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Consents & Variances

99 East 19th Street and Park Ave So., Duke’s NY dba Duke’s NY, application for a new unenclosed sidewalk café with 4 tables and 8 seats

At the regularly scheduled monthly meeting of Community Board Five on Thursday, June 13, 2013, the Board passed the following resolution by a vote of 32 in favor; 7 opposed; 1 abstaining.

WHEREAS, The applicant is seeking permission to operate an unenclosed sidewalk café with 4 tables and 8 seats at 99 East 19th Street; and

WHEREAS, The proposed café would leave exactly the 8' of required space for pedestrian traffic; and

WHEREAS, The applicant has agreed to adapt the application and combine tables in order to make 2 table with 8 seats; and

WHEREAS, The applicant has additionally agreed to not include any railings or barriers allowing for the 3 foot of service isle to be used as shared space with pedestrian traffic; and

WHEREAS, The applicant has agreed to close the sidewalk café by 10:00pm Sunday Thru Thursday and by 11:00 Friday and Saturday; and

WHEREAS, A sidewalk café of equal size exists on the same block next door without causing impediment to pedestrian traffic; and

WHEREAS, various residents of 105 East 19th Street residential complex presented e-mails, pictures and verbal testimonies with regard to the outside abuse of the method of operation of Duke's NY; and

WHEREAS, we recommend that the Public Safety and Quality of Life Committee place Duke's NY on its agenda as soon as it is appropriate for the Committee to review the concerns expressed by the neighbors of Duke's NY; therefore be it

RESOLVED. Community Board Five recommends approval of the application by Duke's NY, for a new unenclosed sidewalk café with 2 tables and 8 seats at 99 East 19th Street and Park Avenue South.

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