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Bronx family livid after developer builds apartment 12 inches from their home
ny post ^ | january 18, 2013 | LIA EUSTACHEWICH

Posted on 01/18/2013 9:24:56 AM PST by lowbridge

A new apartment building is being constructed just 12 inches from a family’s home in The Bronx, and the house’s owners are fuming mad.

“This is what I get to see. Nice,” scoffed Fernando Justiniano, 49, yesterday as he drew open his dining-room curtains to reveal the “monstrosity’’ of gray cinder blocks a foot from his home at 3525 Bruckner Blvd.

Justiniano and his wife, Patty, 44, said that when they bought the Pelham Bay home for $200,000 about 13 years ago, it overlooked another residence with a pristine yard.

“It’s preposterous. The fact that [the developer] can build that close — I don’t understand,” Patty said.

(Excerpt) Read more at nypost.com ...


TOPICS: Chit/Chat; Miscellaneous
KEYWORDS: bronx
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1 posted on 01/18/2013 9:25:06 AM PST by lowbridge
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To: lowbridge
Section 8 housing at work to destroy your property values.

All part of Plank #1 of the Communist Manifesto to eliminate private property.

2 posted on 01/18/2013 9:29:02 AM PST by E. Pluribus Unum (TYRANNY: When the people fear the politicians. LIBERTY: When the politicians fear the people.)
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To: lowbridge
said they fear their property value will plummet

That has already happened a while ago...

3 posted on 01/18/2013 9:29:58 AM PST by petercooper
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To: lowbridge

I’m all for private owners doing what they wish on their own property but in this case it clearly impacts the neighbors negatively.


4 posted on 01/18/2013 9:30:54 AM PST by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: lowbridge
“It’s preposterous. The fact that [the developer] can build that close — I don’t understand,” Patty said."

Exactly, you don't understand. If you want to control the property, own the property.

5 posted on 01/18/2013 9:31:41 AM PST by muir_redwoods (Don't fire until you see the blue of their helmets)
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To: lowbridge

So, they built to the line and he has about a foot setback? Sheesh.


6 posted on 01/18/2013 9:33:34 AM PST by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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To: lowbridge

“It’s preposterous. The fact that [the developer] can build that close — I don’t understand,” Patty said”

Google the address in the article then do a street scene and view the vacant lot. Go 3 houses to the right and see the exact same setting (house/apt. 12” apart) that she’s whining about.

It’s preposterous that she had no clue that it could be done in her neighborhood when it exists 3 doors away.


7 posted on 01/18/2013 9:36:23 AM PST by Rebelbase
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To: lowbridge

I’m confused. The home owner insists that the apartment building should be require to have at least three feet of side yard, which presumably would give at least six feet between houses. Yet the newly constructed building is 1 foot from his house.

Doesn’t this mean that his house is no more than twelve inches from the property line? How can he demand 3 feet on the other side when he obviously is not compliant with that himself?


8 posted on 01/18/2013 9:37:26 AM PST by Burkean (.)
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To: lowbridge

Why can’t the developer build 12” from his lot if the homeowner can build twelve inches from his? The kitchen window is right near the lot line also.


9 posted on 01/18/2013 9:37:46 AM PST by Sawdring
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To: lowbridge

According to the zoning rules, buildings can be built right up to the property line. If that leaves them only a 12 inch gap, then the existing building is only 12 inches from the property line. Tough luck.


10 posted on 01/18/2013 9:38:44 AM PST by Fresh Wind (The last remnants of the Old Republic have been swept away.)
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To: lowbridge

am I misunderstanding something? If the developer built an apartment 12 inches from his property line and it overlooks this guys house, doesn’t that mean that this guy also built to the property line?

If this guy had a 3 foot yard, then the developer coudn’t have come any closer than 3 feet.

or is it just me?


11 posted on 01/18/2013 9:38:51 AM PST by SoftballMominVA
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To: Burkean

Bingo!


12 posted on 01/18/2013 9:42:47 AM PST by JoeDetweiler
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To: muir_redwoods
Actually, zoning was established so that a group of like minded people could live in an area peaceably ~ and not have ol'Billbobjoe bring in the hawgs!

So-called public housing was designed as a way around zoning changes ~ because it was gub'mnt doing the trick the SFH occupants could do little about it.

What you are seeing in this case is another abuse of government ~ and for no discernable purpose.

13 posted on 01/18/2013 9:44:18 AM PST by muawiyah
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To: lowbridge

14 posted on 01/18/2013 9:45:08 AM PST by Rebelbase
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To: Rebelbase

The whiner’s house is forth to left from the old brick apt. building in photo above.


15 posted on 01/18/2013 9:46:16 AM PST by Rebelbase
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To: Burkean
How can he demand 3 feet on the other side when he obviously is not compliant with that himself?

Because it's the Bronx

16 posted on 01/18/2013 9:47:47 AM PST by frithguild (You can call me Snippy the Anti-Freeper)
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To: lowbridge

When I was just a little kid the people who bought the lot next door to ours dug their basement and started the footings while we were on vacation.

They put the home right on the boundary, within inches of the line, they couldn’t have trimmed the lawn against the house unless they were in our yard. Boy were they mad when dad informed them of the 25’ setback on all buildings.

Making them dig out their poured footings and move the house over started a 14 year Hatfield/McCoy situation between our families. Of course them having to make a 4 point turn to get into their garage on the other side of the house was kind of funny, since they also discovered (from a phone call by dad I think) couldn’t have a garage door facing the road.

Taught me a lifelong lesson. It pays to read the covenants, deed restrictions, and building codes BEFORE you buy or start building.


17 posted on 01/18/2013 9:48:24 AM PST by Abathar (Proudly posting without reading the article carefully since 2004)
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To: lowbridge

Has the zoning changed? Or has the zoning remained the same?

If it’s the later (and it probably is)...boo-freaking-hoo!

It’s called due diligence.

Regardless, it seems to me like a great time to sell. Offer ‘right of first refusal’ to the next door developer. You’ll probably get more than the $200K you originally paid and the ability to find a nicer street on which to live. Just check the zoning regs first. Capiche?!


18 posted on 01/18/2013 9:51:19 AM PST by mkboyce
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To: Rebelbase

http://www.nyc.gov/html/dcp/html/zone/zh_resdistricts.shtml ~ read this. About halfway through you find out about CONTEXTUAL ZONING and this new building is zoned R7, and it’s butt up against an R5 ~ which is low rise ~ R5 doesn’t have a 3 foot setback ~ if any at all. Looks like zero lot line construction is allowed ~ however, R7 of any kind is prohibited in this context where there are low rise dwellings in the immediate vicinity. They have some other detailed standards, but if some minor eyeballing calls into question the context it’s probably pretty much the case somebody violated some serious stuff with the new building. Those standards are most likely overriden by an agreement to reserve one condo or apartment inside the new building for low income people on Section 8. This piece doesn’t address those cases but this is New York City and the totalitarian left runs everything so the guys on welfare have rights that are greater than those of the mere property owners next door.


19 posted on 01/18/2013 9:56:20 AM PST by muawiyah
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To: Fresh Wind
According to the zoning rules, buildings can be built right up to the property line. If that leaves them only a 12 inch gap, then the existing building is only 12 inches from the property line. Tough luck.

If the gap between his home and the apartment complex is only 12", how can he do any exterior maintenance on the side of his house? The existing homes on that street are separated by a driveway.

20 posted on 01/18/2013 9:56:47 AM PST by Living Free in NH
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