2F to 3F zoning variance in Schenectady NY?

Question

Does anyone have any experience attempting to get a zoning variance in Schenectady NY to convert an R2 zoned 2F to an R3 zoned 3F? I have a 2F foreclosure under contract that is currently zoned 2F, but has a semi-finished 3rd floor that looked like the prior owner was going to make into a 3rd unit, but the city says it's zoned 2F and a 3rd unit wouldn't be allowed. I can keep it as a 2F and just make the 2nd and 3rd floors into one giant unit, but that wouldn't provide nearly as great a bang-for-the-buck as a separate 3rd unit. There are already 2 methods of egress and everything is to code, and the utilities on the 3rd floor were even separated, so it seems like the last guy was headed down the right track, except failed to check the zoning.

There's a process where I can apply for a variance, but I don't want to bother with the time and expense of doing so if granting R3 variances are unheard of in Schenectady and I'm almost guaranteed to get a "no". Anyone have any experience with this?

PS - Please spare me the lectures on why I shouldn't invest in Schenectady in the first place and all that's wrong with the area, blah blah. I live in the area, I get it. Thanks.

There's a process where I can apply for a variance, but I don't want to bother with the time and expense of doing so if granting R3 variances are unheard of in Schenectady and I'm almost guaranteed to get a "no".  Anyone have any experience with this?

PS - Please spare me the lectures on why I shouldn't invest in Schenectady in the first place and all that's wrong with the area, blah blah.  I live in the area, I get it.  Thanks.

Adnan Algabyali · Answer

Ted. I'm in the same situation in Schenectady. Can you please provide me with your direct contact information. I'm in an R2 zone looking to convert to 3 family.

Ted L. · Answer

I have experience in navigating the zoning in Schenectady. The short answer is "probably not", you will not be able to get a variance to add a third unit in an R-2 district.

The long answer is more complex. You have my contact if you would like to discuss this further. I have had success, on behalf of my clients, in working on complicated zoning questions in the City.