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Parks & Public Spaces
Application # 8629-2017-ASWC from 400 Fifth Avenue Bakery LLC DBA Maison Kayser for a new unenclosed sidewalk café at 398 5th Avenue (on 36th Street between 5th and 6th Avenues) featuring 10 tables and 32 chairs
WHEREAS, 400 Fifth Avenue Bakery LLC DBA "Maison Kayser" (the "Applicant") is applying for a new unenclosed sidewalk café license at 398 5th Avenue with a Sidewalk Café to be located on 36th Street between 5th Avenue and 6th Avenue; and
WHEREAS, The Applicant seeks to have a sidewalk café occupying a space totaling approximately 140 square feet, and will have 10 tables and 32 chairs to be composed of six tables of four seats each to be arranged along 36th Street, and four tables of two seats each to be arranged on either side of the entrance to the establishment within the property line; and
WHEREAS, The sidewalk in question has a width of 12 feet, and as such, the proposed sidewalk café would occupy a space in accordance with all of the requirements per DCA regulations; and
WHEREAS, Each four-top table will be approximately 46"L x 30"W x 29"H; and each two-top table will be approximately 28"L x 28"W x 41"H; and the sidewalk café shall include planters with a height of 36"L x 36"W x 36"H to be arranged flush against the building opposite the tables along 36th Street; and
WHEREAS, The proposed café will have no table service, but only self-service by its users who will purchase items inside the establishment and bring them to the tables; and
WHEREAS, The sidewalk cafe will open at 6:30 AM and close no later than 10 PM Monday thru Friday and will open at 7 AM and close no later than 10 PM Saturday and Sunday; and
WHEREAS, The proposed café will have no amplified sound; and
WHEREAS, The Applicant has been a responsible community establishment operating cafes of this type in other neighborhoods without adverse affect; and
WHEREAS, Due diligence by Community Board Five, including review of pedestrian counts performed at various times and intervals and submitted by Applicant to the Department of Consumer Affairs, revealed that existing foot traffic on both weekdays and weekends at this location does not pose a congestion concern; and
WHEREAS, In response to community concerns, Applicant agreed to modify the original seating plan to improve pedestrian access at the corner of 5th Avenue and 36th Street by eliminating two of the two-top tables, and moving two of the four-top tables further west on 36th Street; and
WHEREAS, No members of the public commented on the application; therefore, be it
RESOLVED, Community Board Five recommends approval of application # 8629-2017-ASWC from 400 Fifth Avenue Bakery LLC DBA Maison Kayser for a new unenclosed sidewalk café at 398 5th Avenue (on 36th Street between 5th and 6th Avenues).