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Land Use, Housing & Zoning
An authorization to convert the entire 2nd floor and portions of the 4th, 5th, and 8th floors, pursuant to ZR Section 15-20(b) and to approve the cancellation of the restrictive declaration pursuant to ZR 15-214 at 5-7 East 17th Street
WHEREAS, 5-7 East 17th LLC is seeking to covert the entire 2nd floor and portions of the 4th, 5th, and 8th floors, pursuant to ZR Section 15-20(b), and to approve the cancellation of the restrictive declaration pursuant to ZR 15-214 at 5-7 East 17th Street a.k.a 10 East 18th Street; and
WHEREAS, The applications are not subject to ULURP; and
WHEREAS, On 8/14/1990 a zoning certification (N890723 ZCM) was approved for the residential use of the 3rd, 6th, and 7th floors and portions of the 4th, 5th and 8th floors; and
WHEREAS, Pursuant to Section 15-20(b) of the Zoning Resolution the requirements of Section 15-21 of the Zoning Resolution may be waived in connection with the conversion of all or any portion of a non-residential building to a residential use, provided that the Applicant has met the following requirements:
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Such non-residential building is either a landmark or lies within a Historic District:
The building is located entirely in a M1-5M District and within the Ladies Mile Historic District.
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Any alterations to the subject building, required in connection with such conversion to residential use, have received a Certificate of Appropriateness or other permit from the Landmarks Preservation Commission (LPC):
LPC has issued a Permit/Certificate of No Effect, dated November 22, 2005, setting forth the alterations to the building in connection with the conversion to residential use.
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A program has been established for continuing maintenance that will result in the preservation of the subject building or buildings as evidenced by a report from the LPC:
A declaration setting forth a program for continuing maintenance, as approved by the LPC, has been executed and acknowledged by the applicant, and is on file with LPC.
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Such non-residential building, or portions thereof, being converted to residential use, shall comply with the density requirements set forth in Section 74-711 paragraph (a)(3) of the Zoning Resolution:
The building, as converted to residential use, will comply with such density requirements; and
WHEREAS, The application also states that the granting of the requested authorization by the City Planning Commission would have minimal adverse effects on the conforming uses located within the building and in the surrounding area. In addition, that residential use is already permitted in a large portion of the building and a number of buildings in the immediate area already permit residential use; and
WHEREAS, The existing class B office space is currently vacant; and
WHEREAS, The existing residential tenants of the building are comprised of mostly market rate tenants and a small number of rent stabilized tenants, who will remain in the building; and
WHEREAS, The ground floor retail space will continue to be occupied by Barnes & Noble; and
WHEREAS, The developer wants to convert the non-residential units to condominiums with units ranging in the 3000 square foot range; therefore be it
RESOLVED, That Community Board Five recommends approval of the application to covert the entire 2nd floor and portions of the 4th, 5th, and 8th floors, pursuant to ZR Section 15-20(b), and to approve the cancellation of the restrictive declaration pursuant to ZR 15-214 at 5-7 East 17th Street a.k.a 10 East 18th Street.
The above resolution passed with a vote of 22 in favor, 12 opposed, 1 abstention.