SoHo Alliance v. New York City Board of Standards & Appeals

Tom, J. (dissenting)

Respondents appeal a judgment granting the petition to annul two resolutions issued by respondent New York City Board of Standards and Appeals (BSA) for zoning variances to permit construction of two buildings containing both residential and commercial premises in the SoHo neighborhood in lower Manhattan.

The two properties in issue, presently unimproved and used as open-air parking lots, are located on the north side of the SoHo district and also within the SoHo Cast Iron Historic District. The latter was created in 1973 in recognition of its location as “the world’s…