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Land Use, Housing & Zoning

400 Park Avenue South, application for the renewal of ULURP # C 04095 ZSM pursuant to ZR 11-43 of a special permit granted pursuant to ZR 74-721(a) to facilitate the construction of a  new building within a C5-3 zoning district.

WHEREAS, The applicant, 400 Park Avenue South LLC, was granted a Special Permit on December 14, 2004 pursuant to Section 74-721(a) for the purpose of constructing a new building on the zoning lot located at 400 Park Avenue South on the southwest corner of 28th Street; and

WHEREAS, The Special Permit was for four years and will be expiring on December 14, 2008; and

WHEREAS, The property currently houses a public parking lot and a vacant 8 story office building that would be demolished in order to construct the building; and

WHEREAS, The Special Permit that was approved in 2004 permitted the applicant to construct a building with (a) 8 foot side yards between the proposed development and adjacent buildings, (b) windows (not required for light and air) opening on the southern side yard above the height of the adjacent building, and (c) modification of the sky exposure plane, all of these changes dictated by the architecture of the proposed development; and

WHEREAS, The applicant has stated that the facts upon which the special permit was granted in 2004 have not substantially changed; and

WHEREAS, The applicant will be building rental apartments and originally planned to apply for 80/20 financing but is unable to obtain that type of financing at this time and will build market rate rental apartments instead; and

WHEREAS, The applicant will be rebuilding the subway entrance at 28th Street and Park Avenue South and will be working to ensure that all other southbound entrances to the station are open during the construction; and

WHEREAS, Community Board Five approved this application when it was before the board in September 2004 by a vote of 23 in favor, 1 opposed and 1 abstention; therefore be it

RESOLVED, That Community Board Five recommends approval of application of C04095ZSM for the renewal of a Special Permit pursuant to Section 11-43 for the purpose of constructing a new building on the zoning lot located at 400 Park Avenue South.

The above resolution passed by a vote of 29 in favor, 0 opposed, 1 abstaining.

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