<< Back
Consents & Variances
249 Park Avenue South, Park Ave Cake LLC d/b/a L’Express, application for a new unenclosed sidewalk café with 7 tables and 22 chairs
WHEREAS, L'Express is applying for a revocable consent to operate a new unenclosed sidewalk cafe ("New Café") license with 7 tables and 22 seats at 249 Park Ave S (at East 20th St); and
WHEREAS, The New Café application is for 5 tables (4 4-tops and 1 2-top) totaling 18 seats to be situated on the east side Park Ave S and for 2 tables (2 2-tops) totaling 4 seats to be situated on the south side of E 20th St; and
WHEREAS, L'Express has been a responsible community fixture of the neighborhood for approximately 20 years serving French cuisine; and
WHEREAS, The character of the Park Ave South corridor has changed in the past several years, but CB5 remains concerned about foot traffic below 23rd street; and
WHEREAS, Pedestrian counts undertaken by CB5's Consents & Variances committee at various times during the summer of 2015 indicate that peak pedestrian traffic on Park Ave South would not preclude the operation of sidewalk cafés on Park Ave South based on the limits set by the NYC DCA of a minimum of 15 square feet of pedestrian space per pedestrian at a flow rate of 15 or fewer pedestrians per minute per foot width; and
WHEREAS, Pedestrian counts undertaken by L'Express support the findings of CB5's Consents & Variances Committee; and
WHEREAS, No moratorium or other restriction exists in the records of CB5 regarding the policy for approving sidewalk cafés on Park Ave South, notwithstanding other restrictions on street furniture on Park Ave South; and
WHEREAS, The New Café must meet the requirements for unobstructed pedestrian traffic according to DCA regulations; and
WHEREAS, The New Café operating hours will not be earlier than 11:00 a.m. or later than 10:00 p.m. Sunday through Thursday and no later than 11 pm Friday and Saturday; and
WHEREAS, The owners and management of L'Express agreed
- to correct the plan view in their application to reflect a DCA limit of 10' surrounding fire hydrants (not 8' as originally filed)
- that they will operate the New Café with no outdoor amplified sound under any circumstances
- that they will not apply for any sidewalk cafe licenses through two summers of operation for any other property that they own or open on Park Avenue South
- to modify their application to reflect a setup for Monday through Friday service for up to 7 tables and up to 14 seats (7 2-tops), otherwise laid out in a similar manner as presented in the application for operation during the week (Saturday and Sunday setup may remain as presented in the original application)
- the New Café will not serve liquor unless and until it has been granted a license by the SLA; therefore be it
RESOLVED, Community Board Five recommends denial of the Park Ave Cake LLC d/b/a L'Express application for revocable consent to operate a new unenclosed sidewalk Café with 7 tables and 22 seats at 249 Park Ave South unless the agreed to modifications and restrictions on operation are incorporated into the method of operation in the application.