Subcellar, cellar, and first floor of 11-story hotel may be used for hotel and retail uses. On January 28, 2009, the City Council approved Crosby Street Hotel LLC’s special permit application requesting an additional 19,116sq.ft. for hotel and retail uses within an 11-story hotel at 79 Crosby Street in SoHo, Manhattan. The surrounding neighborhood is mostly three- to seven-story buildings and loft buildings with ground floor retail.

Normally prohibited below the floor level of the second story in M1-5B districts, hotel and retail uses may be allowed in such areas through a special permit from the City Planning Commission. In order for the Commission to grant the special permit, it must find that the owner of the space, or a predecessor in title, has made a good faith effort to rent the space to a permitted use at fair market value. In cases where the building occupies less than 3,600sq.ft. of lot area, the Commission must also find that the good faith marketing effort was actively pursued for at least six months prior to the date of the special permit application. (read more…)