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Consents & Variances

235 Park Avenue South, (NW corner of East 19th Street), DePalino Restaurant Corp. dba City Crab & Seafood Co., application for renewal of an unenclosed sidewalk café with 5 tables and 10 seats.

At the regularly scheduled monthly meeting of Community Board Five on Thursday, October 10, 2013, the Board passed the following resolution by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant has applied for renewal of an existing permit which allows for an unenclosed sidewalk café with 5 tables and 10 seats on East 19th Street, just east of Park Avenue South, outside of City Crab & Seafood Co.; and

WHEREAS, The proposed café would leave a minimum of 8'-0" of required space for pedestrian traffic, and additionally has agreed to not include any railings or barriers; 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, Residents of 105 East 19th Street have reported that the permit for the existing sidewalk café is inadequately displayed, and that the restaurant staff has at times put out more than 10 seats; and

WHEREAS, These reports were discussed with the applicant's representative during our October 3, 2013 Consents & Variances Committee meeting, and it has been agreed that the proper permit would be adequately displayed and properly adhered to; therefore, be it

RESOLVED, Community Board Five recommends denial of the application for a revocable consent for an unenclosed sidewalk café at 235 Park Avenue South, unless the appropriate permit is visibly displayed, and the staff can consistently and properly adhere to the permission for a maximum of 5 tables and 10 seats.

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