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Land Use, Housing & Zoning
Application # M8602000CZS - 712-714 Fifth Avenue, in regards to initial Special Permit # C860200(A
WHEREAS, A special permit was granted in 1986 by the City Planning Commission to facilitate the construction of a 52 story mixed use building and for the restoration of the landmarked Henri Bendel Store; and
WHEREAS, In 1987 the application was modified to convert the project above the fifth floor from hotel and residential use to office use; reduced the floor area and increased the ceiling height; and redesign certain storefronts along Fifth Avenue; and
WHEREAS, In 1988 a second modification was made impacting the Henri Bendel Store that:
- Required the lights to be maintained in good working order and replaced as needed so that Lalique Windows could be properly viewed;
- Established that the 56th Street entrance to the ground floor retail space was to be open to the public from 10 am to 6 pm Monday through Saturday excluding holidays;
- Required that public access to the Fifth Avenue Atrium be provided beyond the hours during which the Henri Bendel Store was open;
- Required an unobstructed viewing path on the second through fourth floors around the opening of the floor below be provided to ensure public viewing access to the Fifth Avenue Atrium and the Lalique Windows; and
WHEREAS, In 2004 a third modification was made replacing parts of the second modification that:
- Permitted an exhibit area and viewing locations for the Lalique Windows on the second through fourth floors of the Henri Bendel Store;
- Prohibited floor mounted retail displays or obstructions on the Fifth Avenue Atrium ground floor level exceeding a height of 11 feet 6 inches in the easterly 27 feet of the Atrium or a height of 5 feet 6 inches in the remaining parts of the Atrium;
- Required signage describing the exhibit area, the Lalique windows and the viewing opportunities within the Atrium to be posted on the exterior of 714 Fifth Avenue;
- Required informational material concerning the Lalique Windows to be posted next to windows on the second through fourth floors;
- Prohibited obstructions along the eastern side of the Atrium and required that a 36 inch wide clear and unobstructed path be provided along the southern, western and north sides of the Atrium;
- Eliminated the requirement that the Atrium be open for public access at times other than the regular operating hours of the ground floor retail stores; and
WHEREAS, The applicant, Henri Bendel/Limited Brands, currently operates a small café with 4 tables and eight chairs on the third floor separate and apart from the pathway; and
WHEREAS, The applicant is seeking to remove a restriction contained in the Third Modification with respect to viewing the pathway along the Lalique windows in order to add four 24 inch tables and 8 chairs; and
WHEREAS, The tables would be located on the third floor bridge on the Fifth Avenue Atrium's eastern side between the railing and the Lalique windows; therefore be it
RESOLVED, That Community Board Five recommends approval of application M8602000CZS to remove the restriction contained in the Third Modification with respect to viewing the pathway along the Lalique windows and permit the addition of four 24 inch tables and 8 chairs, in the pathway and apart from the other tables, for the cafe.
The above resolution passed by a vote of 28 in favor, 3 opposed, 0 abstaining, 0 present not entitled to vote.