H-4 Districts fall, held a second informational meeting. Following the meeting, both the Planning Commission and the Preservation Board passed resolutions recommending denial of the proposed amendment.

In accordance with statutory procedure (Code of City of Rochester, § 115-26, subd [D], par [5]), the City Council held a public hearing on the proposed amendment on September 11, 1979. The City Council had previously received a report of the Director of the Bureau of Buildings, sent by the City Manager, concluding that, due to the nature of the construction of 550 East Avenue, it would be difficult to convert to condominium use. The City Council also received a determination of the Bureau that the amendment would have no significant environmental impact and a statement of the Environmental Commission that luxury hotels were in keeping with the uses of the H-4 District. At the hearing, the City Council heard presentations by both sides to the amendment adoption.

On October 9, 1979 the City Council voted to adopt the amendment. In its complete form, the amendment (Code of City of Rochester, § 115-75, subd [F], par [2]) provides that special permit uses in the H-4 District will include:

“(2) [Added Oct. 9, 1979, Ordinance No. 79-549] Hotels in existing structures subject to the additional standards hereinafter set forth:
“(a) Lodging unit requirements. No special permit for conversion of an existing building for use as a hotel shall be issued unless, following such conversion:
“[1] The building contains no less than one hundred (100) lodging units;
[426]*426“[2] The minimum size of lodging units within said building is no less than four hundred (400) square feet; and
“[3] No less than one-third {Vz) of the lodging units are suites, each comprised of no less than one (1) sitting room and no less than one (1) sleeping room, and are rented only as suites.
“(b) Access.
“[1] Ingress and egress to and from all lodging rooms and accessory commercial facilities shall be from inside the building and not directly from the street or from outside the building.
“[2] Public entry to the building shall be through a single lobby or office area which shall be supervised by a person in charge at all hours of the day and night.
“(c) Accessory uses.
“[1] Accessory uses may include newsstands; gift shops; laundry service facilities; beverage, dining and banquet facilities; recreational and health facilities; and other uses and services customarily available for the comfort and accommodation of guests. Accessory uses not included in the original application for establishing the principal use shall be subject to the issuance of a special permit.
“[2] If a restaurant is included as an accessory use, seating capacity shall be limited to a number equal to seventy-five percent (75%) of the number of lodging units in the building.

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Bluebook (online)
84 A.D.2d 422, 446 N.Y.S.2d 807, 1982 N.Y. App. Div. LEXIS 14938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kravetz-v-plenge-nyappdiv-1982.