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Land Use, Housing & Zoning

Request for an open air café by 520 Madison Owners, LLC at 520 Madison Avenue pursuant to Z.R. Section 37-04(g)(5) within an urban plaza

WHEREAS, 520 Madison Owners, L.L.C. is applying for a CPC Chairperson's Certification to permit an open air café within an urban "bonus" plaza; and

WHEREAS, This proposed open air café:

WHEREAS, When this urban plaza was built it complied with regulations in place in 1980 and subsequent zoning changes make it permissible for an open air café to be added as long as the CPC Chairperson certifies that the café that will not exceed 20% of the area of the 2,600 square foot plaza; and

WHEREAS, This proposed open air café meets the requirements of ZR Section 37-04(g)(3) in that it will be open to the sky and complies with the 20% area limitation; and

WHEREAS, The applicant proposes to reconstruct the plaza's perimeter wall to add 48 feet of new 24-inch-deep seating to offset the loss of seating on two granite benches at the north end of the plaza that will not be accessible to the public during the hours that the café is in operation; and

WHEREAS, The opening of an open air café at the rear of this plaza will not change the existing lighting nor displace any of the moveable tables and chairs nor interfere with continued public use of and access to the plaza, one that is frequented and valued as an amenity by neighborhood office workers and others; and

WHEREAS, This urban plaza is well maintained with plantings and seating that exceed the requirements of urban plazas; therefore let it be

RESOLVED, That Community Board Five recommends approval of the application of 520 Madison Owners, L.L.C. for a CPC Chairperson's Certification to permit an open air café in the urban plaza located at 520 Madison Avenue.

The above resolution passed with a vote of 33 in favor, 0 opposed, 2 abstentions.

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