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Consents & Variances
928 Broadway, Bar Stuzzichini, application for an unenclosed sidewalk cafe with 12 tables and 24 seats
WHEREAS, Applicant, Bar Stuzzichini, applied for a revocable consent to install an unenclosed sidewalk café at 928 Broadway, between 21st and 22nd streets; and
WHEREAS,The proposed sidewalk café would have 12 tables and 24 seats, and would occupy 9'7'' feet from the façade of the restaurant to the outermost table, leaving only 9'7'' feet for pedestrian traffic; and
WHEREAS, Community Board Five felt that the proposed sidewalk café was too large and requested that Applicant reduce its width to under 7'; and
WHEREAS, Applicant agreed to that requirement; and Community Board Five recommended approval of the application for a revocable consent for an unenclosed sidewalk café at 928 Broadway, with the following conditions:
- the sidewalk café will not exceed 7' in width; and
- Applicant will reduce the tables/seats from 12 tables and 24 seats to 8 tables and 16 seats;
WHEREAS, Since the Department of Consumer Affairs would permit 10 tables and 20 seats in the approved 7 foot width, Applicant subsequently applied to DCA and was granted a café permit for 10 tables and 20 seats, and began operating the café with 10 tables and 20 seats, despite Community Board Five's resolution approving 8 tables and 16 seats; and
WHEREAS, Applicant assures Community Board Five that it did not intentionally disregard Community Board Five's resolution and that it proceeded with a greater number of tables and seats innocently and under a misunderstanding; and
WHEREAS, Although Community Board Five would have preferred that Applicant request an amended resolution prior to moving forward with a greater number of tables and seats than approved by Community Board Five, had Community Board Five known that DCA would have approved 10 tables and 20 seats and had Applicant requested 10 tables and 20 seats at the time, Community Board Five would have approved said 10 tables and 20 seats; therefore, be it
RESOLVED, Community Board Five amends and supersedes its prior resolution on this application and approves an unenclosed sidewalk café at 928 Broadway not exceeding 7 feet in width, with 10 tables and 20 seats.
The above resolution passedby a vote of 25 in favor; 1 opposed; 1 abstaining.