Council ordered to grant sidewalk cafe application

Council’s denial of permit based only on community opposition overturned. Jack Bistro, a restaurant at 80 University Place in Manhattan, applied for a sidewalk cafe permit to add outdoor seating. After a public hearing, DCA recommended approval. Community Board 2, which received the application from DCA for comment, recommended denial, citing the community’s “longstanding tradition” against outdoor seating along University Place.

When the application went to City Council, opponents reiterated that the community was against … <Read More>


Council overturned on refusal to remove use restriction

Brooklyn developer still cannot build housing. Middleland Inc. sought to rezone three lots on DeKalb Avenue and Spencer Street in Brooklyn and remove a 1975 restriction recorded on the site that limited its use to accessory parking for an adjacent IBM plant, closed since 1993 and now occupied by a Home Depot. Middleland planned to construct housing on its site.

Despite the Planning Commission’s approval, the City Council rejected both of Middleland’s requests, citing the … <Read More>


City’s approval ruled not binding on future owners

Five-story row house at 330 West 86th Street to be demolished. Photo: Kevin Schultz.

Restrictions in deed and Council’s approval do not restrict future owners. The City foreclosed on a deteriorated five-story row house at 330 West 86th Street between West End Avenue and Riverside Drive. The City, through HPD, sought to designate the lot as a UDAAP, an Urban Development Action Area Project, to allow for a quick sale without an auction or bidding … <Read More>


City wins adult use case

City amended law to obstruct loopholes. In 1993, adult establishments had proliferated within the city, growing from only nine in 1965 to 177 in 1993. A 1993 Planning Department study, precipitated by this increase, concluded that adult uses produced secondary negative impacts like increased crime, property value depreciation and a reduction in commercial activity in areas where the uses were heavily concentrated. This study became the basis of a 1995 citywide zoning amendment that prohibited … <Read More>


City provides alternative sites for Bronx Gardeners

Settlement came after gardeners filed Article 78 petition. As reported in the November issue of CityLand, the City Council’s October 13, 2004 approval of the Courtlandt Avenue Apartments, a 167-unit, affordable housing development slated for Melrose Commons, would result in the demolition of several Bronx community gardens. The development site, comprising 16 lots, occupies most of the block between East 158th and East 159th Streets, and Park and Courtlandt Avenues.

On November 23, 2004, gardeners … <Read More>