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Land Use, Housing & Zoning
133 Fifth Avenue, Dezer Properties 133 LLC’s (the “Applicant”), application for an authorization pursuant to Sec. 15-20(b) of the Zoning Resolution to allow conversion of commercial floor area to residential use on floors four through nine and ...
133 Fifth Avenue, Dezer Properties 133 LLC's (the "Applicant"), application for an authorization pursuant to Sec. 15-20(b) of the Zoning Resolution to allow conversion of commercial floor area to residential use on floors four through nine and addition of an accessory residential rooftop penthouse in an existing building
WHEREAS, The applicant, Dezer Properties 133 LLC, has owned 133 Fifth Avenue since 1981 and has filed an application for an authorization pursuant to Sec. 15-20(b) of the Zoning Resolution to allow conversion of commercial floor area to residential use on floors four through nine and addition of an accessory residential rooftop penthouse in an existing building; and
WHEREAS, The applicant plans to make floors four through nine into condominiums and preserve floors one through three as commercial space; and
WHEREAS, Floors four through eight are currently vacant following tenant relocation, which included the fifth floor tenant's move into another applicant-owned building; and
WHEREAS, New construction is limited to a proposed 638 square foot residential rooftop addition plus mechanicals, which will result in a building with a total floor area that remains below the permitted maximum in a 10.0 FAR for C6-4M zoning districts; and
WHEREAS, The Landmarks Preservation Commission ("LPC") voted to issue a Certificate of Appropriateness for restoration and enlargement on June 27, 2006 following receipt of a final restrictive declaration, cyclical maintenance plan and specifications for the proposed renovation of the premises; and
WHEREAS, Community Board 5 voted in favor of this application at its May 2006 meeting by a vote of 25 in favor, 15 opposed, 1 abstention; and
WHEREAS, The restrictive declaration requires any future owner of the building to carry on the maintenance of the building; and
WHEREAS, While Community Board 5 understands that floors four through eight are vacant and that this property is not well suited for commercial use it remains concerned that the conversion of many commercial buildings to residential use has reduced the amount of Class B office space available in the city making it difficult for small businesses and non-profit organizations to find space; therefore be it
RESOLVED, That Community Board 5 recommends approval of the application of Dezer Properties 133 LLC for an authorization pursuant to Sec. 15-20(b) of the Zoning Resolution to allow conversion of commercial floor area to residential use.
The above resolution passed by a vote of 24 in favor, 0 opposed, 2 abstaining.