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Land Use, Housing & Zoning

141 Fifth Avenue, request authorization by the City Planning Commission pursuant to Section 15-20(b) of the Z.R. to waive the preservation floor area requirement of Section 15-211 and allow the conversion of the ...

141 Fifth Avenue, request authorization by the City Planning Commission pursuant to Section 15-20(b) of the Z.R. to waive the preservation floor area requirement of Section 15-211 and allow the conversion of the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th and 14th floor s of a non-residential building to residential use

WHEREAS, The building located at 141 Fifth Avenue is in a C6-4M zone and in the Ladies' Mile Historic District; and 

WHEREAS, The original building was constructed in two phases in 1899 and 1901 and designed by Robert Maynicke and Henry Edwards Ficken, respectively; and

WHEREAS, The building footprint covers 8,133 SF, and floors 2-13, which are proposed to be rezoned, contain 82,823 SF of existing office space, of which 59,612 SF are occupied and 23,211 SF are vacant; and

WHEREAS, A partial residential extension will also be added to the 11th through 14th floors of the building using reallocated floor area from the removal of a 12-foot section in the rear of the building; and

WHEREAS, Z.R. §15-20 permits commercial conversion to residential use as long as 50% of the building's square footage is preserved for commercial use in that same or another building; and

WHEREAS, The building is located in the Ladies' Mile Historic District, it is eligible for conversion of 100% of the square footage as long as the Landmarks Preservation Commission issues a Certificate of Appropriateness and a maintenance plan has been filed; and 

WHEREAS, Although the Landmarks Committee of Community Board Five had previously voted to deny the application, the Landmarks Preservation Commission granted the Certificate of Appropriateness to the building for the historic restoration of the building's façade, including the recreation of the fourth floor balcony and cornice, the restoration of the historic storefront, the installation of new, wood, one-over-one windows on the Fifth Avenue facade, and restoration of the current cupola to its historical grandeur; and

WHEREAS, The number of dwellings complies with the density regulations of both 74-711 and 15-111; and

WHEREAS, The Landmarks Preservation Commission has issued a report supporting this application as a result of the extensive restoration program; and

WHEREAS, A program has been established to continue maintenance that will result in the preservation of the building; and

WHEREAS, The general area of the building is characterized by a mix of commercial and residential loft use; and

WHEREAS, A recent rezoning from M1-6M to C6-4A from West 17th to West 22nd Streets has resulted in an increasing amount of residential construction and condominium conversion in the neighborhood; and

WHEREAS, Even without the authorization from the NYC Department of City Planning, the developer is entitled to purchase preservation rights from another building and proceed with the planned use change excluding the restoration plans the developer has in place; and 

WHEREAS, Community Board Five also is encouraging the developer to pursue paths to build moderate income housing within the borough of Manhattan; therefore be it

RESOLVED, Community Board Five recommends approval of the application for the conversion of the building located at 141 Fifth Avenue from commercial to residential using Z.R. §15-20.

The above resolution passed with a vote of 17 in favor, 12 opposed, 3 abstentions.  

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