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Consents & Variances

2 West 35th Street, S. Wallace Inc, renewal of an unenclosed sidewalk cafe with 6 tables and 24 seats

WHEREAS, The applicant is the operator of Katwalk Lounge at 2 West 35th Street; and

WHEREAS, The unenclosed sidewalk café with 6 tables and 24 seats existing at the premises was approved by Community Board Five in 2007 and no alterations have been made to the sidewalk café since such approval; and

WHEREAS, The sidewalk at the site of the proposed sidewalk cafe is 18 feet wide at this location and the sidewalk café occupies 8’6”, leaving 8’6” clearance of sidewalk space for pedestrian traffic;

WHEREAS, Although (i) this area is heavily trafficked by pedestrians and the sidewalk at this location is congested, and (ii) the sidewalk café leaves 8’6” of clear pathway for pedestrian traffic, less than the 10’ clearance currently recommended by Community Board Five on congested sidewalks, this sidewalk café was approved as it currently exists; and

WHEREAS, Although some residents of the cooperative building located at 372 Fifth Avenue voiced some complaints about noise and disturbances in and around the premises to a member of the Consents and Variances committee who made inquiry there, no complaints against the operation have been received by Community Board Five since 2007 and no residents attended the Committee meeting to object to the renewal; and

WHEREAS, Mike Tracey, a principal of the applicant, has agreed to contact the management of the cooperative located at 372 Fifth Avenue to establish contact and address any issues the residents may have with the operation of the establishment [and has delivered a letter from the cooperative association to Community Board Five confirming that the applicant has been in contact]; and

WHEREAS, Although an inspection of the sidewalk café by a member of the Consents and Variances committee has revealed that the tables of the café were improperly situated in a manner that blocked a sprinkler connection, the applicant has agreed to correct the placement of the tables to correct that encroachment and has provided a photo that such correction has been made; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for renewal of an unenclosed sidewalk cafe with 6 tables and 24 seats at 2 West 35th Street.

The above resolution passed by a vote of 32 in favor; 1 opposed; 1 abstaining.

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