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Land Use, Housing & Zoning

Application # N 190096 ZCM, 1345 Avenue of the Americas, New York, NY, 1345 LEASEHOLD LLC, Application for a City Planning Commission Chairperson’s Certification for an open air cafe

WHEREAS, 1345 Avenue of the Americas (“1345”), between 54-55th Streets, is a 49-story, roughly 1.6 million square foot office building located in Midtown Manhattan on a 90,3641 square foot (“sf”) zoning lot bounded by West 54th Street, Avenue of the Americas, West 55th Street and Seventh Avenue (Block 1007, Lot 29; the “Premises”); and

WHEREAS, 1345 Leasehold LLC (“Applicant”) seeks a City Planning Commission Chairperson’s certifications for an open air café (the “Café”) pursuant to Zoning Resolution Section 37-73(c); and

WHEREAS, Wrapping around 1345 on all four sides is a plaza, which plaza is a single plaza under the Zoning Resolution; and

WHEREAS, The northern part of the plaza and the intended location for the Café is a 4,182.3 sf portion along West 55th Street (the “North Plaza”); and

WHEREAS, From 1990 until recently, open air cafés were located in the westerly portion of the North Plaza; and

WHEREAS, Five café certifications were issued pursuant to Section 37-624: (i) N 900564 ZCM in 1990; (ii) N 960555ZCM in 1996; (iii) N 990613 ZCM in 1999; (iv) N 020693 ZCM in 2002; and (v) N 060024 ZCM in 2005; and

WHEREAS, The 2005 certification expired in 2008 and there are currently no cafés at the Premises; and

WHEREAS, The 2002 open air café (N 020693 ZCM) was located in the western portion of the North Plaza and was 40’-6” wide and 14’-0” deep, leaving 8’-9” between the open air café and the street line along W. 55th Street; and

WHEREAS, The 2002 café contained three seating areas that provided 14 square tables with 28 chairs and 4 circular tables with 16 chairs; and

WHEREAS, The proposed Café is located in the North Plaza and consists of three sections corresponding to tenant spaces adjacent to the North Plaza; and

WHEREAS, The proposed Café is divided into 3 sections:
1. The section to the far west (“Café Area 1”) is approximately 427 sf with a total of 12 tables and 30 chairs;
2. the middle section (“Café Area 2”) is approximately 382 sf with a total of 12 tables and 30 chairs; and
3. the section to the far east (“Café Area 3”) is approximately 427 sf with a total of 13 tables and 32 chairs; and

WHEREAS, The aggregate of all Café sections, totals 1,236 sf (4.3% of the Plaza) and has a total seating capacity of 92; and

WHEREAS, As part of the redesign and reconstruction of the entire plaza, in addition to installation of fountains, landscaping, and public seating in other areas of the plaza, the North Plaza will have the following public seating and amenities in addition to the Café:
1. To the west of Café Area 1, the northern portion of the West Plaza (a/k/a/ Fisher Park) provides 4 movable tables and 8 chairs, for the general public, and one large planter with perimeter bench seating a lot its circumference;
2. Between Café Area 2 and Café Area 3 there is one, back-back fixed bench for the general public; and
3. East of Café Area 3, there is a cluster of public seating that provides 8 movable tables and 16 chairs; and

WHEREAS, The boundaries of each of the 3 areas of the Café will only be identified by lines in the pavement; and

WHEREAS, The boundary of the Cafés will be 4 feet within the property line of the Premises and an additional 5 feet to the nearest obstruction (a row of tree pits), leaving 9 feet of space for pedestrian traffic; and

WHEREAS, The Applicant is requesting certification, pursuant to Sections 37-624 & 37-73(c) of the Zoning Resolution, to allow for the operation of the Café for a three-year term; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by 1345 Leasehold LLC for a City Planning Commission Chairperson’s certification under the Zoning Resolution Section 37-73(c) for an open air café at 1345 Avenue of the Americas, between 54-55th Streets, totaling 1,236 sf in size, with a total seating capacity of 92.

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